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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

April 7, 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.     March 31, 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 proposed amendments to Chapter 125, Code of Ordinances of the City of League City, Texas entitled “Zoning” to revise regulations for the Administration, Applications, and Procedures of the Zoning Board of Adjustments.

B.     Hold a public compliance hearing and possible action on ZBA11-02 (1810 Cove Park), to determine whether Owner/Lienholders have complied with Order issued 03-03-11 for a building or structure determined to be a dangerous building in such Order, and issue any additional order(s), including assessment of penalties, 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 03-03-2011.)

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

April 7, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

C.     Hold a public compliance hearing and possible action on ZBA11-06 (Riviera Wall), to determine whether Owner/Lienholders have complied with Order issued 03-03-11 for a building or structure determined to be a dangerous building, and issue any order(s), including assessment of penalties, 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 03-03-2011)

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

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

 

D.     Hold a public compliance hearing and possible action on ZBA11-07 (311 Perkins Avenue), to determine whether Owner/Lienholders have complied with Order issued 03-03-11 for a building or structure determined to be a dangerous building, and issue any order(s), including assessment of penalties, 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 03-03-2011)


Page 3 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

April 7, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

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

 

E.     Hold a public hearing and take action on ZBA11-01 (310 Waco 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 properties legally described as Lots 7 thru 12, Block 1 of the Merchant’s Addition Subdivision and the southwest portion of Lots 8 and 9, Block 5 of the Galveston County Farms Subdivision, both subdivisions in League City, Galveston County, Texas, according to the map or plat thereof, recorded in Volume 238, Page 12 and transferred to Volume 13, Page 82A in the office of the County Clerk of Galveston County, Texas and Volume 192, Page 274 of the map records of Galveston County, Texas.

OWNERS/LIENHOLDERS

REO Solutions, LLC, a Texas limited liability company, 2260 West Holcombe #281, Houston, Texas 77030

REO Solutions, LLC, Attn: Jesus Terrazas, III, Managing Member, 2260 West Holcombe #281, Houston, Texas 77030

Jennette Perry Hunnicutt, 807 South Post Oak Lane #214, Houston, Texas 77056-2200

Clifford & Jackson, JP Hunnicutt, 807 South Post Oak Lane #214, Houston, Texas 77056-2200

Clifford Andrew Jackson, a/k/a Clifford A. Jackson, 15721 Serendipity Trail, Plantersville, Texas 77363

Clifford Andrew Jackson, J. Perry Hunnicutt, Mary Jennette Hunnicutt, c/o Equity Development, 807 South Post Oak Lane #114, Houston, Texas 77056

League Colony Apartments, 807 South Post Oak Lane, Houston, Texas 77056-2200

Lance Funston, J. Perry Hunnicutt, a/k/a Julian Perry Hunnicutt, c/o Equity Development, 807 South Post Oak Lane, Houston, Texas 77056-2215

Andrew M. Shelton, The Andrew M. Shelton Co., d/b/a Moore Climatic, 2328 Skymaster, Galveston, Texas 77551

Murray Lobb, PLLC, Attn: Cassandra L. A. Guilliams, Trustee, 700 Gemini, Suite 220, Houston, Texas 77058

Kwik Wash Laundries, Inc., Attn: Arthur E. Miller, Vice President, 4240 Bronze Way, P.O. Box 763819, Dallas, Texas 77376-3819

 

V.                 Adjournment


Page 4 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

April 7, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

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 4TH DAY OF APRIL, 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.

 

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

SPECIAL MEETING

THURSDAY April 07, 2011 at 5:00 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 6:08 p.m.

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                       Melvin Bogus

Amy Beasley                                                              Janet Alleman

*Elaine Kosty                                                 

Vaness Hamilton

Richard Stephenson               

 

*Ms. Kosty arrived at 6:18 p.m.

*Mr. Bogus was out of the country.

*Ms. Alleman had a scheduling conflict.

 

City Representatives:

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

R.J. Davidson, Building Inspector

Steve Weathered, City Attorney

Susan Wologo, Recording Secretary

 

II.       Approval of Minutes

 

 

A.  March 31, 2011

 

Ms. Beasley made a motion to approve the minutes of March 31, 2011.

Mr. Stephenson seconded the motion.

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

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

 

F.      Hold a public hearing and take action on proposed amendments to Chapter 125, Code of Ordinances of the City of League City, Texas entitled “Zoning” to revise regulations for the Administration, Applications, and Procedures of the Zoning Board of Adjustments.

Mr. Linenschmidt restated the staff report for this item and presented recommended revisions to Article II of Chapter 125 of the Zoning Ordinance.  He further noted a revision recommended by the City Attorney that included the stricken text regarding notice of appeal in paragraph 2 of Section 125-22.E.  Mr. Linenschmidt clarified to the Board that the stricken text was being replaced by the recommended revisions.

