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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

October 4, 2012

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 12, 2012

 

III.             The Swearing in of Speakers and Witnesses

 

IV.              Public Hearings and Action Items from Public Hearings (BASC)

A.     Hold a public hearing and take action on ZBA12-08 (120 North Illinois), 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 located at 120 North Illinois, League City, Texas 77573, legally described as the southeasterly 55-feet of lots 4 thru 6 (4-1), Block 1 of the League City Townsites Subdivision, in League City, Galveston County, Texas, according to the plat made for J.C. League by R.W. Luttrell in 1893, 1907, and 1909 and now in common use.

 

OWNERS/LIENHOLDERS

Dorothy O. Jackson Living Trust, P.O. Box 58111, Houston, Texas 77258

                                         And P.O. Box 1666, League City, Texas 77574

                                         And 120 North Illinois, League City, Texas 77573

City of League City, Texas, Code Enforcement Department, Attn: Chris Torres, 305 East Main  

                                         Street, League City, Texas 77573

City of League City, Texas, Code Enforcement Department, Attn: Lonzell Banks, 305 East

                                         Main Street, League City, Texas 77573

 

B.     Hold a public hearing and take action on ZBA12-09 (2111 Hill 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 located at 2111 Hill Avenue, League City, Texas 77573, legally described as Lot 7, Block 25 of Moore’s Addition to the Town of Dickinson, in League City, Galveston County, Texas, according to the map or plat thereof filed for record in the Office of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Candelaria Alvarado, 4903 39th Street, Dickinson, Texas 77539

                           And 5009 Hauna Lane, Dickinson, Texas, 77539

 

V.                 Other Business

A.     Consider and take action on the Zoning Board of Adjustments / Building and Standards Commission meeting dates for 2013.

 

VI.              Adjournment

 

 

 

 

 

 

 

Page 2 of 2

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

October 4, 2012 

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 28TH DAY OF SEPTEMBER, 2012 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                                                     OSCAR AREVALO, CBO

SENIOR PLANNER                                                              BUILDING OFFICIAL        

 

 

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY October 4, 2012 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                                       Elaine Kosty               

            Amy Beasley                                                              

            Richard Stephenson*

            Janet Alleman 

            Katie Benoit*

            Elizabeth Scully

           

*Mr. Christiansen activated Ms. Benoit for the Building and Standards Commission.

*Mr. Stephenson left the meeting at 7:01 p.m.

 

City Representatives:

Oscar Arevalo, Building Official

Lonzell Banks, Code Compliance Official

R.J. Davidson, Building Inspector

 

II.    Approval of Minutes

 

A.     July 12, 2012

 

Mr. Christiansen made a motion approve the minutes of July 12, 2012 with noted revisions.

Ms. Beasley seconded the motion.

The motion passed unanimously with a vote of 5-0-0 subject to noted revisions.

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 Building and Standards Commission must be filed with the Court of Competent Jurisdiction within 30 days of the date of the decision rendered by this board. 

 

IV.  Public Hearings and Action Items from Public Hearings (BASC)

A.     Hold a public hearing and take action on ZBA12-08 (120 North Illinois), 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 located at 120 North Illinois, League City, Texas 77573, legally described as the southeasterly 55-feet of lots 4 thru 6 (4-1), Block 1 of the League City Townsites Subdivision, in League City, Galveston County, Texas, according to the plat made for J.C. League by R.W. Luttrell in 1893, 1907, and 1909 and now in common use.

OWNERS/LIENHOLDERS

Dorothy O. Jackson Living Trust, P.O. Box 58111, Houston, Texas 77258

                                               And P.O. Box 1666, League City, Texas 77574

                                               And 120 North Illinois, League City, Texas 77573

City of League City, Texas, Code Enforcement Department, Attn: Chris Torres, 305 East

                                               Main Street, League City, Texas 77573

City of League City, Texas, Code Enforcement Department, Attn: Lonzell Banks, 305 East

                                               Main Street, League City, Texas 77573

 

Mr. Arevalo, Building Official, presented the staff report for this item.  Mr. Arevalo indicated that the Owner has been nonresponsive. He added that the primary structure, of the two structures on the site, was boarded up and would be a code compliance issue while the second structure, a garage, meets the requirements of a dangerous building.

