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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

December 2, 2010

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

II.                Approval of Minutes

A.     November 4, 2010

III.             The Swearing in of Speakers and Witnesses

IV.              Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA10-28 (Knights of Columbus), a variance request to the requirement (Section 125-191.C) that grandfathered uses shall not be enlarged to occupy more of a building or site [to construct a storage building], on approximately 3.0 acres zoned “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet), legally described as Lot 1, Block 1 of the Friendswood Columbus Club Subdivision, generally located south of Farm to Market Road 518 and east of Bay Area Boulevard, with the approximate address being 4889 Farm to Market Road 518.

V.                 New Business

A.  Consider and take action on ZBA10-30 (Crowder Funeral Home), a variance request to Section 90-181(1)(j) of the League City Sign Ordinance prohibiting the use of digital signs.

VI.              Other Business

A.     Consider and take action on amending the Policies and Procedures for the Zoning Board of Adjustments to include rules and procedures for hearings before the Building and Standards Commission.

B.     Consider and take action on the Zoning Board of Adjustments Meeting Dates for 2011.

VII.           Executive (CLOSED) Session

A.     Consult with attorney, to receive legal advice only in relation to legal issues and questions associated with ZBA10-16 (Wings N More Pole Sign), pursuant to Section 551.071 of the Texas Government Code. (No Action will be taken.)

B.     Consult with attorney, to receive legal advice only in relation to legal issues and questions associated with ZBA10-29 (628 Highway 3 South), pursuant to Section 551.071 of the Texas Government Code. (No Action will be taken.)

VIII.        Items Tabled and Subject to Recall

AConsider and take action on ZBA10-16 (Wings N More Pole Sign), a variance request for an additional sign and/or sign area pursuant to Sections 90-6, 90-110(b)(3) and 90-110(c)(2) of the Sign Ordinance defining (i) the requirements for businesses within eight hundred (800) feet for the centerline of an interstate highway and/or (ii) the requirements for signs located at an integrated business development. (Note, an executive session to consult with attorney may be conducted prior to discussion of this item – See VIII below).

 

 

Page 2 of 2

City of League City

Zoning Board of Adjustments/

Building Standards Commission

Regular Session Agenda

December 2, 2010 

6:00 PM

Council Chambers, 200 West Walker Street

 

 

IX.              Public Hearings and Action Items from Public Hearings, continued

A.     Hold a public hearing and take action on ZBA10-29 (628 Highway 3 South), to determine whether four (4) buildings or structures are a dangerous building, and issue any order(s) determined necessary to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property legally described as a portion of Lot 3 (3-6) and (3-7), Block G of the Clear Creek Subdivision, a subdivision in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 119, Page 70 of the Map Records of Galveston County. The building official has found the subject property to be in violation of the subject Ordinance. A copy of the inspection report listing the specific conditions alleging the structure(s) to be in violation of the subject Ordinance is on file with the City Secretary for public inspection. (Note, an executive session to consult with attorney may be conducted prior to discussion of this item – See VIII below).

OWNERS/LIENHOLDERS

TWT Mortgage Group, LLC., P.O. Box 920777, Houston, Texas 77292.

 

Aldente, LLC., 901 Main St., Suite 5500, Dallas, Texas 75202-3767

                              And 17837 1st Ave. South, PMB 310, Normandy Park, Washington 98148

X.                 Adjournment

 

CERTIFICATE

 

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, BY THE 29TH DAY OF NOVEMBER, 2010 BY 6 PM, AND WAS POSTED IN ACCORDANCE WITH CHAPTER 551, LOCAL GOVERNMENT CODE (THE TEXAS OPEN MEETINGS ACT).  ITEMS POSTED IN THE OPEN SESSION PORTIONS OF THIS AGENDA MAY ALSO BE DISCUSSED IN CLOSED OR EXECUTIVE SESSION IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS OPEN MEETINGS ACT. THE BOARD RESERVES THE RIGHT TO HEAR ANY OF THE ABOVE DESCRIBED AGENDA ITEMS THAT QUALIFY FOR AN EXECUTIVE SESSION, IN AN EXECUTIVE SESSION BY PUBLICLY ANNOUNCING THE APPLICABLE SECTION NUMBER OF THE OPEN MEETINGS ACT, (CHAPTER 551 OF THE TEXAS GOVERNMENT CODE, SPECIFICALLY INCLUDING CHAPTER 551.071 “CONSULTATION WITH ATTORNEY”), THAT JUSTIFIES EXECUTIVE SESSION TREATMENT.

