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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

March 3, 2011

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

II.                Approval of Minutes

A.     January 6, 2011

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 ZBA11-08 (Lieb), a variance request to the requirement (Section 125-120.A.) that accessory structures may not be constructed without an existing primary structure [replacing an existing accessory structure], on approximately 1.7 acres zoned “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet), legally described as Reserves B and C of the Louisiana Plantation Acres Subdivision, generally located south of Webster Street and east of Louisiana Avenue, with the approximate address being 820 Louisiana Avenue.

B.     Hold a public hearing and take action on ZBA11-02 (1810 Cove Park), to determine whether a building or structure is 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 Lot 3 of the Owen A. Smith Unrecorded Subdivision in the J.G. Rost Survey, Abstract 18, in League City, Galveston County, Texas.

OWNERS/LIENHOLDERS

Sushima Rani Bhateley, 1909 Spies Springs Court, Arlington, Texas, 77006

Gary W. Ash and Sushima Rani Bhateley, 1810 Cove Park Drive, Kemah, Texas 77565-2142

Gary W. Ash, 1420 Marina Bay Drive, Apt. #1104, Kemah, Texas 77565

                And 3133 Clearsky Court, League City, Texas 77573

Bank of America, N.A., Nations Bank of Texas, N.A., Assignee, Attn: PRLAP, Inc, Trustee, 901 Main Street, Dallas, Texas 75202

Nations Bank of Texas, 1211 Gemini, Houston, Texas 77058

Wells Fargo Home Mortgage, Inc., 3601 Minnesota Drive, #200 MAC X4701-022, Bloomington, Minnesota 55435

Southwest Financial Services, Inc., Beneficiary, 16850 Diana Lane, Suite 103, Houston, Texas 77058

Thomas E. Black, Jr., Trustee, 132 West Main Street, Lewisville, Texas 75057

                                      And 2905 Corporate Circle, Flower Mound, Texas 75028 (per State                 

                                                  Bar of  Texas)

Clark, Burnett, Love & Lee, G.P., Attn: Riley L. Burnett, Jr., 440 Louisiana, Suite 1600, Houston, Texas 77002

Judith E. Blanchard, Attorney at Law, 1331 Gemini, Suite 240, Houston, Texas 77058

Commiato Remodeling Service, Attn: Larry Commiato, 4501 32nd Street, Dickinson, Texas 77539

 

 

 

 

 

 

Page 2 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

March 3, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

C.     Hold a public hearing and take action on ZBA11-04 (820 Palomino), to determine whether a building or structure is 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 Tract 41, containing 1.35 acres, more or less, located in and being out of the John Dickinson League Survey, Abstract No. 9, Galveston County, Texas and being out of a 3.35 acre tract being more particularly described by metes and bounds in deed recorded under Galveston County Clerk’s File No. 8109742, save and except a 2.0 acres out of the 3.35 acre tract being more particularly described by metes and bounds in deed recorded under Galveston County Clerk’s File No. 862221, a subdivision in League City, Galveston County, Texas.

OWNERS/LIENHOLDERS

Melissa Fox Robberts, 2893 FM 1094 Rd., Sealy, Texas 77474-4363

Eric Fox, 840 Palomino Street, League City, Texas 77573

Barlow Jones & Brust, Attn: Joe Dee Barlow, Trustee, 17225 El Camino Real, Suite 400, Houston, Texas 77058-2768

Gregory G. Bess, Attorney at Law, 17000 El Camino Real, Suite 104A, Houston, Texas 77058

 

D.     Hold a public hearing and take action on ZBA11-05 (903 Florida Avenue), to determine whether a building or structure is 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 Lots 11 and 12, Block 53 of the Dickinson Townsite Subdivision, a subdivision in League City, Galveston County, Texas.

OWNERS/LIENHOLDERS

Olshan Lumber Co., 2600 Canal, Houston, Texas 77003

Olshan Enterprises, 2600 Canal, Houston, Texas 77003

Olshan Enterprises, Inc. (Sucessor in interest to Olshan House Moving Company), Olshan Profit Sharing Plan &Trust, Attn: R. Ledermann, Executive Vice President & Trustee, 2600 Canal, Houston, Texas 77003

Laura D. Belle, 903 Florida Avenue, League City, Texas 77573-8301

Laura D. Belle, c/o M. Marvin Katz, Trustee, Mayer Brown LLP, 700 Louisiana Street, Suite 3400, Houston, Texas 77002-2730

J.W. Peoples, 903 Florida Avenue, League City, Texas 77573-8301

 

E.     Hold a public hearing and take action on ZBA11-06 (Riviera Wall), to determine whether a building or structure is 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 Promenade Easement (Wall), of Riviera Subdivision, a subdivision in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 285, of the map records of Galveston County, Texas.