 

Mr. Banks presented the history and photographs of the property for this case. Mr. Banks indicated that staff’s recommendation was to demolish the structure.

 

Mr. Christiansen asked if the structure was easily accessible by the public.

 

Mr. Banks replied that Code Compliance had the structure boarded up in such a way that no one could enter after the warrant inspection.

 

Mr. Christiansen asked if there were any utility connections to the structure.

 

Mr. Banks replied that he was not aware of any utilities or power to the entire property.

 

Mr. Christiansen asked if there were any additional questions.

 

Ms. Benoit noted that a fence was near the structure and asked if it was near the property line.

 

Mr. Banks indicated that the structure was near the property line. He added that the left side of the structure was adjacent to residential property while the other side was adjacent to commercial property.

 

Mr. Christiansen opened the public portion of the hearing at 6:21 p.m. [No one came forward from the public to speak on this item.]

Mr. Weathered questioned Mr. Banks about notices of hearing letters to the Owner’s addresses.

Mr. Banks responded in the affirmative and listed the addresses.

Mr. Weathered asked Mr. Banks to explain the reasoning for the demolition recommendation.

Mr. Banks replied that the structure was unsound and posed a threat to the health and safety of the public.

Mr. Weathered asked if the cost of repair exceeded the value of the structure, based on inspection.

Mr. Banks replied in the affirmative.

Mr. Christiansen closed the public portion of the hearing at 6:24 p.m.

Mr. Christiansen recommended the Commission go over the findings.

Mr. Christiansen began to read the Findings items in order. He asked the Commission to speak up on an item; otherwise, it would be considered as being a checked item.

 

Item #1

The item was marked.

 

Item #2

The item was marked.

 

Item #3

The item was marked.

 

Item #4

Ms. Beasley indicated this as non applicable since there are no utility services available to the property at this time.

 

Item #5

Mr. Christiansen indicated this item as non applicable.

 

Item was not applicable.

 

Item #6

Ms. Beasley indicated unfit for human habitation and could cause sickness or disease due to the rodents. She also stated that there was a residence on the other side of the fence.

 

The item was marked.

 

Item #7

Ms. Beasley asked Mr. Weathered if Item #7 should be answered in the current condition.

 

Mr. Weathered responded that it could be answered either way since the minutes would reflect that the City did board up the building to avoid unauthorized entry. Mr. Arevalo added that the boarding is temporary.

 

The item was marked.

 

Item #8

The item was marked.

 

Item #9

Mr. Christiansen indicated that he felt that this was not applicable.

 

Ms. Scully asked regarding the plumb of a wall based on a photograph of a corner of the building.


Mr. Arevalo replied that the photograph addressed sheathing out of place rather than something structural as intended by this item.

 

Item was not applicable.

 

Item #10

There was a discussion regarding what was seen on the presentation.

 

The item was marked.

 

Item #11

The item was marked.

 

Item #12

Ms. Beasley indicated that this would be non applicable as the structure could be easily exited.

 

Item was not applicable.

 

Item #13

Mr. Christiansen indicated this item was not applicable either.

 

Mr. Christiansen continued on to Item IV, the Orders.

 

Item #1

Mr. Christiansen indicated “yes” that they [staff already] has but we are giving them our assurance approval.

 

The item was marked.

 

Item #2

Mr. Christiansen asked if this could be worded as “immediately.”

 

Mr. Weathered responded in the affirmative.

 

Ms. Beasley indicated the work has already been done and has acknowledged what is expected of the City has already been done.

 

The item was marked.

 

Item #3

Item was not applicable.

 

Item #4

Ms. Scully asked how long before the sign was installed on the property.

 

Mr. Arevalo replied the signage would go up the next day.

 

The item was marked.

 

Item #5

Mr. Christiansen asked if the standard notification of demolition time period was 30 days.

 

Ms. Beasley indicated that November 5, 2012 would be the date to hit a weekday.

 

Mr. Weathered confirmed that the order would be for demolition.

 

Ms. Beasley responded in the affirmative. The item was marked with November 5, 2012 being filled in the blank.

 

Item #6

Item was not applicable.

 

Item #7

Item was not applicable.

 

Item #8

Item was not applicable.

 

Item #9

Item was not applicable.

 

Item #10

Item was not applicable.

