Planning commission denies request to keep enclosed addition at 13704 Morning Point Drive

On June 4, 2026, the Pearland Planning Commission voted against a variance that would have allowed an enclosed addition to remain at 13704 Morning Point Drive.

Planning staff told the commission the enclosure encroaches on a 20‑foot rear setback established by the Shadow Creek Ranch PUD and that the request meets only three of eight approval criteria in UDC section 2252D. Staff concluded the structural enclosure was built without required permits and represented a self‑created hardship and recommended denial.

Applicant Joel Azarin told the board he purchased the house in 2013 and that the concrete pad the enclosure covers was already in place when he bought the property. "I didn't build the slab. I just created the enclosure on top of the existing slab," Azarin said, adding that the enclosed space has no HVAC, gas or electrical service and is non‑habitable.

Commissioners and staff discussed whether the roof or concrete pad would need to be removed if the variance were denied. Staff said the pad and roof could remain in some circumstances but the walls would have to be removed because any enclosed space becomes part of the primary structure and must meet setback requirements.

A motion to approve the variance failed (recorded in the transcript as "Motion fails 32"). The practical effect discussed at the hearing was that denying the variance would likely require removal of the enclosure’s walls while leaving the uncovered patio slab in place.

The commission did not vote to grant the variance; staff will proceed consistent with code enforcement and any follow‑up permitting steps.