OWNERS/LIENHOLDERS

Palladio, Inc., 3027 Marina Bay Drive, Suite 110, League City, Texas 77573

Palladio, Inc., Attn: Christian Vandaele, President, 3027 Marina Bay Drive, Suite 110, League City, Texas 77573

Page 3 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

March 3, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

South Shore Harbor/Commercial Maintenance Association, 17049 El Camino Real, Suite 100, Houston, Texas 77058

South Shore Harbour Development, Ltd., Attn: General Manager, 3025 FM 2094, League City, Texas 77573

ANREM Corporation, a General Partner of South Shore Harbour Development, Ltd., Attn: Michael W. McCroskey, President, 3025 FM 2094, League City, Texas 77573

American National Insurance Company, Attn: Michael W. McCroskey, Executive Vice President, 3025 FM 2094, League City, Texas 77573

Robert C. Walker, Esq., Baker, Brown, Sharman & Parker, 3600 Citicorp Center, 1200 Smith Street, Houston, Texas 77002

Robert C. Walker, Esq., Campbell & Riggs PC, 1980 Post Oak Blvd., Suite 2300, Houston, Texas 77056

Greer, Herz, & Adams, LLP, Attn: Debra G. James, One Moody Plaza, 18th Floor, Galveston, Texas 77550

             And 2525 South Shore Blvd., Suite 203, League City, Texas 77573

Riviera Owners’ Association, Inc., Bay Area Property Management, P.O. Box 58325, Houston, Texas 77258

Bay Area Property Management, Inc., 1120 NASA Pkwy, Suite 205, Houston, Texas 77058

 

F.      Hold a public hearing and take action on ZBA11-07 (311 Perkins Avenue), to determine whether a building or structure is 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 Lots 1 and 2, Block 1, of the Merchant’s Addition Subdivision, a subdivision in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 238, Page 12 in the Office of the County Clerk of Galveston County, Texas.

OWNERS/LIENHOLDERS

Brent A. Lovett, 311 Perkins Avenue, League City, Texas 77573-2151

James A. and Beverly M. Lovett, P.O. Box 686, Port O’Connor, Texas 77982

Lisa G. Tolman, Trustee, 322 East Main Street, Suite 108, League City, Texas 77573

Sears, Roebuck & Co., 45 Congress Street, Salem, MA 01970

Sears, Roebuck & Co., c/o Jay Taylor, Jay A. Taylor, P.C., 3311 Richmond Avenue, Suite 307, Houston, Texas 77098

 

V.                 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 28TH DAY OF FEBRUARY, 2011 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.

 


Page 4 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

March 3, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

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 March 03, 2011 at 6:00 P.M.

City Council Chambers

200 WEST WALKER

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

I.       Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:05 p.m.

 

Members present:                                                 *Members absent:

James R. Christiansen, Chair                                            

Amy Beasley                                                                     

Richard Stephenson                                                         

Melvin Bogus

Elaine Kosty

*Janet Alleman                                                     

*Vaness Hamilton

 

*Ms. Hamilton arrived at 6:23 p.m.

*Ms. Alleman arrived at 6:31 p.m.

 

 

City Representatives:

Tony Allender, Director of Planning and Research

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

R.J. Davidson, Building Inspector

Susan Wologo, Recording Secretary

Steven Weathered, City Attorney

 

 

II.    Approval of Minutes

 

 

A.     January 06, 2011

 

 

Mr. Bogus made a motion to approve the minutes of January 06, 2011 with one noted correction to the minutes.

 

Ms. Beasley seconded the motion.

 

The motion passed unanimously with a vote of 5-0-0.

 

III. 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. 

 

 

 

IV. Public Hearings and Action Items from Public Hearings

 

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-08 (Lieb), a variance request to the requirement (Section 125-120.A.) that accessory structures may not be constructed without an existing primary structure [replacing an existing accessory structure], on approximately 1.7 acres zoned “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet), legally described as Reserves B and C of the Louisiana Plantation Acres Subdivision, generally located south of Webster Street and east of Louisiana Avenue, with the approximate address being 820 Louisiana Avenue.

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

A demolition permit must be issued for the existing structure at the same time the building permit for the proposed structure is issued.

The proposed building shall be for storage only.

The Owner must contact the Building Department no more than 14 days after the date of the final inspection, for an inspection verifying that the existing structure was removed from the property and all demolition requirements have been met.

Mr. Christiansen opened the public portion of the hearing at 6:17 p.m.

David Lieb, property owner, came forwarded and reiterated his request and gave a brief history of the property.  He also presented two additional letters of support to the Commission. 

Mr. Christiansen asked if there was anyone present from the public wishing to speak on this item.  With no one from the public present to speak on this item, Mr. Christiansen closed the public portion of the hearing at 6:23 p.m. and called for a motion.

Mr. Bogus made a motion to approve ZBA11-08 (Lieb) with the four conditions recommended by staff.

Ms. Kosty seconded the motion.

No discussion was held.

The motion passed unanimously with a vote of 5-0-0.