 

NOTICE IS HEREBY GIVEN THAT THE PRESENCE OF A QUORUM OF THE MEMBERS OF CITY COUNCIL AT ANY TIME DURING THE COURSE OF THE ABOVE-REFERENCED PROCEEDING MAY CONSTITUTE A MEETING OF CITY COUNCIL PURSUANT TO THE TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.  BY THIS NOTICE, THE PUBLIC IS HEREBY ADVISED OF SAID MEETING NOT LESS THAN 72 HOURS IN ADVANCE OF THE DATE, TIME AND LOCATION NOTED ABOVE.

 

 

 

__________________________________________                                              __________________________________________               

MARK LINENSCHMIDT, AICP                                                                   OSCAR AREVALO,

SENIOR PLANNER                                                                                          BUILDING OFFICIAL

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR SESSION

THURSDAY December 02, 2010 at 6:00 P.M.

City Council Chambers

200 WEST WALKER

******************************************************************

Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:06 p.m.

 

Members present:                                                       *Members absent:

             James R. Christiansen, Chair

            Amy Beasley                            

Richard Stephenson                                                   

Elaine Kosty                                                   

 

 

City Representatives:

LaShondra Holmes, Planning Manager

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

R.J. Davidson, Building Inspector

Susan Wologo, Recording Secretary

Stephen Weathered, City Attorney

Arnold Polanco, City Attorney

 

 

Approval of Minutes

 

 

A.  November 04, 2010

 

Ms. Beasley made a motion to approve the minutes of November 04, 2010.

 

Ms. Kosty seconded the motion.

 

The motion passed unanimously with a vote of 4-0-0.

 

 

 

 

 

Swearing in of Witnesses

 

Mr. Christiansen swore in the witnesses, stating this is a quasi-judicial board, which is being recorded and therefore anybody that speaks should be aware it is considered testimony.  Any appeal of the decision by the Board of Adjustment must be filed with the Court of Competent Jurisdiction within 10 days of the date of the decision rendered by this board. 

 

 

 

Public Hearings and Action Items from Public Hearings

Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA10-28 (Knights of Columbus), a variance request to the requirement (Section 125-191.C) that grandfathered uses shall not be enlarged to occupy more of a building or site [to construct a storage building], on approximately 3.0 acres zoned “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet), legally described as Lot 1, Block 1 of the Friendswood Columbus Club Subdivision, generally located south of Farm to Market Road 518 and east of Bay Area Boulevard, with the approximate address being 4889 Farm to Market Road 518.

Mr. Linenschmidt, Senior Planner, restated the staff report for this item and reviewed all eight tests within the staff report for the Commissioner’s consideration.  He further added that should the request be approved, staff recommends the following conditions:

The request will be limited to the single accessory structure, as shown in the exhibit provided by the applicant.

The proposed building shall be constructed of the size, shape and location as is attached to the staff report.

The proposed building shall be for storage only.

The Owner must apply for a Certificate of Nonconformance with the site plan revision to add the accessory structure.

Mr. Christiansen called the applicant forward.

Jerel Lanan, Financial Secretary for the Knights of Columbus, came forward and reiterated his request then provided the Commission with a booklet containing information describing the functions of the Knights of Columbus and information related to the variance request.  

A discussion was held regarding past failed attempts to rezone the property due to opposition from surrounding property owners.  Mr. Lanan described the dilemma of having his business within a residential zoning district.

A discussion was held regarding the applicant’s hardship.  The Commissioners agreed that the hardship was not created by the applicant but was the result of the property rezone.

With no further discussion, Mr. Christiansen opened the public portion of the hearing at 6:29 p.m.

