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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

May 5, 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.     April 7, 2011

III.             The Swearing in of Speakers and Witnesses

IV.             Other Business

A.     Recognition of Mr. Fred Switzer for his years of service on the Zoning Board of Adjustments and to the City of League City.

B.     Consider and take action on amending the Policies and Procedures for the Zoning Board of Adjustments to include rules and procedures for failed motions.

V.                Public Hearings and Action Items from Public Hearings

 

A.     Hold a public hearing and take action on ZBA11-12 (Glory Paintball #1), a variance request to Section 125-170 (G) of the Zoning Ordinance requiring all required parking spaces and drive aisles be concrete and asphalt on property approximately 3.0 acres in size, zoned “CM” (Mixed Use Commercial), legally described at Lot 8, Block B of the Clear Creek Subdivision, generally located south of Weyer Avenue and east of Calder Road with the approximate address being 2600 Calder Road.

B.     Hold a public hearing and take action on ZBA11-13 (Glory Paintball #2), a variance request to Section 125-72 (C) of the Zoning Ordinance requiring a minimum 10-foot wide landscaped area between the parking lot and the street on property approximately 3.0 acres in size, zoned “CM” (Mixed Use Commercial), legally described at Lot 8, Block B of the Clear Creek Subdivision, generally located south of Weyer Avenue and east of Calder Road with the approximate address being 2600 Calder Road.

C.     Hold a public hearing and take action on ZBA11-13 (Glory Paintball #3), a variance request to Section 125-170 (I) of the Zoning Ordinance requiring all landscaping and screening related to the parking lot on property approximately 3.0 acres in size, zoned “CM” (Mixed Use Commercial), legally described at Lot 8, Block B of the Clear Creek Subdivision, generally located south of Weyer Avenue and east of Calder Road with the approximate address being 2600 Calder Road.

D.     Hold a compliance hearing and possible action on ZBA11-01 (310 Waco Avenue), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 04-07-2011 for a building or structure determined to be 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 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 04-07-2011)

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

 

E.    Hold a public hearing and take action on ZBA11-10 (2310 Bern), 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 portion of Tract A, of the replat of Beaussire Subdivision, a subdivision in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 1616, Page 38 of the map records of Galveston County, Texas.

OWNERS/LIENHOLDERS

Sterling Trust Company, Custodian FBO Steven Hulka, Account # 085255, P.O. Box 2526, Waco, McLennan County, Texas 76702-2526

 

F.      Hold a public hearing and take action on ZBA11-11 (2722 Webster), 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 portion of Lot 47, Division D of the League City Subdivision (Cucco Estates Subdivision), a subdivision in League City, Galveston County, Texas.

OWNERS/LIENHOLDERS

Bobby F. Cucco, 2720 Webster Street, League City, Texas 77573

                     And 2722 Webster Street, League City, Texas 77573

 

VI.             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 2ND DAY OF MAY, 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

REGULAR MEETING

THURSDAY May 05, 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 6:02 p.m.

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                       Elaine Kosty

Amy Beasley                                                               Vaness Hamilton

Melvin Bogus                                                 

Janet Alleman

Richard Stephenson               

 

*Ms. Kosty was out of town on business.

*Ms. Hamilton was out of town on personal business.

 

City Representatives:

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

R.J. Davidson, Building Inspector

Chris Torres, Code Enforcement Officer

Steve Weathered, City Attorney

Susan Wologo, Recording Secretary

 

II.                Approval of Minutes

 

 

A.  April 07, 2011

 

Ms. Beasley made a motion to approve the minutes of April 07, 2011 with one correction to a typographical error on page 7.

Mr. Stephenson 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.             Other Business

 

A.     Recognition of Mr. Fred Switzer for his years of service on the Zoning Board of Adjustments and to the City of League City.

Mr. Christiansen presented past Commissioner Mr. Switzer with an engraved clock in recognition for his many years of service on the Zoning Board of Adjustments.

B.     Consider and take action on amending the Policies and Procedures for the Zoning Board of Adjustments to include rules and procedures for failed motions.

Mr. Linenschmidt, Senior Planner, presented amendments to the Policies and Procedures for the Zoning Board of Adjustments.

Mr. Bogus made a motion to approve the amendments.

Ms. Alleman seconded the motion.

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

V.                Public Hearings and Action Items from Public Hearings

 

Mr. Christiansen opened the pubic portion of the hearing at 6:14 p.m.

Mr. Christiansen made a motion to combine items V-A, V-B and V-C for consideration.

Ms. Beasley seconded the motion.