 

Item #11

Item was not applicable.

 

Mr. Christiansen continued onto Item V, Subsection 2.

The item was marked.

 

Mr. Christiansen continued onto Item VII, and confirmed that this would be the final order and would be signed this day, October 4th.

 

Mr. Weathered asked to review the order for some housekeeping issues.

 

Mr. Weathered continued by indicating that on Item II, under appearances for the City (Page 2), should read Mr. Arevalo and Lonzell Banks. Mr. Davidson did not appear on this one.

 

On the last page, the recorder would be Mr. R.J. Davidson.

 

Mr. Weathered then asked for a confirmation of the affirmative findings on Page 3 by the commission as being numbers 1, 2, 3, 6, 7, 8, 10, 11.

 

Ms. Beasley confirmed.

 

Mr. Christiansen made a motion for the items just identified.

 

Ms. Beasley seconded the motion.

 

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

 

B.     Hold a public hearing and take action on ZBA12-09 (2111 Hill 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 located at 2111 Hill Avenue, League City, Texas 77573, legally described as Lot 7, Block 25 of Moore’s Addition to the Town of Dickinson, in League City, Galveston County, Texas, according to the map or plat thereof filed for record in the Office of the County Clerk of Galveston County, Texas.

OWNERS/LIENHOLDERS

Candelaria Alvarado, 4903 39th Street, Dickinson, Texas 77539

                           And 5009 Hauna Lane, Dickinson, Texas, 77539

 

Mr. Arevalo, Building Official, presented the staff report for this item.  Mr. Arevalo indicated that the Owner has been doing a lot of work and cleaning up on the property, in conjunction with Code Enforcement. The Owner was present to request to salvage the main portion of the structure. However, Mr. Arevalo indicated there would be numerous and costly items to bring the structure into compliance and that the Owner had indicated that the structure would be for storage as opposed to living quarters.

 

Mr. Banks presented the history and photographs of the property for this case. Mr. Banks indicated that staff’s recommendation was that that the lean-to be demolished and all of the debris located underneath it, be cleared. He noted that they believe the primary structure could be repaired, but that the Owner did have economic difficulties. Mr. Banks added that the Owner has indicated he would voluntarily demolish and remove the debris. Mr. Banks noted that the Owner has been informed by staff that the repairs to the primary structure would have to meet code and permits would have to be issued.

 

Ms. Beasley stated that they would need to assign a name to  the portion of the structure to be demolished for paperwork purposes.. She asked if it was a single room building, not including the lean-to portion.

 

Mr. Banks responded that he was unsure of what to call the structure based on the use of the building since there was plumbing and electrical inside the structure.

 

Ms. Beasley asked if “Small building with lean-to structure” would be appropriate.

 

Mr. Banks responded that would be acceptable.

 

Mr. Christiansen noted that Mr. Stephenson left at 7:01 p.m. and reiterated that he had activated Ms. Benoit.

 

Mr. Christiansen opened the public portion of the hearing at 7:01 p.m.

 

Lorenzo Delgado, 2106 Alaska Avenue, son of Owner, came forward representing his mother. He indicated that his mother did not respond because she does not speak or understand English and that the notices were sent to adjacent properties. Mr. Delgado discussed the background of the property, economic hardships and spoke of his willingness to fix and clean up the property.

 

Mr. Christiansen asked if it was Mr. Delgado’s intent to save the structure as shown in the pictures.

 

Mr. Delgado responded that he would prefer to save the entire structure, if it is possible.

           

            Mr. Banks commented that the issue with the covered area is that it is in an area that harbors rodents.

 

Ms. Beasley commented that it was not the Board’s purview to discuss what items would be needed. She suggested that Mr. Delgado meet with City staff to create a list for Mr. Delgado to review to see what could be reasonably done, then return to the Board for consideration at a later date.

 

There was discussion regarding the list of items to begin repairs, current clean-up activities, and costs.

 

Mr. Christiansen commented that the issue for the Commission is that if the case is moved forward then, by law, they can only give the applicant 30 days. If it exceeds 90 days, the applicant must give a detailed schedule of what activities would need to occur. However, the applicant cannot accurately provide a list of items at this time. Mr. Christiansen suggested the City providing the applicant with a punchlist. Mr. Christiansen then asked Mr. Weathered for a recommendation on how to proceed for the City to assist the applicant by providing the coordination and punchlist.