Mr. Christiansen opened the public portion of the hearing at 6:15 p.m. and asked if anyone from the public wished to speak on this item.  No one came forward.

Mr. Christiansen noted that he would keep the public hearing open throughout the public hearing items.

Mr. Christiansen made a motion to accept the recommended changes including the stricken text in paragraph 2.

Ms. Beasley seconded the motion.

No discussion was held.

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

G.    Hold a public compliance hearing and possible action on ZBA11-02 (1810 Cove Park), to determine whether Owner/Lienholders have complied with Order issued 03-03-11 for a building or structure determined to be a dangerous building in such Order, and issue any additional order(s), including assessment of penalties, 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 03-03-2011.)

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. Arevalo, Building Official, came forward and updated the Board on this item and stated that due do some delays with the Contractor the structure has not been completely removed, but should no longer be declared a dangerous building.  He stated that the building should be totally removed within two days then should be treated as a code enforcement issue at that point.  Mr. Arevalo further recommended the case to be closed.

 

Mr. Christiansen asked if there was anyone present from the public who wished to speak on this item.  No one came forward. 

 

Mr. Christiansen called for a motion.

 

Mr. Stephenson made a motion to close item IV-B.

 

Ms. Hamilton seconded the motion.

 

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

 

H.    Hold a public compliance hearing and possible action on ZBA11-06 (Riviera Wall), to determine whether Owner/Lienholders have complied with Order issued 03-03-11 for a building or structure determined to be a dangerous building, and issue any order(s), including assessment of penalties, 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 03-03-2011)

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

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 came forward and updated the Board on this item.

 

Mr. Christiansen opened the floor for public comment.

 

Mr. James Young, Council for the South Shore Harbor Commercial Maintenance Association, came forward with updates regarding the wall and distributed copies of a General Warranty Deed to Board members.  

 

The Board discussed extending the next hearing date an additional thirty days to allow the applicants’ time to make adequate progress before coming back before the Board.

 

Michael Ash was present representing the Rivieria Home Owners Association.  He explained that the drawing offered by the HOA at the last meeting was in fact only a sketch that he had drawn up regarding bulkheads and had nothing to do with the subject wall.

 

John Melcher was present representing the Mariana Village HOA, the community adjacent to the Rivieria.

 

Mr. Christiansen paused to swear in Mr. Melcher as he was not present during the Swearing in of Witnesses.

 

Mr. Melcher explained his affiliation with the wall stating that the Marina Village HOA contributes to the monetary fund that supports the promenade and the wall in question.  He requested that the City stand down in the matter regarding the wall until the situation is resolved legally.

 

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

 

Mr. Weathered asked Mr. Arevalo if he had inspected the wall since the last hearing.  Mr. Arevalo responded “yes, sir.”  Mr. Weathered asked if the condition has changed.  Mr. Arevalo responded that there were no changes other than the security fencing erected by City Staff.

 

Mr. Weathered asked if the property had been posted as a danger and if staff had secured the area to prevent ingress and egress.  Mr. Arevalo responded “yes, sir.”

 

Mr. Weathered asked if Mr. Arevalo had a recommendation.  Mr. Arevalo explained he wants to see a resolution between the parties and agreed to an extended time frame of two months for the applicants to come back before the Board.

 

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.

Mr. Weathered reviewed and discussed with the Board the Form Order contained in the Commissioner’s packets.  A discussion was held regarding extending the hearing sixty days.  A hearing date of June 2, 2011 was proposed.

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.

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

 

I.       Hold a public compliance hearing and possible action on ZBA11-07 (311 Perkins Avenue), to determine whether Owner/Lienholders have complied with Order issued 03-03-11 for a building or structure determined to be a dangerous building, and issue any order(s), including assessment of penalties, 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 03-03-2011)

 

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 came forward and updated the Board on this item and noted items still in need of repair.

 

Mr. Christiansen called the property owner forward.  Mr. Brent Lovett came forward and reported his progress on the machine shop and explained he had not made repairs on the mobile home as he may be replacing it.  He further explained that he ran out of funds for the repairs on the machine shop but if granted additional time he would be able to complete them.

 

A discussion was held regarding a proposed time frame for completion and cost of repairs.  A discussion continued regarding safety standards for mobile homes.

 

Mr. Christiansen asked if there was anyone else present from the public who wished to speak on this item.  No one came forward.

 

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

Ms. Beasley made a motion to accept the orders with the added condition that city staff meet with the property owner to conduct an inspection within five days of the compliance hearing with a tentative date and time of June 1, 2011 at 10:00 a.m.

Ms. Kosty seconded the motion.

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

     

J.      Hold a public hearing and take action on ZBA11-01 (310 Waco 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 properties legally described as Lots 7 thru 12, Block 1 of the Merchant’s Addition Subdivision and the southwest portion of Lots 8 and 9, Block 5 of the Galveston County Farms Subdivision, both subdivisions in League City, Galveston County, Texas, according to the map or plat thereof, recorded in Volume 238, Page 12 and transferred to Volume 13, Page 82A in the office of the County Clerk of Galveston County, Texas and Volume 192, Page 274 of the map records of Galveston County, Texas.