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

A.    Hold a public hearing and take action on ZBA11-12 (Glory Paintball #1), a variance request to Section 125-170 (G) of the Zoning Ordinance requiring all required parking spaces and drive aisles be concrete and asphalt on property approximately 3.0 acres in size, zoned “CM” (Mixed Use Commercial), legally described at Lot 8, Block B of the Clear Creek Subdivision, generally located south of Weyer Avenue and east of Calder Road with the approximate address being 2600 Calder Road.

B.    Hold a public hearing and take action on ZBA11-13 (Glory Paintball #2), a variance request to Section 125-72 (C) of the Zoning Ordinance requiring a minimum 10-foot wide landscaped area between the parking lot and the street on property approximately 3.0 acres in size, zoned “CM” (Mixed Use Commercial), legally described at Lot 8, Block B of the Clear Creek Subdivision, generally located south of Weyer Avenue and east of Calder Road with the approximate address being 2600 Calder Road.

C.     Hold a public hearing and take action on ZBA11-13 (Glory Paintball #3), a variance request to Section 125-170 (I) of the Zoning Ordinance requiring all landscaping and screening related to the parking lot on property approximately 3.0 acres in size, zoned “CM” (Mixed Use Commercial), legally described at Lot 8, Block B of the Clear Creek Subdivision, generally located south of Weyer Avenue and east of Calder Road with the approximate address being 2600 Calder Road.

Wes Morrison, Senior Planner, presented the staff report for items V-A, V-B and V-C.  He explained that Calder Road is in the planning stages to be widened and early estimates require up to 15 feet of right-of-way for the widening.  The property owner has designed a site plan that would place the majority of the sites parking and landscaping within the potential right-of-way.  He said staff is recommending the Commission consider a variance to the landscape and parking requirements until the second phase of the project or within three months of the right-of-way acquisition or the completion of Calder Road.  Should the variance be approved, staff recommends the following conditions:

1.  The property owner is required to construct the required parking area (as shown on the site plan) with either concrete or asphalt material within 3 months of the right-of-way acquisition being finalized.

2.  In the event that no right-of-way is needed from the subject property, the property owner is required to construct the parking area as shown on the site plan with either concrete or asphalt within 3 months of the completion of Calder Road.

Mr. Bogus inquired what the recourse would be should the applicant fail to comply with the conditions.  Mr. Morrison advised that at that time it would become a Code Enforcement issue which could result in citations and/or court.

Ms. Beasley inquired also as to what the recourse would be should Calder Road not be widened.  Mr. Morrison explained the funding for the road is in place with the designs pending.  He said the Engineering Department said the acquisition should take place within six months.  Ms. Beasley further inquired about the installation of sidewalks.  Mr. Morrison advised that sidewalks would be installed on the site and they were not mentioned in the report because they are a requirement of the Subdivision Ordinance not the Zoning Ordinance.

 

Mr. Christiansen called for the applicant.  The applicant was not present.

Mr. Christiansen asked if anyone from the public wished to speak on this item. 

Mr. Ken Eckel, resident at 2525 Calder Dr., came forward and asked if the applicant would be required to comply with the parking and landscaping requirements.  Mr. Morrison explained that should the Commission approve the variance they would put a condition on the variance that would require the applicant to comply with the ordinance within three months of the right-of-way acquisition or within three months of the completion of Calder Road.  He reiterated that should the applicant not comply it would become a Code Enforcement Issue and City Staff would take enforcement on them.

Mr. Christiansen closed the public portion of the hearing at 6:27 p.m. and called for a motion to include items V-A, V-B and V-C.

Mr. Bogus made a motion to approve items V-A, V-B and V-C with the conditions recommended by staff.

Mr. Stephenson seconded the motion.

No discussion was held.

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

D.     Hold a compliance hearing and possible action on ZBA11-01 (310 Waco Avenue), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 04-07-2011 for a building or structure determined to be 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 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 04-07-2011)

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

 

Oscar Arevalo, Building Official, came forward and gave a brief history and an update on this item.  He reported that with the progress made on the building it can be removed from the category of dangerous buildings.   

Mr. Arevalo informed the Commission that the applicant was ill and unable to attend the meeting.

Mr. Christiansen called for a motion.

Ms. Beasley made a motion to close item V-D.

Mr. Stephenson seconded the motion.

No discussion was held.

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

Mr. Christiansen noted that he did not open the public portion of the hearing since no one from the public was present to speak on the item.

 

E.    Hold a public hearing and take action on ZBA11-10 (2310 Bern), 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 portion of Tract A, of the replat of Beaussire Subdivision, a subdivision in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 1616, Page 38 of the map records of Galveston County, Texas.