Allicia Hulett, resident at 4601 W. Main St., came forward and stated that she was not in opposition of the storage facility but would like assurance that the facility is not going to be rented out.  She said she would also like to know what type equipment will be stored in the facility.  She further voiced concerns regarding the lake east of the property. At Mr. Christiansen’s request, Mr. Linenschmidt and Mr. Lanan addressed the applicant’s concerns.

With no other comments from the public, Mr. Christiansen closed the public portion of the hearing at 6:37 p.m. then called for a motion.

Ms. Beasley made a motion to approve ZBA10-28 (Knights of Columbus) with all of the eight tests met within the staff report and with the four conditions recommended and noted by staff.

Ms. Kosty seconded the motion.

Ms. Kosty requested that a copy of the conditions be provided to Ms. Hulett. 

In a discussion, Ms. Beasley commented that she did not believe the request for a storage building would either increase or decrease any of the neighbor’s concerns.

The motion passed unanimously with a vote of 4-0-0.

Mr. Christiansen announced for the record and for the purpose of maintaining a quorum, that Ms. Kosty would be leaving the meeting at 8:00 p.m.   

 

New Business

             AConsider and take action on ZBA10-30 (Crowder Funeral Home), a variance request to Section 90-181(1)(j) of the League City Sign Ordinance prohibiting the use of digital signs.

Mr. Arevalo restated the staff report for this item stating that although the current ordinance does not allow for digital signs the proposed ordinance will allow for digital signs with certain conditions.

A discussion was held regarding the proposed sign ordinance.  Ms. Kosty inquired whether or not there was a time factor involved which would prevent the applicant from waiting until the new sign ordinance was in place since a variance would not be needed under the new sign ordinance.

Matt Crowder, the applicant, came forward with Donna Norris with National Sign, and said their opening is scheduled for March but may be as soon as February.

A discussion was held regarding the time factor being the applicant’s hardship and the proposed completion date of the new ordinance.  Ms. Holmes advised that the anticipated completion date is January but based on the Chamber meeting held, it may be a little longer.

Mr. Christiansen called for a motion.

Mr. Stephenson made a motion to approve ZBA10-30 (Crowder Funeral Home) with the condition that the sign meets the standards of the Texas Department of Transportation.

Ms. Kosty seconded the motion.

The motion passed unanimously with a vote of 4-0-0.

 

XI.               Other Business

A.   Consider and take action on amending the Policies and Procedures for the Zoning Board of Adjustments to include rules and procedures for hearings before the Building and Standards Commission.

Ms. Beasley made a motion to approve the amended Policies and Procedures for the Zoning Board of Adjustments as presented.

Mr. Stephenson seconded the motion.

No discussion was held.

The motion passed unanimously with a vote of 4-0-0.

 

B.   Consider and take action on the Zoning Board of Adjustments Meeting Dates for 2011.

Mr. Christiansen made a motion to approve the Zoning Board of Adjustments Meeting Dates for 2011.

Mr. Stephenson seconded the motion.

The motion passed unanimously with a vote of 4-0-0.

 

XII.             Executive (CLOSED) Session

             A.  Consult with attorney, to receive legal advice only in relation to legal issues and questions associated with ZBA10-16 (Wings N More Pole Sign), pursuant to Section 551.071 of the Texas Government Code. (No Action will be taken.)

B.  Consult with attorney, to receive legal advice only in relation to legal issues and questions associated with ZBA10-29 (628 Highway 3 South), pursuant to Section 551.071 of the Texas Government Code. (No Action will be taken.)

The Board entered into executive session at 7:00 p.m. and reconvened in open session at 7:21 p.m.

Mr. Christiansen noted that there was no final action, decision or vote with regard to any matter considered in the executive session just concluded.

 

XIII.          Items Tabled and Subject to Recall

            A.   Consider and take action on ZBA10-16 (Wings N More Pole Sign), a variance request for an additional sign and/or sign area pursuant to Sections 90-6, 90-110(b)(3) and 90-110(c)(2) of the Sign Ordinance defining (i) the requirements for businesses within eight hundred (800) feet for the centerline of an interstate highway and/or (ii) the requirements for signs located at an integrated business development. (Note, an executive session to consult with attorney may be conducted prior to discussion of this item – See VIII below).