OWNERS/LIENHOLDERS

REO Solutions, LLC, a Texas limited liability company, 2260 West Holcombe #281, Houston, Texas 77030

REO Solutions, LLC, Attn: Jesus Terrazas, III, Managing Member, 2260 West Holcombe #281, Houston, Texas 77030

Jennette Perry Hunnicutt, 807 South Post Oak Lane #214, Houston, Texas 77056-2200

Clifford & Jackson, JP Hunnicutt, 807 South Post Oak Lane #214, Houston, Texas 77056-2200

Clifford Andrew Jackson, a/k/a Clifford A. Jackson, 15721 Serendipity Trail, Plantersville, Texas 77363

Clifford Andrew Jackson, J. Perry Hunnicutt, Mary Jennette Hunnicutt, c/o Equity Development, 807 South Post Oak Lane #114, Houston, Texas 77056

League Colony Apartments, 807 South Post Oak Lane, Houston, Texas 77056-2200

Lance Funston, J. Perry Hunnicutt, a/k/a Julian Perry Hunnicutt, c/o Equity Development, 807 South Post Oak Lane, Houston, Texas 77056-2215

Andrew M. Shelton, The Andrew M. Shelton Co., d/b/a Moore Climatic, 2328 Skymaster, Galveston, Texas 77551

Murray Lobb, PLLC, Attn: Cassandra L. A. Guilliams, Trustee, 700 Gemini, Suite 220, Houston, Texas 77058

Kwik Wash Laundries, Inc., Attn: Arthur E. Miller, Vice President, 4240 Bronze Way, P.O. Box 763819, Dallas, Texas 77376-3819.

 

Mr. Arevalo restated the staff report for this item and gave a brief history of the property and informed the Board of the property’s new ownership.   

 

Mr. Davidson came forward and presented photos of the property and identified code violations.  He reported that since the time the Commissioners’ packets went out, the property owners have made significant progress and said he believes the situation will be rectified.

 

Mr. Weathered asked Mr. Davidson a series of questions:

 

He asked “Was notice provided to the owners and lien holders as noted in the deed records of Galveston County, the Tax Appraisal District records and the City records?”  Mr. Davidson responded “yes, sir.”

 

He asked “Did you receive any responses?”  Mr. Davidson responded “yes, sir I did.”  He explained that he had several onsite meetings with the property owners leading up to the hearing and before the paperwork was filed.

 

Mr. Weathered asked if the issues represented in the photos pertain to building #4 only.  Mr. Davidson responded affirmatively and explained that building #4 was the only building with structural damage and that the other issues were more property maintenance issues.

 

He asked if it was Mr. Davidson’s testimony that the property is in violation of items 1-13 of Section 22-334.  Mr. Davidson explained that before the property owners began the repairs and at the time the staff report was written and the photos were taken the property was in violation of items 1-13.

Mr. Weathered asked if the structure is open for ingress and egress or by third parties.  Mr. Davidson confirmed it is not and that the property is secured.

 

Mr. Weathered asked if staff had difficulty entering the property for inspections.  Mr. Davidson responded “no sir, not at all.” He further asked if the property should be posted with “do not enter” signs.  Mr. Davidson responded “no, sir.”  He said he believed Mr. Arevalo had planned to discuss with the property owners about putting construction fencing up since some construction is still in progress.

 

Mr. Weathered asked if the situation was a demolition issue.  Mr. Davidson responded “no sir, not as we stand here today.”

 

Mr. Weathered asked Mr. Davidson’s for his recommendation to the Commission.  Mr. Davidson said his recommendation was to give the property owners the necessary time to continue the positive advances on the property that they’re currently making.

 

Mr. Christiansen asked if there was anyone present from the public who did not have a direct interest in the property who would like to be heard.  No one came forward.

Mr. Christiansen called the property owner forward.

Jesus Terrazas, property owner, came forward and presented photos of the progress made on the property.

A discussion was held regarding a proposed time frame for completion of repairs.

Mr. Arevalo recommended a status update in thirty days to determine if the property could be removed from the dangerous building list or if the hearing should be extended another thirty days.

The Board reviewed and discussed the Form Order contained in the Commissioners’ packets.

Ms. Kosty made a motion to accept the orders as discussed with the recommendation from staff that the repairs in progress are to be determined in thirty days at the next hearing date on May 5, 2011.

Mr. Stephenson seconded the motion.

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

Mr. Christiansen closed the public portion of the hearing at 8:20 p.m.

 

V.                Adjournment

 

Mr. Christiansen made a motion to adjourn the meeting.

 

Ms. Beasley seconded the motion.

 

            Mr. Christiansen adjourned the meeting at 8:20 p.m.