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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

February 7, 2013

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

I.                Call to order and Roll call of members

 

II.             Approval of Minutes

A.     January 3, 2013

 

III.           The Swearing in of Speakers and Witnesses

 

IV.          Other Business

A.     Consider and elect a Chairperson for the Zoning Board of Adjustments / Building and Standards Commission for 2013 and 2014.

B.     Consider and elect a Vice-Chairperson for the Zoning Board of Adjustments / Building and Standards Commission for 2013 and 2014.

 

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

A.     Hold a fourth public compliance hearing with possible action on ZBA12-09 (2111 Hill Avenue), to determine whether a building or structure is a dangerous building, to show cause why the ordered action has not been completed and/or why civil penalties should not be assessed, and issue any order(s) determined necessary to address such matter per 22-331 et. seq. of the League City Code of Ordinances (specifically including 22-340(3)g and 22-342(e), 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. (INITIAL PUBLIC HEARING CLOSED ON 10-04-2012; FIRST COMPLIANCE HEARING CLOSED ON 11-01-2012; SECOND COMPLIANCE HEARING CLOSED ON 12-06-2012; THIRD COMPLIANCE HEARING CLOSED ON 01-03-2013)

 

      OWNERS/LIENHOLDERS

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

                                 And 5009 Hauna Lane, Dickinson, Texas, 77539

 

B.     Hold a public hearing and take action on BASC13-01 (1118 Downing Circle), 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 1118 Downing Circle, League City, Texas 77573, legally described as Lot 11, Block 4 of the Nottingham Country, Section One Subdivision, in League City, Galveston County, Texas, according to the map thereof recorded in Volume 15, Page 99 of the Map Records in the Office of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

 Roger Stanley Crowther, 1118 Downing Circle, League City, Texas 77573

                                   And 808 North 74th Place, Scottsdale, Arizona 85257-4323

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

                                   Main Street, League City, Texas 77573

 

 

 

 

 

 

Page 2 of 2

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

February 7, 2013 

6:00 PM

Council Chambers, 200 West Walker Street

 

C.     Hold a public hearing and take action on BASC13-02 (1018 Sunset), 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 1018 Sunset Circle, League City, Texas 77573, legally described as Lot 17, Block 1 of the Pecan Forest Subdivision, in League City, Galveston County, Texas, according to the map thereof recorded in Volume 1616, Page 162 of the Map Records in the Office of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Mark S. Robbins, 1018 Sunset Circle, League City, Texas 77573

                       And P.O. Box 58385, Houston, Texas 77258

                       And P.O. Box 1765, League City, Texas 77574-1765

Douglas A. Keith, 1018 Sunset Circle, League City, Texas 77573

                       And 220 Englewood Drive, League City, Texas 77573

                       And P.O. Box 58385, Houston, Texas 77258

Mark E. Ciavaglia, Linebarger, Goggan, Blair, & Sampson, LLP, 518 9th Avenue North, P.O.        

                       Drawer 2789, Texas City, Texas 77592-2789

Brent J. Richbook, Linebarger, Goggan, Blair, & Sampson, LLP, 518 9th Avenue North, P.O.

                       Drawer 2789, Texas City, Texas 77592-2789

Clear Creek Independent School District, c/o Jason L. Bailey, Perdue, Brandon, Fielder, Collins &

                      Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Clear Creek Independent School District, c/o R. Gregory East, Perdue, Brandon, Fielder, Collins &

                      Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Clear Creek Independent School District, c/o Yolanda Humphrey, Perdue, Brandon, Fielder,

                      Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Herbert H. Medsger, Attorney at Law, 1834 West Main Street, League City, Texas 77573-3540

 

VI.              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 1ST DAY OF FEBRUARY, 2013 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 February 7, 2013 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 6:00 p.m.

 

Members present:                                                 Members absent:

James R. Christiansen, Chair                                 Katie Benoit

Amy Beasley                                                         Janet Alleman

Elizabeth Scully

Michael Hendershot*

Charles Rosen*

     

*Mr. Christiansen activated both Mr. Hendershot and Mr. Rosen as voting members.      