Mr. Christiansen called for a motion to recall item VIII-A.

Mr. Stephenson made a motion to recall item VIII-A.

Ms. Kosty seconded the motion.

The motion passed unanimously with a vote of 4-0-0.

Mr. Arevalo restated the staff report for this item.

Mr. Christiansen called for the applicant.

Gary Grote, attorney representing the applicant, and Gary Hurst with Sign Systems Inc. came forward.

Mr. Grote reiterated his position and explained that he believes his request falls within the ordinance and that a hardship exists as their situation is unique due to issues with the location of the business.  A discussion followed regarding those issues.

Mr. Christiansen called for a motion.

Mr. Stephenson made a motion to deny ZBA10-16 (Wings N More Pole Sign).

Ms. Beasley seconded the motion.

A discussion was held.

The motion to deny passed unanimously with a vote of 4-0-0.

Ms. Kosty excused herself from the meeting at 7:55 p.m.

The Board recessed from 7:56 p.m. to 8:00 p.m.

 

 

 

 

 

 

XIV.           Public Hearings and Action Items from Public Hearings, continued

A.  Hold a public hearing and take action on ZBA10-29 (628 Highway 3 South), to determine whether four (4) buildings or structures are a dangerous building, and issue any order(s) determined necessary to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property legally described as a portion of Lot 3 (3-6) and (3-7), Block G of the Clear Creek Subdivision, a subdivision in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 119, Page 70 of the Map Records of Galveston County. The building official has found the subject property to be in violation of the subject Ordinance. A copy of the inspection report listing the specific conditions alleging the structure(s) to be in violation of the subject Ordinance is on file with the City Secretary for public inspection. (Note, an executive session to consult with attorney may be conducted prior to discussion of this item – See VIII below).

OWNERS/LIENHOLDERS

TWT Mortgage Group, LLC., P.O. Box 920777, Houston, Texas 77292.

 

Aldente, LLC., 901 Main St., Suite 5500, Dallas, Texas 75202-3767

                              And 17837 1st Ave. South, PMB 310, Normandy Park, Washington 98148

 

Mr. Arevalo provided a history of the property and described in detail the dilapidated condition of the property. 

Ms. Beasley questioned Mr. Arevalo about the property referencing each of the thirteen conditions of the dangerous building standards within the Order.   Mr. Arevalo affirmed each had been violated.

Mr. Weathered asked Mr. Arevalo a series of questions regarding Mr. Arevalo’s testimony.

He asked if Mr. Arevalo’s testimony applied to all four structures and if all four structures exhibited the thirteen characteristics noted.  Mr. Arevalo stated all of the buildings exhibited the thirteen characteristics noted.

He asked if it is Mr. Arevalo’s testimony that there is a violation of Subsection 4.  Mr. Arevalo responded, “Yes, Sir.”

He asked Mr. Arevalo if the City provided notices as required by the City Code and if the City conducted a real property search, a search of City records and of the Appraisal District records.  Mr. Arevalo responded affirmatively to all.

Mr. Weathered asked if a response from the owner was received.  Mr. Arevalo responded, “Yes, Sir.”

He asked if it was in the name of an attorney.  Mr. Arevalo responded, “the attorney for the bank who now basically owns the property.”

Mr. Weathered asked “Which would be a representative of TWT?”  Mr. Arevalo responded, “Yes, Sir.”

Mr. Weathered asked Mr. Arevalo to elaborate on the conversation he had with the attorney. 

 

Mr. Arevalo explained the conversation was basically in reference to the condition of the building.  He said he described to the attorney what he saw at the property as he gathered the attorney was not here locally.  He said the attorney informed him of the situation with the bank owning the property.  They discussed the previous owner of the property, Jeff Young, who had been in contact with the attorney as well.  He said Mr. Young had attempted to correct the problems with the property but, he explained, there is not much to fix because the property is so far gone.  He said he told the attorney that he assumed he or a representative of the bank would be at the hearing but the attorney advised that after the conversation he said he did not feel he wanted to contest it.  Mr. Arevalo said he asked the attorney to do the City a favor by implementing demolition proceedings.