B.     Hold a public hearing and take action on ZBA11-02 (1810 Cove Park), to determine whether a building or structure is 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 Lot 3 of the Owen A. Smith Unrecorded Subdivision in the J.G. Rost Survey, Abstract 18, in League City, Galveston County, Texas.

OWNERS/LIENHOLDERS

Sushima Rani Bhateley, 1909 Spies Springs Court, Arlington, Texas, 77006

Gary W. Ash and Sushima Rani Bhateley, 1810 Cove Park Drive, Kemah, Texas 77565-2142

Gary W. Ash, 1420 Marina Bay Drive, Apt. #1104, Kemah, Texas 77565

                And 3133 Clearsky Court, League City, Texas 77573

Bank of America, N.A., Nations Bank of Texas, N.A., Assignee, Attn: PRLAP, Inc, Trustee, 901 Main Street, Dallas, Texas 75202

Nations Bank of Texas, 1211 Gemini, Houston, Texas 77058

Wells Fargo Home Mortgage, Inc., 3601 Minnesota Drive, #200 MAC X4701-022, Bloomington, Minnesota 55435

Southwest Financial Services, Inc., Beneficiary, 16850 Diana Lane, Suite 103, Houston, Texas 77058

Thomas E. Black, Jr., Trustee, 132 West Main Street, Lewisville, Texas 75057

                                            And 2905 Corporate Circle, Flower Mound, Texas 75028 (per State                

                                                  Bar of  Texas)

Clark, Burnett, Love & Lee, G.P., Attn: Riley L. Burnett, Jr., 440 Louisiana, Suite 1600, Houston, Texas 77002

Judith E. Blanchard, Attorney at Law, 1331 Gemini, Suite 240, Houston, Texas 77058

Commiato Remodeling Service, Attn: Larry Commiato, 4501 32nd Street, Dickinson, Texas 77539

 

Mr. Christiansen read aloud the General Procedures and Instructions to Participants for all Dangerous Building Hearings.

Oscar Arevalo, Building Official, came forward and restated the staff report. 

R.J. Davidson, Inspector with the City, came forward and gave a history of the property and presented photos of the property in its dilapidated condition.

Mr. Christiansen opened the public portion of the hearing at 6:34 p.m. and asked if anyone was present who is not an owner or lien holder and not directly interested in the property.   No one from the public came forward.

Mr. Christiansen asked if the landowner or anyone with direct interest in the property was present.  Ms. Sushima Bhateley, Owner of the property, came forward and gave a timeline and explanation for the condition of the property.  She explained that she was in agreement that the structure needed to come down but had been waiting for notice of eligibility from a housing grant program.

Mr. Christiansen opened the floor for questioning by the City Attorney.  

Mr. Weathered asked Mr. Arevalo “In light of the testimony that you’ve just heard; what is staff’s recommendation for proceeding in this matter?”  Mr. Arevalo responded “Staff’s recommendation is demolition”.

Mr. Weathered asked Mr. Arevalo “What is the position of staff in setting a compliance hearing within thirty days to allow the owner to demolish.”  Mr. Arevalo responded staff is in favor of allowing the thirty days.

Mr. Weathered asked if when notice was sent to the owners and lien holders it was sent as reflected in the County records, the appraisal district records and the City records.  Mr. Arevalo responded “yes, sir”.

Mr. Weathered asked if notice was posted on the structure itself and in the newspaper.  Mr. Arevalo responded “that’s correct.”

Mr. Weathered asked if it was of Mr. Arevalo’s opinion that the building has been more than substantially damaged, meaning more than fifty percent.   Mr. Arevalo responded “that’s correct”.

Mr. Weathered asked if it was of Mr. Arevalo’s opinion that the building could not be rebuilt and the only satisfactory way of alleviating the dangerous condition is demolition.  Mr. Arevalo responded affirmatively.

A discussion was held regarding the property lien holders.  Mr. Weathered asked Ms. Bhateley if she was the sole owner of the property.  Ms. Bhateley responded “yes, sir”.

Mr. Christiansen asked again if there was anyone present with a direct interest in the property who would like to be heard.  No one came forward.

The Commission reviewed and discussed the Form Order contained in the Commissioner’s packets.

Section I –       STRUCTURES/LOCATION

1810 Cove Park, League City, Texas  77573

Section II – OWNER(S)/LIENHOLDER

Owner(s):         Sushima Rani Bhateley

 

Lien holders/Mortgagee(s):      Bank of America, N.A

                                                            Nations Bank of Texas

                                                            Wells Fargo Home Mortgage, Inc.

Southwest Financial Services, Inc.

 

Appearance for City:  Oscar Arevalo, Building Official

                                  R.J. Davidson, Inspector

 

Appearances for Owners/Lien holders:  None

 

Appearances for Owner/Parties in Interest:  None

 

Section III – FINDINGS

The order will reflect pursuant to the findings of the Commission that there are violations of numbers 1-13.

