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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

August 4, 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.          July 7, 2011

III.             The Swearing in of Speakers and Witnesses

IV.             Public Hearings and Action Items from Public Hearings

A.     Hold a fourth public compliance hearing with possible action on ZBA11-06 (Riviera Wall), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 07-07-2011 for a building or structure determined to be dangerous building in such Order, 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, of Riviera, 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; THIRD COMPLIANCE HEARING CLOSED ON 07-07-2011)

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

Regular Session Agenda

August 4, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

B.     Hold a third compliance hearing with possible action on ZBA11-07 (311 Perkins Avenue), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 06-02-2011 for a building or structure determined to be dangerous building in such Order, 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; FIRST COMPLIANCE HEARING CLOSED ON 04-07-2011; SECOND COMPLIANCE HEARING CLOSED ON 06-02-2011)

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

 

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 29TH 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 August 04, 2011 at 6:00 P.M.

City Council Chambers

200 WEST WALKER

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

Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:07 p.m.

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                       Elaine Kosty

Amy Beasley                                                               Vaness Hamilton, Alternate 2

Richard Stephenson                                          

Janet Alleman, Alternate 1                                                      

                     

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

 

Ms. Hamilton was absent due to personal business.

 

City Representatives:

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

R.J. Davidson, Building Inspector

Steve Weathered, City Attorney

Susan Wologo, Recording Secretary

 

Approval of Minutes

 

July 07, 2011

 

Mr. Stephenson made a motion to approve the minutes of July 07, 2011.

Ms. Beasley seconded the motion.

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

 

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. 

 

Public Hearings and Action Items from Public Hearings

 

Mr. Christiansen opened the public portion of the hearing at 6:10 p.m.

 

Attorney Kenneth Kaye representing Aldente, LLC in regard to the Snug Harbor Apartment demolition came forward to notify the Board that application has been made to the state and that demolition is scheduled to begin Tuesday August 16th, subject to the Board’s approval.  Jeremy Hall, representing Southern Global, and Darryl Moore with Arc were also present for comment.

 

C.     Hold a fourth public compliance hearing with possible action on ZBA11-06 (Riviera Wall), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 07-07-2011 for a building or structure determined to be dangerous building in such Order, 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, of Riviera, 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; THIRD COMPLIANCE HEARING CLOSED ON 07-07-2011)

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

 

Oscar Arevalo, Building Official, came forward and updated the Board on this item.  He explained this item has been before the Board previously with the purpose of trying to obtain an engineer’s report on the condition of the wall in order to decide what course of action should be taken.  He added that there has been no change in the condition of the wall since the beginning.

Dennis Paul, P.E., representing South Shore Harbor Commercial Maintenance Association, was present and summarized his evaluation of the condition of the wall.  He advised that a report with preliminary findings had been issued and from the results of that report, the decision to conduct further investigation was made.   He advised that investigation should be completed within the next week. 

Ms. Beasley made a motion to close the public portion of the hearing at 6:29 p.m. and suggested postponing the item to next month until the Board receives the P.E. stamped report.

Mr. Christiansen asked Mr. Ash to come forward.

Michael Ash, representing the Riviera Home Owners Association, asked Mr. Paul a series of questions concerning the condition and safety of the wall.  Mr. Ash then gave his own evaluation of the wall and proposed that staff reverse decisions made regarding the wall.

Mr. Stephenson seconded the motion made by Ms. Beasley.

A discussion was held with the Board reiterating the importance of obtaining the P.E. stamped report.

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

D.     Hold a third compliance hearing with possible action on ZBA11-07 (311 Perkins Avenue), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 06-02-2011 for a building or structure determined to be dangerous building in such Order, 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; FIRST COMPLIANCE HEARING CLOSED ON 04-07-2011; SECOND COMPLIANCE HEARING CLOSED ON 06-02-2011)

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 saying there have been minimal repairs to the mobile home and further reported that other than a few minor issues, the commercial building is in compliance.

 

A discussion was held regarding the commercial building on the property.  Steve Weathered, City Attorney, asked Mr. Arevalo for clarification, if it was Code Enforcement’s position that no action at this time is needed regarding the commercial building.  Mr. Arevalo, in response, stated that from a code compliance stand point, no action is necessary on the commercial building at this point.

 

Mr. Christiansen opened the public portion of the hearing at 6:44 p.m.

 

Brent Lovett, property owner, came forward and reported on the completed repairs made to the mobile home.  He then inquired what other repairs staff would like him to complete.  Mr. Arevalo presented a copy of the Notice of Violations given to Mr. Lovett at a previous hearing.  A discussion followed upon review of the list of violations.   Mr. Lovett estimated the remaining repairs should be completed by the end of September.

 

The public portion of the hearing was closed at 6:56 p.m.  With no further discussion, Mr. Christiansen called for a motion.

 

Ms. Beasley made a motion to have Mr. Lovett return with a final report at the October 6th meeting with all repairs completed at that time.

 

Ms. Alleman seconded the motion.

 

At Mr. Lovett’s request, Mr. Christiansen requested that staff provide Mr. Lovett with a copy of the detailed list of remaining repairs.

 

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

 

 

Adjournment

 

Mr. Stephenson made a motion to adjourn the meeting.

 

Ms. Beasley seconded the motion.

 

Mr. Christiansen adjourned the meeting at 7:00 p.m.

   ___________________________________                       ______________________________

Mark Linenschmidt                                                       James Christiansen,

Senior Planner                                                             Chair, Zoning Board of Adjustment                       

           

Date minutes approved: ___________________