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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

July 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.     June 2, 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 ZBA11-19 (Access Self Storage), a variance request to the parking requirement (Schedule 125-170.D.) that self storage uses are required to have 1 parking space per 1,000 square feet, 1 parking space per 250 square feet of office area and 4 parking spaces for a waiting area on approximately 2.0 acres zoned “CG” (General Commercial), legally described as Tract 90 of the Perry and Austin Survey, generally located south of Farm to Market Road 646 and east of West Walker Street, with the approximate address being in the 3200 block of West Walker Street.

B.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-20 (Eastern Regional Park), a variance request to the parking lot shade tree requirement (Section 125-170.I.) on approximately 28.7 acres zoned “PS-PUD” (Public and Semi Public with a Planned Unit Development Overlay) and “OS-PUD” (Open Space with a Planned Unit Development Overlay), generally located south of League City Parkway (SH 96) and east of Dickinson Avenue with the approximate address being 2105 Dickinson Avenue.

C.     Hold a public compliance hearing with possible action on ZBA11-11 (2722 Webster), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 05-05-2011 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 a portion of Lot 47, Division D of the League City Subdivision (Cucco Estates Subdivision), a subdivision in League City, Galveston County, Texas. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 05-05-2011)

OWNERS/LIENHOLDERS

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

                     And 2722 Webster Street, League City, Texas 77573


Page 2 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Special Session Agenda

July 7, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

D.     Hold a third public compliance hearing with possible action on ZBA11-06 (Riviera Wall), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 06-02-2011 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 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; SECOND COMPLIANCE HEARING CLOSED ON 06-02-2011)

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

 

V.                Adjournment

 

 

Page 3 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Special Session Agenda

July 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 1ST DAY OF JULY, 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 July 07, 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 6:03 p.m.

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                       Janet Alleman, Alternate 1

            Amy Beasley  

            Richard Stephenson                                          

             Melvin Bogus                                                

Elaine Kosty

Vaness Hamilton, Alternate 2            

 

Ms. Hamilton, Alternate 2, arrived at 6:04 p.m. and was activated as a voting member in Mr. Bogus’ absence.  Mr. Bogus arrived later in the meeting at 7:00 p.m. and was reactivated to vote.

 

Ms. Alleman was absent due to a work scheduling conflict.  

 

City Representatives:

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

Lonzell Banks, Code Compliance Official

R.J. Davidson, Building Inspector

Chris Torres, Code Enforcement Officer

Steve Weathered, City Attorney

Susan Wologo, Recording Secretary

 

II.    Approval of Minutes

 

A.     June 02, 2011

 

Ms. Beasley made a motion to approve the minutes of June 02, 2011.

Ms. Kosty seconded the motion.

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

The Board entered into an Executive Session at 6:06 p.m. and reconvened in open session at 6:18 p.m.  Mr. Christiansen announced that pursuant to Section 551.071 of the Texas Government Code, the Board discussed legal issues only and that no final action, decision or vote was made with regard to any matter considered in the executive session concluded.

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. 

 

VI.             Public Hearings and Action Items from Public Hearings

 

Mr. Christiansen opened the public hearings at 6:20 p.m.

 

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-19 (Access Self Storage), a variance request to the parking requirement (Schedule 125-170.D.) that self storage uses are required to have 1 parking space per 1,000 square feet, 1 parking space per 250 square feet of office area and 4 parking spaces for a waiting area on approximately 2.0 acres zoned “CG” (General Commercial), legally described as Tract 90 of the Perry and Austin Survey, generally located south of Farm to Market Road 646 and east of West Walker Street, with the approximate address being in the 3200 block of West Walker Street.

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 condition:

1.  The site shall provide no less than 46 parking spaces, as shown on the Site Plan.

Mr. Chance Bennett with Access Companies came forward and answered questions from Board members.

Mr. Christiansen asked if there was anyone present from the public wishing to speak on this item.  With no one present from the public to speak on this item, Mr. Christiansen requested the Board vote on the variance findings pursuant to Section 125.47 of the League City Code.

Ms. Kosty made a motion to approve ZBA11-19 (Access Self Storage) with the condition that the site shall provide no less than 46 parking spaces and that the criteria of the variance findings is met.

The Board reviewed the 8 Variance Finding criteria and voted affirmatively on each.  The motion passed unanimously with a vote of 5-0-0 with the condition recommended by staff.