Section IV – ORDERS

1. Affirmative Finding.

2.  N/A

3. Affirmative Finding:  No later than April 04, 2011 removal of all persons or property in reference to the Building.

4. Affirmative Finding:  That the Building shall be posted on or near the front door as a dangerous building with the “DO NOT ENTER” notice in accordance with and contained in Section 22-342 of the City of League City Code of Ordinance:    

5. Affirmative Finding:  No later than April 04, 2011 complete the demolition of the building as determined above.

6.  N/A

7.  N/A

8.  N/A

9.  (Compliance Hearing) Appear at the ___April 07, 2011__Meeting of the Commission to present a status report on the case.  Owner shall provide city staff a status report at least 3 business days prior to this meeting.

10. N/A

11. N/A

Section V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

 

1.  N/A

2. Affirmative Finding:  The Owner has demonstrated an inability to complete the repair/demolition of the Building and failed to make extremely needed urgent repairs.  The Building is inhabitable and unsafe.  Repairs are not feasible and the conduct of the Owner demonstrates that the subject repairs cannot and would not be completed in a timely manner to avoid further danger to the City and others concerned:

SECTION VI - COMPLIANCE: 

Compliance Order

With no further discussion, Mr. Christiansen called for a motion.

Ms. Beasley made a motion to accept the compliance orders as discussed.

Ms. Kosty seconded the motion.

 

No discussion was held.

 

The motion passed unanimously with a vote of 5-0-0.

The Board recessed from 6:51 p.m. until 7:01 p.m.

 

Page 2 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

March 3, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

C.     Hold a public hearing and take action on ZBA11-04 (820 Palomino), to determine whether a building or structure is 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 Tract 41, containing 1.35 acres, more or less, located in and being out of the John Dickinson League Survey, Abstract No. 9, Galveston County, Texas and being out of a 3.35 acre tract being more particularly described by metes and bounds in deed recorded under Galveston County Clerk’s File No. 8109742, save and except a 2.0 acres out of the 3.35 acre tract being more particularly described by metes and bounds in deed recorded under Galveston County Clerk’s File No. 862221, a subdivision in League City, Galveston County, Texas.

OWNERS/LIENHOLDERS

Melissa Fox Robberts, 2893 FM 1094 Rd., Sealy, Texas 77474-4363

Eric Fox, 840 Palomino Street, League City, Texas 77573

Barlow Jones & Brust, Attn: Joe Dee Barlow, Trustee, 17225 El Camino Real, Suite 400, Houston, Texas 77058-2768

Gregory G. Bess, Attorney at Law, 17000 El Camino Real, Suite 104A, Houston, Texas 77058

 

Mr. Arevalo restated the staff report for this item.

R.J. Davidson, Inspector with the City, came forward and gave a history of the property and presented photos of the property in its dilapidated condition.

Mr. Christiansen asked if anyone was present who is not an owner or lien holder and not directly interested in the property.   No one from the public came forward.

Mr. Christiansen asked if anyone with direct interest in the property was present.  No one from the public came forward.

Mr. Christiansen opened the floor for questioning by the City Attorney.  

Mr. Weathered asked Mr. Davidson if he was offering the PowerPoint presentation, the inspection report and the staff report as evidence.  Mr. Davidson responded “yes, sir.” 

Mr. Weathered asked if the staff report includes staff’s account that there is a violation of Section 22-334 (1-9, 11-12). Mr. Davidson responded “yes, sir.”  Mr. Weathered asked for clarification “not all 13, just those specific violations?”  Mr. Davidson responded “yes, sir.”

Mr. Weathered asked if notice was sent pursuant to the research in the County records, the appraisal district records and the City records to every owner and lien holder by name and address.  Mr. Davidson responded “yes, sir.” 

Mr. Weathered asked if notice was published in the newspaper and if the property was physically posted.  Mr. Davidson responded “yes, sir.”

Mr. Weathered asked if it was Mr. Davidson’s opinion that the building cannot be repaired.  Mr. Davidson responded “absolutely, sir.”   Mr. Weathered asked “and that’s based upon what you stated one-hundred percent destruction?”   Mr. Davidson responded “yes, sir.”

Mr. Weathered asked if Mr. Davidson received, as a result of his notification, a contact from Ms. Robbert’s ex-husband.  Mr. Davidson responded “yes, sir.” 

Mr. Weathered asked “you never received any notification from Ms. Robberts although (Mr. Robberts) stated he would contact her, is that correct?”  Mr. Davidson responded “yes, sir.  He said he would do his best to get in touch with her and let her know the situation.”

Mr. Weathered asked how long the conditions displayed in Mr. Davidson’s presentation existed.  Mr. Davidson responded according Code Enforcement and Building Department files at least two years that they are aware of.  He said he believed overgrown landscaping in front of the property was initially how Code Enforcement became involved and upon further investigation they found the house.

Mr. Weathered asked if the structure is capable of being secured.  Mr. Davidson responded “yes, sir.  In its nature of where it is, it is secured; it is bound by fence on all four sides.”

Mr. Christiansen asked if the building owner was present.  No one came forward.

