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Zoning Board of Adjustments /

building and standards commission

Special Session Agenda

September 12, 2011

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

II.                The Swearing in of Speakers and Witnesses

III.             Public Hearings and Action Items from Public Hearings

A.     Hold a fifth public compliance hearing with possible action on ZBA11-06 (Riviera Wall), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 08-04-2011 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; FOURTH COMPLIANCE HEARING CLOSED 08-04-2011)

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 2

City of League City

Zoning Board of Adjustments / Building Standards Commission

Special Session Agenda

September 12, 2011 

6:00 PM

Council Chambers, 200 West Walker Street

 

IV.             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 9TH DAY OF SEPTEMBER, 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 September 12, 2011 at 6:00 P.M.

Johnny Arolfo Civic Center

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                                      

Amy Beasley                                                              

Richard Stephenson

Elaine Kosty                                          

Janet Alleman, Alternate 1      

Vaness Hamilton, Alternate 2                                     

                     

 Ms. Alleman was activated as a voting member.

 

City Representatives:

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

R.J. Davidson, Building Inspector

Mike Collins, Building Inspector

Lonzell Banks, Code Compliance Official

Steve Weathered, City Attorney

Susan Wologo, Recording Secretary

 

II.    The Swearing in of Speakers and Witnesses

 

Mr. Christiansen swore in the witnesses for the purpose of those who may be called to testify but clarified that the meeting is a public compliance hearing and not a public hearing open for public comment.

 

III. Public Hearings and Action Items from Public Hearings

 

A.     Hold a fifth public compliance hearing with possible action on ZBA11-06 (Riviera Wall), to determine whether Owner(s)/Lienholder(s) have complied with Order issued 08-04-2011 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; FOURTH COMPLIANCE HEARING CLOSED 08-04-2011)

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

 

R.J. Davidson, Building Inspector, came forward and stated that one of the two compliance violations for this item has been addressed upon the receipt of the Engineering report.  The other violation issues, he said as stated in the staff report, can be handled on a Code Enforcement level and no longer requires the Board’s consideration.

 

Steve Weathered, City Attorney, asked Mr. Davidson a series of questions to clarify Mr. Davidson’s previous statement.

 

Ms. Beasley made a motion to close this matter with the ZBA based on the receipt of the Engineering report which indicated there is no imminent danger of collapse of the wall, and to turn over the remaining code enforcement issues to Code Enforcement staff, and that the promenade be reopened.  

 

Ms. Kosty seconded the motion and suggested the motion include that the Board received a letter from the City Engineer as well stating that the wall is in no imminent danger of collapse.

 

Ms. Beasley amended her motion to include Ms. Kosty’s suggestion.

No further discussion was held.

 

Mr. Christiansen called for a vote.

 

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

 

 

IV. Adjournment

 

  

Mr. Christiansen made a motion to adjourn the meeting.

 

Ms. Beasley seconded the motion.

 

Mr. Christiansen adjourned the meeting at 6:13 p.m.

 

 

            ___________________________________              ______________________________

Mark Linenschmidt                                          James Christiansen,

Senior Planner                                                             Chair, Zoning Board of Adjustment                       

           

Date minutes approved: ___________________