Pearland ZBA approves special exception and variance for accessory structure at 6109 Gardenia Street

PEARLAND, Texas — The Pearland Zoning Board of Adjustment on Thursday approved both a special exception and a variance for property at 6109 Gardenia Street, allowing the owners to replace older accessory buildings with a new one-story metal structure despite exceeding the zoning code's accessory-coverage limit.

Planner Katie Peterson presented the staff report and described two requests: a special exception for an accessory structure that encroaches within the 25-foot O'Day Road setback on a corner lot and a variance to allow accessory structures to exceed 5% of the lot area. Peterson said the proposed building would be 1,974 square feet and that staff calculated total accessory coverage with the proposal at about 6,606 square feet, or roughly 16.6% of the lot. "When a building permit comes in, all of the drainage that would need to be associated with the site would need to come into compliance with that building permit," Peterson said, noting permit review would require drainage compliance.

Peterson told the board the property contains nonconforming accessory structures that predate current rules and that the application meets one criterion for a special exception under the Unified Development Code. She added staff found the application met two (and possibly a third) of eight variance criteria but said "staff is unable to recommend approval of the requested variance to allow for the construction of accessory structure which exceeds the permitted lot coverage for accessory structures." Peterson also read the applicable code sections referenced in the packet.

The applicants and nearby residents spoke in support. Brad (Speaker 5), the applicant, said he had worked with staff since November 2023 to replace dilapidated structures and that the owners were willing to address drainage and other concerns. Owner Jennifer Jordan Acre said the old buildings "mean a lot" to the family and that she hoped to dedicate the last structure to her late father. Owner Timothy Acres said the existing structures were an eyesore and had been damaged in storms; he described storing classic cars and family items inside the buildings.

One written public comment opposing the request was submitted prior to the meeting; the commenter expressed concerns about flooding in the area and the potential use of the property for more storage than the ordinance allows. Peterson told the board that drainage issues raised in the comment would need to be resolved during the building-permit review.

Board members asked staff to clarify footprint calculations. Peterson corrected an earlier figure, saying the previous structure measured 2,168 square feet and the proposed building would be 1,974 square feet, a reduction of 194 square feet of impervious surface from the earlier structure. She noted that if a previously-included carport had been removed, the total accessory percentage could fall to about 15.1% of the lot, but would remain well above the 5% limit.

After discussion, Board Member (Speaker 11) moved to approve Request 1 (the special exception) for application 2025-0392 as presented; Board Member (Speaker 2) seconded and the motion carried 5-0. Board Member (Speaker 2) then moved to approve Request 2 (the variance to exceed 5% coverage) for the same application; Board Member (Speaker 11) seconded and that motion also carried 5-0.

The board and staff emphasized that formal building permits and any required drainage improvements must be approved before construction starts. Peterson noted that a variance or special exception granted in isolation would not itself allow a building permit to proceed if other required approvals were not in place. The board then took up a procedural item displaying the 2026 meeting calendar before adjourning at about 6:30 p.m.

Action taken: special exception approved (5-0); variance approved (5-0). Next steps: applicants must obtain building permits and satisfy drainage and code requirements identified during permit review.