Mr. Christiansen asked again if there was anyone present with a direct interest in the property who would like to be heard.  No one came forward.

The Commission reviewed and discussed the Form Order contained in the Commissioner’s packets.

Section I –       STRUCTURES/LOCATION

820 Palomino Ln., League City, Texas  77573

Section II – OWNER(S)/LIENHOLDER

Owner(s):         Eric Fox and Wife, Melissa A. Fox (Robberts)

 

Lien holders/Mortgagee(s):   There are no lien holders/Mortgagees

 

Appearance for City:  Oscar Arevalo, Building Official

                                  R.J. Davidson, Inspector

 

Appearances for Owners/Lien holders:  None

 

Appearances for Owner/Parties in Interest:  None

 

Section III – FINDINGS

The order will reflect pursuant to the findings of the Commission that there are violations of numbers 1-9 and 11-12.

Section IV – ORDERS

1. N/A

2.  N/A

3. Affirmative Finding:  No later than April 04, 2011 removal of all persons or property in reference to the Building.

4. Affirmative Finding:  That the Building shall be posted on or near the front door as a dangerous building with the “DO NOT ENTER” notice in accordance with and contained in Section 22-342 of the City of League City Code of Ordinance:    

5. Affirmative Finding:  No later than April 04, 2011 complete the demolition of the building as determined above.

6.  N/A

7.  N/A

8.  N/A

9.  N/A

10. N/A

11. N/A

Section V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

 

1.  N/A

2. Affirmative Finding:  The Owner has demonstrated an inability to complete the repair/demolition of the Building and failed to make extremely needed urgent repairs.  The Building is inhabitable and unsafe.  Repairs are not feasible and the conduct of the Owner demonstrates that the subject repairs cannot and would not be completed in a timely manner to avoid further danger to the City and others concerned:

SECTION VI - COMPLIANCE: 

Final Order

With no further discussion, Mr. Christiansen called for a motion.

Mr. Bogus made a motion to accept the orders as discussed.

Ms. Kosty seconded the motion.

 

No discussion was held.

 

The motion passed unanimously with a vote of 5-0-0.

 

D.     Hold a public hearing and take action on ZBA11-05 (903 Florida Avenue), to determine whether a building or structure is 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 Lots 11 and 12, Block 53 of the Dickinson Townsite Subdivision, a subdivision in League City, Galveston County, Texas.

OWNERS/LIENHOLDERS

Olshan Lumber Co., 2600 Canal, Houston, Texas 77003

Olshan Enterprises, 2600 Canal, Houston, Texas 77003

Olshan Enterprises, Inc. (Sucessor in interest to Olshan House Moving Company), Olshan Profit Sharing Plan &Trust, Attn: R. Ledermann, Executive Vice President & Trustee, 2600 Canal, Houston, Texas 77003

Laura D. Belle, 903 Florida Avenue, League City, Texas 77573-8301

Laura D. Belle, c/o M. Marvin Katz, Trustee, Mayer Brown LLP, 700 Louisiana Street, Suite 3400, Houston, Texas 77002-2730

J.W. Peoples, 903 Florida Avenue, League City, Texas 77573-8301

 

Mr. Arevalo restated the staff report for this item and explained that the building had suffered damage due to a fire and upon inspection the building was determined to be a dangerous building.

R.J. Davidson, Inspector with the City, came forward and gave a history of the property and presented photos of the property in its dilapidated condition.

Mr. Christiansen asked if anyone was present who wished to speak who is not an owner or lien holder and not directly interested in the property.   No one from the public came forward.

Mr. Christiansen asked if anyone with direct interest in the property was present.  No one from the public came forward.

Mr. Christiansen opened the floor for questioning by the City Attorney.  

Mr. Weathered asked if notice was sent pursuant to the City code which includes posting the property, posting a publication in the newspaper and filed in the County records.  Mr. Davidson responded “yes, sir.” 

Mr. Weathered asked Mr. Davidson to elaborate on the condition of the building as well as staff’s opinion on whether or not the building can be repaired or if it is a situation that requires demolition.

Mr. Davidson responded “staff’s recommendation is going to be demolition.”  He explained that although there has not been further investigation into the interior of the house he was able to see from the outside structure that some of the main key points of stress had been weakened.  Mr. Weathered asked if the house was built on a slab or if it was pier and beam.  Mr. Davidson clarified it was pier and beam.

Mr. Weathered asked if it was Mr. Davidson’s testimony that the structure suffered more than fifty percent damage.  Mr. Davidson responded “yes, sir.”

Mr. Weathered asked “is the building unsecured?”  Mr. Davidson responded “yes, sir; it is.”

Mr. Weathered asked if there were any signs the building had been occupied at the time the notice was posted.  Mr. Davidson responded “no, sir.”

Mr. Weathered stated he noticed from the photos that the plywood was down and asked if it fell down or if had been taken down by someone to gain access into the building.  Mr. Davidson responded that it would not have had to be taken down to gain access as the building is accessible through the front door, the back door and through several broken windows.  Mr. Weathered asked “so it’s completely open?”   Mr. Davidson responded “yes, sir.”