OWNERS/LIENHOLDERS

Sterling Trust Company, Custodian FBO Steven Hulka, Account # 085255, P.O. Box 2526, Waco, McLennan County, Texas 76702-2526

 

Mr. Arevalo presented the staff report for this item.  He said the property is part of a trust and through the process of sending out notices the gentleman in charge of the trust contacted him and agreed to remove the structure himself but requested a thirty day extension.  Mr. Arevalo said he advised the gentleman that he would still need to go through the process of going before the Board.

 

R.J. Davidson, Building Inspector, presented photos of the dilapidated structure.

 

Mr. Christiansen inquired if the property owner was present.  Mr. Davidson advised the trustee of the property was not present as he resides out of state.

 

Steve Weathered, City Attorney, asked Mr. Davidson a series of questions regarding the property.  He further asked if Staff had an issue with the order specifying a demolition within thirty days and a subsequent compliance hearing to make certain (the demolition) occurred.   Mr. Davidson responded staff had no issues with it.

 

Mr. Christiansen opened the public portion of the hearing at 6:46 p.m. and asked if there was anyone present with a direct interest in the property who would like to be heard.  With no one present to speak on this item, Mr. Christiansen closed the public portion of the hearing at 6:47 p.m. 

Mr. Christiansen asked if anyone was present who was not directly interested 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. 

The Board determined a date of no later than June 6, 2011 (thirty days of the current hearing date) to   complete the demolition.

A discussion was held regarding securing the structure as a dangerous building.  Mr. Davidson advised staff could barricade the area with caution tape and post the structure as a dangerous building.

Mr. Weathered asked Mr. Arevalo questions regarding the dilapidated condition of the building.

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

Mr. Bogus made a motion for a Final Order as discussed.

Mr. Stephenson seconded the motion.

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

 

F.     Hold a public hearing and take action on ZBA11-11 (2722 Webster), 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 portion of Lot 47, Division D of the League City Subdivision (Cucco Estates Subdivision), a subdivision in League City, Galveston County, Texas.

OWNERS/LIENHOLDERS

Bobby F. Cucco, 2720 Webster Street, League City, Texas 77573

                     And 2722 Webster Street, League City, Texas 77573

 

Mr. Christiansen opened the public portion of the hearing at 6:59 p.m.

Mr. Arevalo presented the staff report for this item.  He said that through staff’s determination, the house falls within the definition of a dangerous building.  He explained that through financial conditions, the homeowner has not been able to make repairs to the home. 

Mr. Davidson came forward and presented photos of the property.   

Ms. Beasley asked for clarification regarding the decision to replace the home as opposed to repairing it. 

Mr. Davidson explained that Mr. Cucco is a recipient of a grant through the Galveston County Housing Assistance program that will replace Mr. Cucco’s home with new home. 

Mr. Arevalo further explained that staff would have recommended repair rather than demolition but that it was not financially feasible for the homeowner.

Ms. Torres, Code Enforcement Officer, came forward and presented drawings of the proposed home and stated the cost to repair the existing home would have been more than the cost of the proposed new home.

Steve Weathered, City Attorney, asked Mr. Davidson a series of questions regarding the property.

Mr. Christiansen called for the property owner.  Mr. Cucco came forward and said he was waiting to hear from the Galveston County Housing Assistance regarding a start date. 

Mr. Weathered asked Mr. Cucco a series of questions regarding the property.

Ms. Torres came forward and advised the proposed start date is in three weeks.

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

Mr. Christiansen asked if anyone was present who was not directly interested in the property who would like to be heard.   No one came forward.

Mr. Christiansen closed the public portion of the hearing at 7:20 p.m.

Mr. Weathered reviewed and discussed with the Board the Form Order contained in the Commissioner’s packets. 

A discussion was held regarding a compliance date.  Mr. Linenschmidt advised that July 7, 2011 was the next regularly scheduled meeting date.

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

Mr. Stephenson made a motion for a Compliance Order as discussed.

Ms. Beasley seconded the motion.

No discussion was held.

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

Mr. Christiansen closed the public portion of the hearing at 7:28 p.m.

VI.             Adjournment

 

Mr. Bogus made a motion to adjourn the meeting.

 

Mr. Stephenson seconded the motion.

 

Mr. Christiansen adjourned the meeting at 7:29 p.m.

 

 ___________________________________             ______________________________

Mark Linenschmidt                                                   James Christiansen,

Senior Planner                                                           Chair, Zoning Board of Adjustment                       

           

Date minutes approved: ___________________