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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

June 2, 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.    May 5, 2011

B.     May 19, 2011

III.             The Swearing in of Speakers and Witnesses

IV.             Public Hearings and Action Items from Public Hearings

A.     Hold a second public compliance hearing and possible 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 03-03-2011; FIRST COMPLIANCE HEARING CLOSED ON 04-07-2011)

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


Page 2 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Special Session Agenda

June 2, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

B.     Hold a second public compliance hearing and possible 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 03-03-2011; FIRST COMPLIANCE HEARING CLOSED ON 04-07-2011)

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

 

C.     Hold a public hearing and take action on ZBA11-18 (313 Waco), 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 and the adjoining 10 feet of Lot 4 of the Merchant’s Addition to League City, an addition in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 238, Page 12, of the map records of Galveston County, Texas.

OWNERS/LIENHOLDERS

Clifford Andrew Jackson, 3817 Richmond, Houston, Texas 77027

      And 2201 Commonwealth, Suite #1, Houston, Texas 77006

      And 9880 County Road 302, Plantersville, Texas 77363

      And 15721 Serendipity Trail, Plantersville, Texas 77363

      And 313 Waco, League City, Texas 77573

J.P. Hunnicutt, 3817 Richmond, Houston, Texas 77027

      And 15721 Serendipity Trail, Plantersville, Texas 77363

      And 313 Waco, League City, Texas 77573

Jeanette Hunnicutt, 807 South Post Oak Lane, #214, Houston, Texas 77056

J.P. Hunnicutt, dba Post Oak Hills Apartments, 807 South Post Oak Lane, #214, Houston, Texas 77056

J.P. Hunnicutt, dba Shady Oaks Apartments of League City, 807 South Post Oak Lane, #214, Houston, Texas 77056

J.P. Hunnicutt, dba Plaza Apartments, 807 South Post Oak Lane, #214, Houston, Texas 77056

Texas Employment Commission, Attn: Billy W. McCorkle, Chief of Tax, 101 East 15th Street, Austin, Texas 78778-0001

Dickinson Independent School District, c/o Perdue, Brandon, Fielder, Collins & Mott, LLP, Attn: Michael J. Darlow, 1235 North Loop West, Suite 600, Houston, Texas 77008

                 

 

Page 3 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Special Session Agenda

June 2, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

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 27TH 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, CBO

SENIOR PLANNER                                                                                          BUILDING OFFICIAL

 

 

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY June 02, 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 6:04 p.m.

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                       Richard Stephenson

            Amy Beasley                                                                 

            Melvin Bogus                                                 

Elaine Kosty

Janet Alleman, Alternate 1

Vaness Hamilton, Alternate 2            

 

*Mr. Stephenson was absent due to the birth of his baby.

 

Ms. Alleman, Alternate 1, was activated as a voting member in Mr. Stephenson’s absence.

 

Ms. Kosty dismissed herself from the meeting due to a prior commitment at 7:09 p.m.  Ms. Hamilton, Alternate 2, was activated as a voting member in her absence.  

 

 

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.     May 05, 2011

B.     May 19, 2011

 

Mr. Bogus made a motion to approve the minutes of May 05, 2011 and May 19, 2011.

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 second public compliance hearing and possible 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 03-03-2011; FIRST COMPLIANCE HEARING CLOSED ON 04-07-2011)

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. Christiansen opened the public hearing at 6:07 p.m.

Oscar Arevalo, Building Official, came forward and reported that staff has received no additional information or updates regarding the condition of the wall or the status of the possible lawsuit.  He reminded the Board that it is the position of the City to see that the issues regarding the repairs and corrections of the wall that were previously discussed, are addressed.

James Young, Attorney representing South Shore Harbour CMA (Commercial Maintenance Association), came forward and reported that South Shore Harbour CMA and the Riviera are continuing the status of working together regarding the existing lawsuit.  

Dennis Paul, P.E. with Paul Engineering, retained by South Shore Harbour CMA, came forward and reported he is currently waiting on data from a survey to proceed with his structural evaluation of the wall.  He further discussed his evaluation of the damage to the wall.

A discussion was held regarding ownership of the wall.

Mike Ash, President Riviera HOA, came forward and stated they too are waiting on the results from the Engineer’s report as to address safety and renovation issues.

Mr. Weathered reviewed and discussed with the Board the Form Order contained in the Commissioner’s packets.  A 30 day compliance hearing date was discussed.  A July 7th date was proposed with the condition that a time and scope report would be produced by the engineer.

With no further discussion, Mr. Christiansen closed the public hearing at 6:32 and called for a motion.

Ms. Beasley made a motion to move forward with the order as discussed.

Ms. Kosty seconded the motion.

No discussion was held.

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

B.      Hold a second public compliance hearing and possible 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. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 03-03-2011; FIRST COMPLIANCE HEARING CLOSED ON 04-07-2011))

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. Christiansen opened the public hearing at 6:30 p.m.

 

Mr. Arevalo came forward and reported that the property owner, Mr. Lovett, has made some progress on the commercial building with a few minor issues still needing to be addressed.  He reported that no progress has been made to the mobile home.

 

At the request of Ms. Kosty, Mr. Arevalo gave a recommendation of 60 days for a compliance hearing date.