Mr. Weathered asked if in Mr. Davidson’s opinion it constitutes a danger to children being able to enter.  Mr. Davidson responded “yes, sir; one hundred percent.”

Mr. Weathered asked Mr. Davidson if there was a nuisance situation over and above the dangerous structure as photos reflect debris within the surrounding area.  Mr. Davidson responded affirmatively.

Mr. Weathered asked Mr. Davidson if he had knowledge of from the City records when the utilities had been disconnected.  Mr. Davidson responded that Oscar Arevalo oversees the removal of utilities.

Mr. Weathered asked Mr. Davidson if he was offering the PowerPoint presentation, the inspection report and the staff report as evidence.  Mr. Davidson responded “yes, sir.”  Mr. Weathered asked if Mr. Davidson had any other evidence he wished to submit to the Commission.  Mr. Davidson responded “no, sir.”

Mr. Christiansen asked again if there was anyone present with a direct interest in the property who would like to be heard.  No one came forward.

The Commission reviewed and discussed the Form Order contained in the Commissioner’s packets.

Section I –       STRUCTURES/LOCATION

903 Florida Ave., League City, Texas  77573

Section II – OWNER(S)/LIENHOLDER

Owner(s):         Olshan House Moving Company; and Laura D. Belle 

                        J.W. Peoples

Lien holders/Mortgagee(s):   There are no lien holders/Mortgagees

 

Appearance for City:  Oscar Arevalo, Building Official

                                  R.J. Davidson, Inspector

 

Appearances for Owners/Lien holders:  None

 

Appearances for Owner/Parties in Interest:  None

 

Section III – FINDINGS

The order will reflect pursuant to the findings of the Commission that there are violations of numbers 1-9 and 11-12.

Section IV – ORDERS

1. Affirmative Finding.

2. Affirmative Finding:  No later than immediately secure the building and property from unlawful entry and to constantly monitor the structure to ensure that it is kept secured.

3. Affirmative Finding:  No later than immediately removal of all persons or property in reference to the Building.

4. Affirmative Finding:  That the Building shall be posted on or near the front door as a dangerous building with the “DO NOT ENTER” notice in accordance with and contained in Section 22-342 of the City of League City Code of Ordinance:    

5. Affirmative Finding:  No later than April 04, 2011 complete the demolition of the building as determined above.

6.  N/A

7.  No later than April 04, 2011 eliminate conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents.

8.  N/A

9.  N/A

10. N/A

11. N/A

Section V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

 

1.  N/A

2. Affirmative Finding:  The Owner has demonstrated an inability to complete the repair/demolition of the Building and failed to make extremely needed urgent repairs.  The Building is inhabitable and unsafe.  Repairs are not feasible and the conduct of the Owner demonstrates that the subject repairs cannot and would not be completed in a timely manner to avoid further danger to the City and others concerned:

SECTION VI - COMPLIANCE: 

Final Order

With no further discussion, Mr. Christiansen called for a motion.

Ms. Beasley made a motion to accept the orders as discussed.

Mr. Stephenson seconded the motion.

 

No discussion was held.

 

The motion passed unanimously with a vote of 5-0-0.

E.     Hold a public hearing and take action on ZBA11-06 (Riviera Wall), to determine whether a building or structure is 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 Promenade Easement (Wall), of Riviera Subdivision, a subdivision in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 285, of the map records of Galveston County, Texas.

OWNERS/LIENHOLDERS

Palladio, Inc., 3027 Marina Bay Drive, Suite 110, League City, Texas 77573

Palladio, Inc., Attn: Christian Vandaele, President, 3027 Marina Bay Drive, Suite 110, League City, Texas 77573

Page 3 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

March 3, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

South Shore Harbor/Commercial Maintenance Association, 17049 El Camino Real, Suite 100, Houston, Texas 77058

South Shore Harbour Development, Ltd., Attn: General Manager, 3025 FM 2094, League City, Texas 77573

ANREM Corporation, a General Partner of South Shore Harbour Development, Ltd., Attn: Michael W. McCroskey, President, 3025 FM 2094, League City, Texas 77573

American National Insurance Company, Attn: Michael W. McCroskey, Executive Vice President, 3025 FM 2094, League City, Texas 77573

Robert C. Walker, Esq., Baker, Brown, Sharman & Parker, 3600 Citicorp Center, 1200 Smith Street, Houston, Texas 77002

Robert C. Walker, Esq., Campbell & Riggs PC, 1980 Post Oak Blvd., Suite 2300, Houston, Texas 77056

Greer, Herz, & Adams, LLP, Attn: Debra G. James, One Moody Plaza, 18th Floor, Galveston, Texas 77550

             And 2525 South Shore Blvd., Suite 203, League City, Texas 77573

Riviera Owners’ Association, Inc., Bay Area Property Management, P.O. Box 58325, Houston, Texas 77258

Bay Area Property Management, Inc., 1120 NASA Pkwy, Suite 205, Houston, Texas 77058

 

Mr. Arevalo restated the staff report for this item.