B.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-20 (Eastern Regional Park), a variance request to the parking lot shade tree requirement (Section 125-170.I.) on approximately 28.7 acres zoned “PS-PUD” (Public and Semi Public with a Planned Unit Development Overlay) and “OS-PUD” (Open Space with a Planned Unit Development Overlay), generally located south of League City Parkway (SH 96) and east of Dickinson Avenue with the approximate address being 2105 Dickinson 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 added that should the request be approved, staff recommends the following condition:

1.  A 30-foot buffer area with the existing trees along the southern portion of the property to be maintained as a buffer area between the Single-family residential and Public and Semi Public zoning districts.

A discussion was held regarding the placement of the parking lot on the site plan.  Mr. Linenschmidt explained that due to the restrictions within the power line easement, the parking lot was considered to be the most economical use for the area.

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

George Ronan, 1900 Alaska Ave. came forward and inquired about the property owner notice he received and asked if the variance would affect his machine shop located on Alaska Ave.  Mr. Linenschmidt explained that Mr. Ronan received the notice because staff is required to notify all residents within 500 feet of the boundary of the property requesting the variance.  He further responded that the staff report contains variance finding criteria that addresses any effects the variance would have on the area.  Mr. Stephenson added that the variance request is only for the parking lot shade tree requirement so that would be the only possible detriment to Mr. Ronan’s shop, not having trees.

With no other comments from the public, Mr. Christiansen called for a motion.

Ms. Hamilton made a motion to approve ZBA11-20 with the condition recommended by staff and that the applicant shall be required to plant small native ornamental trees and shrubs with a maximum height of 10-feet to provide wildlife habitat, aesthetic value, to help with water runoff during heavy rains and to provide some shade.

Ms. Kosty seconded the motion.

The Board reviewed the 8 Variance Finding criteria and voted affirmatively on each.  The motion, including the two conditions, passed unanimously with a vote of 5-0-0.

C.     Hold a public compliance hearing with possible action on ZBA11-11 (2722 Webster), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 05-05-2011 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 a portion of Lot 47, Division D of the League City Subdivision (Cucco Estates Subdivision), a subdivision in League City, Galveston County, Texas. (INITIAL DETERMINATION PUBLIC HEARING CLOSED ON 05-05-2011)

Mr. Arevalo, Building Official, came forward and gave a brief history and an update on the property.  He explained that Mr. Cucco has received assistance from the county to receive a new home.  He said the process has been going forward and a demolition permit (for the property at 2722 Webster) has been obtained.  He recommended the case be closed and the item be removed from the docket with staff following up and monitoring the property with Code Enforcement action.

Mr. Christiansen made a motion to close ZBA11-11 (Webster).

Mr. Stephenson seconded the motion.

No discussion was held.

The motion to close ZBA11-11 (Webster) passed unanimously with a vote of 5-0-0.

 

D.     Hold a third public compliance hearing with possible action on ZBA11-06 (Riviera Wall), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 06-02-2011 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 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; SECOND COMPLIANCE HEARING CLOSED ON 06-02-2011)

Mr. Arevalo gave a brief history of this item and said he hoped to receive an engineering report, a scope of work and a timeline from the representatives to determine when some corrective action will occur.

Mr. Christiansen called the representatives forward.  James Young was present representing South Shore Harbor Commercial Maintenance Association and Michael Ash was present representing the Rivieria Home Owners Association.  Both representatives shared their interpretations regarding the structural integrity of the wall.

Ms. Beasley and Ms. Kosty inquired as to when a stamped P.E. engineering report would be available so that the Board can make a determination on what needs to be done.

Luis Martinez with Paul Engineering came forward and said he is currently waiting on a soil report and should have it by the next scheduled meeting on August 4th.  He also recommended incremental surveys over a six month period determine if there is movement in the wall.

Ms. Beasley suggested that at the August 4th meeting the representatives commit to another soil testing during a six month period with a compliance hearing to follow.

Mr. Christiansen made a motion to hold the 4th compliance hearing on August 4th with the representatives providing a professional engineer stamped report determining the safety of the wall then from there the Board will determine future action.

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 hearings at 7:27 p.m.

IV. Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Mr. Stephenson seconded the motion.

 

Mr. Christiansen adjourned the meeting at 7:27 p.m.

 

 ___________________________________                   ______________________________

Mark Linenschmidt                                                          James Christiansen,

Senior Planner                                                                 Chair, Zoning Board of Adjustment             

     

Date minutes approved: ___________________