 

A discussion was held regarding the issues still needing to be addressed.   Ms. Beasley summarized that the following remaining items to be addressed were determined to be critical issues:  For the Commercial Building:  The missing cover panel on the electrical box.  For the Home:  The leaking sewer line, missing tie downs, loose wiring, and replacement of the stairs.

 

Mr. Lovett came forward and addressed questions from Board members.  The Board inquired if Mr. Lovett was in agreement with a 60 day compliance hearing date.  Mr. Lovett explained the only hindrances would be his financial situation and finding time to do the work as he works during the week.  A discussion was held regarding the option of replacing the existing mobile home.

 

With no further discussion, Mr. Christiansen closed the public hearing at 6:53 p.m. and called for a motion.

 

Mr. Bogus made a motion to grant an extension of 60 days to comply with the list of remaining items summarized by Ms. Beasley.

 

Ms. Kosty seconded the motion.

 

Mr. Weathered reviewed and discussed the form order with the Board Members.  A date of August 4, 2011 was determined as the compliance hearing date. The Board discussed a re-inspection date to be conducted by staff at least 3 days prior to the August 4th compliance hearing.

Mr. Bogus amended his motion as discussed and to include a condition that Mr. Lovett provide a time and scope report on the mobile home at the August 4th compliance hearing.

Ms. Kosty seconded the motion.

With no further discussion Mr. Christiansen called for a vote.

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

C.      Hold a public hearing and take action on ZBA11-18 (313 Waco), 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 and the adjoining 10 feet of Lot 4 of the Merchant’s Addition to League City, an addition in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 238, Page 12, of the map records of Galveston County, Texas.

OWNERS/LIENHOLDERS

Clifford Andrew Jackson, 3817 Richmond, Houston, Texas 77027

            And 2201 Commonwealth, Suite #1, Houston, Texas 77006

            And 9880 County Road 302, Plantersville, Texas 77363

            And 15721 Serendipity Trail, Plantersville, Texas 77363

            And 313 Waco, League City, Texas 77573

J.P. Hunnicutt, 3817 Richmond, Houston, Texas 77027

            And 15721 Serendipity Trail, Plantersville, Texas 77363

            And 313 Waco, League City, Texas 77573

Jeanette Hunnicutt, 807 South Post Oak Lane, #214, Houston, Texas 77056

J.P. Hunnicutt, dba Post Oak Hills Apartments, 807 South Post Oak Lane, #214, Houston, Texas 77056

J.P. Hunnicutt, dba Shady Oaks Apartments of League City, 807 South Post Oak Lane, #214, Houston, Texas 77056

J.P. Hunnicutt, dba Plaza Apartments, 807 South Post Oak Lane, #214, Houston, Texas 77056

Texas Employment Commission, Attn: Billy W. McCorkle, Chief of Tax, 101 East 15th Street, Austin, Texas 78778-0001

Dickinson Independent School District, c/o Perdue, Brandon, Fielder, Collins & Mott, LLP, Attn: Michael J. Darlow, 1235 North Loop West, Suite 600, Houston, Texas 77008

 

Mr. Christiansen opened the public hearing at 7:09 p.m.

Mr. Christiansen announced that Ms. Kosty would be leaving the meeting early to honor another commitment.

Before leaving the meeting, Ms. Kosty addressed an e-mail sent by Ms. Hunnicutt.  In the e-mail, Ms. Hunnicutt advised the board that she would not be in attendance at the meeting due to personal and family health issues and requested a 60 day extension.  Ms. Kosty commented on the e-mail and asked the Commission to consider denying the extension as she said issues with the property date back 10 years according to city staff.    

Mr. Arevalo presented the staff report for this item.   Mr. Davidson, Building Inspector, presented    photos of the property and discussed with the Board Members the structural violations regarding the property.

Mr. Christiansen opened the floor for questioning by the City Attorney.  Mr. Weathered referred to the form order and asked Mr. Davidson a series of questions regarding the property.

 

The Board took a brief recess at 7:32 p.m. and reconvened to the meeting at 7:42 p.m.

 

Mr. Christiansen asked if there was anyone present from the public who wished to speak on this item.

 

With no one present from the public to speak, Mr. Christiansen closed the public hearing at 7:44 p.m. and called for a motion.

 

Mr. Bogus made a motion for a final order of demolition based on the findings as discussed in the form order.

 

Ms. Beasley seconded the motion.

 

The Board reviewed and discussed the form order.  A date of July 5, 2011 was proposed as a completion date for the demolition.

 

The final order was approved unanimously with a vote of 5-0-0.

 

Ms. Hamilton made a motion to authorize the Chair to sign the final order commensurate with its findings.

 

Ms. Beasley seconded the motion.

 

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

 

V.    Adjournment

 

Mr. Bogus made a motion to adjourn the meeting.

 

Ms. Beasley seconded the motion.

 

The motion passed unanimously.

 

Mr. Christiansen adjourned the meeting at 7:54 p.m.

 

 ___________________________________             ______________________________

Mark Linenschmidt                                          James Christiansen,

Senior Planner                                                             Chair, Zoning Board of Adjustment                       

           

Date minutes approved: ___________________