R.J. Davidson, Inspector with the City, came forward and presented photos of the wall and the surrounding property.

Mr. Christiansen asked if anyone was present who wished to speak who is not an owner or lien holder and not directly interested in the property.   No one from the public came forward.

Mr. Christiansen asked if anyone with direct interest in the property was present.   Mark Courtois, attorney representing the Riviera HOA, came forward to discuss ownership responsibility of the wall and the structural issues presented by city staff.  Tyson Cox representing Cox Engineering Service also came forward and gave his view of staff’s issues regarding the wall.

Lynn Clements, homeowner at 1625 Corniche, offered to the Commission a rending of the construction of the wall that she had previously received in an HOA packet.

Ms. Kosty made a motion to enter into executive session for discussion.

Mr. Bogus seconded the motion.

Mr. Weathered noted that Section 551.071 of the Texas Government Code allows for a governmental body to go into executive session to receive legal advice only and does not allow for the discussion of policy issues.

  The Commission entered into executive session at 8:42 p.m. and reconvened in open session at 9:03 p.m.

James Young, attorney representing South Shore Harbour CMA (Commercial Maintenance Association) came forward and presented their position regarding ownership responsibilities of the wall.

  Mr. Christiansen opened the floor for questioning by the City Attorney.  

  Mr. Weathered asked if the documentation Mr. Courtois presented was to be submitted for evidence.  Mr. Courtois responded “yes, sir.”  Mr. Weathered verified that Mr. Young had not submitted documentation for evidence.

Mr. Weathered asked if notice was sent pursuant to the City code which includes notice sent to the named owners and addressees of the deed records, the city records and the appraisal district records, as well as posting a publication in the newspaper, and the wall.  Mr. Arevalo responded “yes, sir.” 

Mr. Weathered asked if it was of Mr. Arevalo’s opinion, after hearing the testimony, that numbers 2 and 3 of the city code had been violated.  Mr. Arevalo responded “yes, sir.”

Mr. Weathered asked Mr. Arevalo if after hearing the testimony he considered the wall to be a danger to the residents and citizens of the City of League City.  Mr. Arevalo responded “yes, sir.”  Mr. Weathered asked what action Mr. Arevalo was requesting.  Mr. Arevalo stated he would like repair to be done to the wall along with an Engineer structural integrity report to make sure it is structurally sound.

Mr. Weathered asked if Mr. Arevalo had received a document with the scope of repairs.  Mr. Arevalo replied he had not.  Mr. Weathered asked if such a document would be valuable for proceeding and evaluating the situation.  Mr. Arevalo responded affirmatively.

Mr. Weathered asked Mr. Arevalo if he was submitting for evidence the copy of his investigative report, the PowerPoint presentation, and letter from the City Engineer.  Mr. Arevalo responded “yes, sir.”

Mr. Weathered asked Mr. Arevalo if it would be valuable to him in proceeding further if he was provided with more information from the parties and their engineers.  Mr. Arevalo responded affirmatively.

Mr. Weathered asked Mr. Arevalo if he was able to make a recommendation on an action regarding the safety of the public before receiving adequate documentation. Mr. Arevalo explained it may be necessary secure access to the area.

Mr. Christiansen asked again if there was anyone present with a direct interest in the property who would like to be heard.  No one came forward.

            The Commission reviewed and discussed the Form Order contained in the Commissioner’s packets.

Section I –       STRUCTURES/LOCATION

Promenade Easement, Riviera Subdivision, League City, Texas  77573

Section II – OWNER(S)/LIENHOLDER

Owner(s):         Palladio Inc., and South Shore Harbour/ Commercial Maintenance Association

Lien holders/Mortgagee(s):   N/A

 

Appearance for City:  Oscar Arevalo, Building Official

                                  R.J. Davidson, Inspector

 

Appearances for Owners/Lien holders:  None

 

Appearances for Owner/Parties in Interest:  James Young, Attorney for CMA

                                                                   Mark Courtois

                                                                   Lynn Clements

                                                                   Tyson Cox, P.E.

Section III – FINDINGS

The order will reflect pursuant to the findings of the Commission that there are violations of numbers 2-3.

Section IV – ORDERS

1. Affirmative Finding:  Allow City staff to enter onto the property where the Building is situated to remove persons or property and make interior as well as exterior inspections of the building immediately and continuously on an as needed basis commensurate with this order.

2. Affirmative Finding:  No later than March 18, 2011 secure the Promenade and adjacent Sidewalk Area from unlawful entry and to constantly monitor the Promenade to ensure that it is kept secured.

3. Affirmative Finding:  No later than TBD make all repairs necessary to the Building (Barrier Wall) for full compliance with all city building code requirements and related ordinances.  Owner shall maintain subject Building after required repairs.