 

Mr. Weathered responded that, as has previously been acted by the Commission,  setting a compliance hearing to satisfy the 30 days, as well as satisfy and document Mr. Delgado’s appearance and would accept further notices from the City. He added to go forward with the findings, make determinations of what to do with the total or partial structure, along with any conditions requested by the Commission.

 

Ms. Scully commented that she felt a compliance hearing would be the best action at this time.

 

Mr. Weathered commented to the Commission that repairs are feasible and timing to do so is  borne by the Owner or Mr. Delgado.

 

A discussion was held on the process to proceed forward for a compliance hearing.

 

Mr. Christiansen closed the public portion of the hearing at 7:31 p.m.

Mr. Weathered reiterated the housekeeping items that needed to be changed in the order, such as the appearances for the city being Mr. Arevalo and Mr. Banks with the recorder being Mr. Davidson. The Appearances for Owners, the line would read Lorenzo Delgado.

Ms. Benoit verified that the structure was not a residence.

 

Mr. Christiansen began to read the Findings in Item III in order. He asked the Commission to speak up on an item; otherwise, it would be considered as being a checked item.

 

Item #1

The item was marked.

 

Item #2

The item was marked.

 

Item #3

The item was marked.

 

Item #4

Ms. Beasley and Ms. Scully asked to confirm that there were electrical wires in the structure.

 

Mr. Banks responded in the affirmative.

 

The item was marked.

 

Item #5

The item was marked.

 

Item #6

The item was marked.

 

Item #7

Item was not applicable.

 

Item #8

Item was not applicable.

 

Item #9

Item was not applicable.

 

Item #10

Item was not applicable.

 

Item #11

Item was not applicable.

 

Item #12

Item was not applicable.

 

Item #13

Item was not applicable.

 

Mr. Christiansen continued on to Item IV, the Orders.

 

Item #1

The item was marked.

 

Item #2

Item was not applicable.

 

Item #3

Item was not applicable.

 

Item #4

Item was not applicable.

 

Item #5

Item was not applicable.

 

Item #6

Item was not applicable.

 

Item #7

Item was not applicable.

 

Item #8

Item was not applicable.

 

Item #9

Mr. Christiansen indicated that the Commission is recommending a compliance hearing and the Owner appear at the next meeting.

 

Ms. Beasley asked to confirm the next meeting would be November 1, 2012.

 

Mr. Davidson confirmed the date. The item was marked with November 1, 2012 filled in the blank.

 

Item #10

Mr. Christiansen indicated the additional conditions would be that the Owner must meet with the City to determine a complete list of violations that need to be repaired.

 

Ms. Scully asked if the Owner needs to do a timeline as part of the condition.

 

Mr. Christiansen responded that it would be at the next meeting, since the Commission does not know what the Owner’s decision would be at the meeting.

 

Ms. Beasley added that the Owner would have to have a plan of what was going to be done.

 

Item #11

Item was not applicable.

 

Mr. Christiansen continued onto Item V, Subsection 2.

 

Mr. Christiansen stated he felt the item was not applicable. There was no response. The item was not applicable.

 

Mr. Christiansen commented that the order was a compliance, not a final order.

 

Mr. Christiansen informed the Owner to wait after the meeting to receive a copy of the signed order.

 

Ms. Beasley reviewed the order for the Commission.

 

Mr. Christiansen asked for a motion.

 

Mr. Christiansen made a motion for approval of the order.

 

Ms. Scully seconded the motion.

 

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

 

V.                Other Business

Consider and take action on the Zoning Board of Adjustments / Building and Standards Commission meeting dates for 2013.

 

Ms. Beasley made a motion to accept the proposed dates for the Zoning Board of Adjustments / Building and Standards Commission meetings for 2013.

Ms. Alleman seconded the motion.

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

 

IV.             Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Mr. Christiansen seconded the motion.

 

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

 

      Mr. Christiansen adjourned the meeting at 7:45 p.m.

 

 ___________________________________             ______________________________

Oscar Arevalo                                                              James Christiansen,

Certified Building Official                                           Chair, Zoning Board of Adjustment                       

Date minutes approved: ___________________