 

City Representatives:

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

Lonzell Banks, Code Compliance Official

 

II.    Approval of Minutes

 

A.     January 3, 2012

 

Ms. Scully made a motion to approve the minutes of January 3, 2013.

 

Mr. Christiansen 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; therefore, anybody who speaks should be aware it is considered testimony. Any appeal of the decision by the Zoning Board of Adjustment or Building and Standards Commission must be filed with the Court of Competent Jurisdiction within 10 days after the date of the decision rendered by this board, or such time period as indicated by Section 216.014 Texas Local Government Code.

 

IV. Other Business

 

A.     Consider and elect a Chairperson for the Zoning Board of Adjustments / Building and Standards Commission for 2013 and 2014.

 

Ms. Beasley nominated Mr. Christiansen as chairperson.

 

Mr. Christiansen asked for any additional nominations.

 

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

 

B.     Consider and elect a Vice-Chairperson for the Zoning Board of Adjustments / Building and Standards Commission for 2013 and 2014.

 

Ms. Scully nominated Amy Beasley as vice-chairperson.

 

Mr. Christiansen asked for any additional nominations.

 

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

 

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

 

A.     Hold a fourth public compliance hearing with possible action on ZBA12-09 (2111 Hill Avenue), to determine whether a building or structure is a dangerous building, to show cause why the ordered action has not been completed and/or why civil penalties should not be assessed, and issue any order(s) determined necessary to address such matter per 22-331 et. seq. of the League City Code of Ordinances (specifically including 22-340(3)g and 22-342(e), 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. (INITIAL PUBLIC HEARING CLOSED ON 10-04-2012; FIRST COMPLIANCE HEARING CLOSED ON 11-01-2012; SECOND COMPLIANCE HEARING CLOSED ON 12-06-2012; THIRD COMPLIANCE HEARING CLOSED ON 01-03-2013)

 

OWNERS/LIENHOLDERS

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

                                          And 5009 Hauna Lane, Dickinson, Texas, 77539

 

Mr. Arevalo, Building Official, updated the Board on the events occurring on the property within the previous 30 days. Mr. Arevalo stated that the Owner owns adjacent properties and that those properties could come before the Commission in the future. Mr. Arevalo recommended that this case now be referred to Code Compliance since the remaining tasks are more of a cleanup effort where staff could perform other actions such as citations or fines.

 

Mr. Christiansen asked if there were any questions for Mr. Arevalo.

Ms. Scully asked if the water and sewer issues would be handled through Code Compliance.

 

Mr. Arevalo responded in the affirmative. Mr. Arevalo added that several of the issues have already been taken care of, but additional violations have been found as the original violations were being investigated on the property.

 

Mr. Christiansen asked if much had changed since the previous month.

 

Mr. Arevalo confirmed that not much progress had been made on the property.

 

Mr. Beasley made a motion to close ZBA12-09 and hand the case over to the staff of Code Compliance.

 

Ms. Scully seconded the motion.

 

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

 

B.     Hold a public hearing and take action on BASC13-01 (1118 Downing Circle), 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 1118 Downing Circle, League City, Texas 77573, legally described as Lot 11, Block 4 of the Nottingham Country, Section One Subdivision, in League City, Galveston County, Texas, according to the map thereof recorded in Volume 15, Page 99 of the Map Records in the Office of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

 Roger Stanley Crowther, 1118 Downing Circle, League City, Texas 77573

                                   And 808 North 74th Place, Scottsdale, Arizona 85257-4323

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

                                   Main Street, League City, Texas 77573

 

Mr. Arevalo, Building Official, stated that this was a new case and indicated that Mr. Banks would be providing the presentation of the case. The structure is considered abandoned and a search warrant was issued to access the property. The costs of repair or demolition were undetermined, in which there was no clear cut indication if the 50% threshold was met.

 

Mr. Banks presented the staff report for this item. He indicated the structure was identified as a dangerous building and described numerous instances where the building was not in compliance with the building codes.

 

Mr. Christiansen asked Mr. Banks if it was his determination that the structure was damaged over 50%.

 

Mr. Banks replied that his determination that the structure was over 50% damaged was  considering the basic wooden structural, mechanical, electrical, and roofing repairs that would be required to bring it up to code.

 

Ms. Beasley asked if the garage was attached to the house.