4. Affirmative Finding:  That the Building shall be posted on March 18, 2011 on or near the promenade as a dangerous building with the “DO NOT ENTER” notice in accordance with and contained in Section 22-342 of the City of League City Code of Ordinance.    

5. Affirmative Finding:  No later than TBD complete the repair(s); and/or demolition.

6.  N/A

7.  N/A

8.  N/A

9. Affirmative Finding:  (Compliance Hearing) Appear at the April 07, 2011 meeting of the Commission to present a status report on the case.  Parties shall provide city staff a status report at least 3 business days prior to this meeting.

10. Affirmative Finding:  (Additional Conditions).  1.) Scope and time report 2.)  Existing drawings to City.  To be submitted by April 04, 2011.

11. N/A

Section V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

 

1.  N/A

2.  N/A

SECTION VI - COMPLIANCE: 

Compliance Order

With no further discussion, Mr. Christiansen called for a motion.

Ms. Beasley made a motion to accept the orders as discussed.

Ms. Kosty seconded the motion.

 

No discussion was held.

 

The motion passed unanimously with a vote of 5-0-0. 

F.      Hold a public hearing and take action on ZBA11-07 (311 Perkins Avenue), to determine whether a building or structure is 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 Lots 1 and 2, Block 1, of the Merchant’s Addition Subdivision, a subdivision in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 238, Page 12 in the Office of the County Clerk of Galveston County, Texas.

OWNERS/LIENHOLDERS

Brent A. Lovett, 311 Perkins Avenue, League City, Texas 77573-2151

James A. and Beverly M. Lovett, P.O. Box 686, Port O’Connor, Texas 77982

Lisa G. Tolman, Trustee, 322 East Main Street, Suite 108, League City, Texas 77573

Sears, Roebuck & Co., 45 Congress Street, Salem, MA 01970

Sears, Roebuck & Co., c/o Jay Taylor, Jay A. Taylor, P.C., 3311 Richmond Avenue, Suite 307, Houston, Texas 77098

           

Mr. Arevalo restated the staff report for this item.

Mr. Davidson presented photos of the property.

Mr. Christiansen asked if anyone was present who wished to speak who is not an owner or lien holder and not directly interested in the property.   No one from the public came forward.

Mr. Christiansen asked if anyone with direct interest in the property was present.  Brent Lovett, property owner came forward and shared his position on the status of the property.  Mr. Lovett requested a prioritized list of required corrections.

  Mr. Christiansen opened the floor to the City Attorney.   Mr. Weathered reviewed the orders with the Commission.

Section I –       STRUCTURES/LOCATION

311 Perkins, League City, Texas  77573

Section II – OWNER(S)/LIENHOLDER

Owner(s):         Brent Lovett 

                         

Appearance for City:  Oscar Arevalo, Building Official

                                  R.J. Davidson, Inspector

 

Appearances for Owners/Lien holders:  None

 

Appearances for Owner/Parties in Interest:  None

 

Section III – FINDINGS

The order will reflect pursuant to the findings of the Commission that there are violations of numbers 1-13.

Section IV – ORDERS

1. Affirmative Finding.

2. N/A  

3. N/A

4. N/A

5. Affirmative Finding:  No later than TBD complete the repair(s); and/or demolition.

6.  N/A

7.  N/A

8.  N/A

9. Affirmative Finding:  (Compliance Hearing) Appear at the April 07, 2011 meeting of the Commission to present a status report on the case.  Owner shall provide city staff a status report at least 3 business days prior to this meeting.

10. Affirmative Finding:  (Additional Conditions).  City staff is to provide a written prioritized list of corrections after gaining access to property to inspect.

11. N/A

Section V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

 

1.  N/A

2.  N/A

SECTION VI - COMPLIANCE: 

Compliance Order

With no further discussion, Mr. Christiansen called for a motion.

Ms. Kosty made a motion to accept the orders as discussed with the condition that City staff provide Mr. Lovett with a written prioritized list of corrections.

Mr. Bogus seconded the motion.

 

Mr. Weathered asked for clarification on Articles III and IV of the orders.  He further asked the Commission if staff determines there has been compliance would a compliance statement from staff suffice or would the property owner need to appear for a compliance hearing.  The Commission agreed a compliance statement of staff would suffice.

 

Ms. Kosty amended her motion to accept the orders as discussed including the written prioritized list of corrections and an agreement to accept a compliance statement from staff.

 

The motion passed unanimously with a vote of 5-0-0.

With no further discussion, Mr. Christiansen closed the public portion of the meeting at 10:42 p.m.

V.    Adjournment

 

 

Ms. Kosty made a motion to adjourn the meeting.

 

Ms. Beasley seconded the motion.

 

Mr. Christiansen adjourned the meeting at 10:42 p.m.

 

 

___________________________________              ______________________________

Mark Linenschmidt                                                    James Christiansen,

Senior Planner                                                                       Chair, Zoning Board of Adjustment                         

Date minutes approved: ___________________