 

Mr. Weathered further asked if during the conversation he discussed the potential of repair or the City’s position that the property needed to be demolished.  Mr. Arevalo responded, “Yes, Sir,” and said when they discussed demolition, he said, “the attorney agreed it was the only option.”

 

Mr. Weathered asked if Mr. Arevalo reminded the attorney of the hearing.  Mr. Arevalo said he definitely reminded the attorney who said that given the situation, he did not believe he would be at the hearing as it would not be worth the time and the expense on their end to contest it.

 

He asked if notice of the hearing was posted in the newspaper and at the site of the structure.  Mr. Arevalo responded affirmatively.

 

Mr. Weathered asked Mr. Arevalo if he had any correspondence with anyone in response to the notice.  Mr. Arevalo stated the attorney was the only one he corresponded with after the inspection.  He said, “the inspection was conducted through the benefit of Jeff Young, who opened up the property for the inspection.”  He added that, “Mr. Young is no longer an owner of the property.”

 

Mr. Weathered asked if it is Mr. Arevalo’s testimony that the property cannot be feasibly repaired.  Mr. Arevalo responded that in his opinion it cannot.

 

He asked how long Mr. Arevalo thought it would take to demolish the property.  Mr. Arevalo estimated a timeframe of two weeks but said a situation of hazardous material could stall the process.

 

Mr. Weathered asked if it is Mr. Arevalo’s testimony that the property constitutes an immediate fire hazard. Mr. Arevalo responded, “Yes, Sir.”

 

He asked if it is Mr. Arevalo’s testimony that there may also be criminal activity.  Mr. Arevalo answered that it is a concern of the Police Department and that of the Fire Marshal as well.

 

With no further questions, Mr. Christiansen opened the public portion of the hearing for anyone who is not an owner or lien holder and not directly interested in the property.

 

No one from the public was present to speak on this item.

 

Mr. Christiansen opened the public portion of the hearing for anyone who is an owner, lien holder, or anyone with direct interest in the property.

 

No one was present with direct interest in the property.

Section III – FINDINGS

 

Ms. Beasley made a motion that pursuant to the Building Official’s testimony all thirteen items (starting on page 3 of the Order and ending on page 4) are conditions that have been met.

 

Mr. Christiansen seconded the motion.

 

The motion passed unanimously with a vote of 4-0-0.

 

Section IV – ORDERS

 

Ms. Beasley made a motion identifying the items in this section as follows:  No. 1 shall be marked in the affirmative; No. 2 shall be marked in the affirmative with a date of “immediately” marked in the blank, to secure the building.   No. 3 shall be marked in the affirmative with a date of “immediately” marked to remove all persons. No. 4 shall be marked in the affirmative.  No. 5 shall be marked with a date of no later than January 03, 2011 marked in the blank, the next line indicating repair is non-applicable and shall be stricken.  The next line indicating demolition shall be marked in the affirmative.  Items 6-11 of section IV are non-applicable.

 

Section V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

 

Ms. Beasley motioned that Item No. 1 shall be marked non-applicable since there is no Prior Order.  No 2 shall be marked in the affirmative.

 

Section VI – COMPLIANCE

 

Ms. Beasley motioned that page 7 of this shall be marked a Final Order.

Mr. Stephenson seconded Ms. Beasley’s motion on items IV, V, and VI.

The motions passed unanimously with a vote of 3-0-0.

 

XV.             Adjournment

Ms. Beasley motioned to adjourn the meeting.

Mr. Stephenson seconded the motion.

 

Mr. Christiansen adjourned the meeting at 8:42 p.m.

 

 

 

 

 

 

___________________________________              ______________________________

Mark Linenschmidt                                                    James Christiansen,

Senior Planner                                                                       Chair, Zoning Board of Adjustment                         

Date minutes approved: ___________________