Mr. Banks responded in the affirmative.

 

Ms. Scully asked if the house was damaged by Hurricane Ike and if the house has been abandoned since 2008.

 

Mr. Banks indicated the case was opened in 2012, and attempts to contact the Owner and financial institutions have been made with no reply. Mr. Banks added that he believed the structure to be abandoned about that long.

 

Ms. Scully asked if there were banks involved and no response has been given.

 

Mr. Banks replied in the affirmative and explained that all notices that were sent out were sent back.

 

Ms. Scully asked if the mold abatement was included in the 50%.

 

Mr. Banks replied in the affirmative.

 

Ms. Scully asked if the building was demolished, what requirements are there to notify the neighbors, considering the mold in the structure.

 

Mr. Banks indicated that typically, if there is asbestos, the demolition contractor would have a certified asbestos abatement contractor seal the property and remove the asbestos in accordance with regulations and neighbors would be notified, should an order be granted for demolition. Mr. Banks added that an estimate could be provided by a local contractor for a value to repair the structure.

 

Ms. Beasley stated that there was no one to pay for repairs and asked if anyone has come forward.

 

Mr. Banks responded that no one has come forward.

 

There was a discussion about if there was a need for an estimate.

 

Mr. Arevalo added that an estimate would provide supporting documentation, should the Commission approve an order to demolish the structure and someone approaches the city afterwards.

 

Ms. Scully asked if it was staff’s recommendation to get a contractor’s cost estimate.

 

Mr. Arevalo indicated that he would be more comfortable with an estimate.

 

Ms. Beasley asked the City Attorney, Mr. Polanco about his opinion.

 

Mr. Polanco indicated that he was very comfortable with Mr. Banks assessment of the extent of the damage; he indicates that from a due diligence standpoint, Mr. Arevalo makes a good point.

 

Ms. Beasley asked if staff had done any, on-the-ground, investigation in the neighborhood to find out what happened to the Owners.

 

Mr. Banks indicated that any such investigation had not occurred nor had anyone talked with the neighbors.

 

Mr. Arevalo added that he understood the Commission’s concern about expending any additional city funds and indicated that he could ask for free estimates from contractors (known to be done by local contractors at the request of the City).

 

Ms. Scully asked if the property had been posted with no trespassing.

 

Mr. Banks indicated that no posting had been made, but the property was made secure.

 

Ms. Scully asked if  the structure has been secured.

 

Mr. Banks indicated in the affirmative.

 

Mr. Christiansen asked for any other questions of staff.

 

Mr. Christiansen opened the public hearing at 6:41p.m.

 

With no one speaking, Mr. Christiansen closed the public hearing at 6:41 p.m.

 

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 as a finding.

 

Item #2

The item was marked as a finding.

 

Item #3

The item was marked as a finding.

 

Item #4

The item was not marked as a finding.

 

Item #5

The item was marked as a finding.

 

Item #6

The item was marked as a finding.

 

Item #7

The item was not marked as a finding.

 

Item #8

The item was not marked as a finding.

 

Item #9

The item was marked as a finding.

 

Item #10

The item was marked as a finding.

 

Item #11

The item was marked as a finding.

 

Item #12

The item was not marked as a finding.

 

Item #13

Item was not applicable.

 

Ms. Beasley summarized the findings of the Commission.

 

Ms. Scully made motion to declare the building as  an unsafe building and to proceed with orders.

 

Ms. Beasley seconded the motion.

 

Mr. Polanco asked Ms. Scully if the motion was to accept the findings declared.

 

Ms. Scully responded in the affirmative.

 

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

Ms. Beasley asked for a moment of discussion.

There was a discussion regarding the need for a contractor’s estimate.

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

The item was marked.

 

Item #5

The item was marked with May 10, 2013 being supplied as the date.

 

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 marked with a condition placed. The condition read, “Staff to provide licensed contractor’s estimate to repair building to code at March 7, 2013 meeting. Demolition ordered in #5 is held in suspense, pending receipt of contractor’s report demonstrating the damage exceeds 50% of GCAD (Galveston County Appraisal District) appraised value of the building.”

 

Item #11

Item was not applicable.

 

Mr. Christiansen indicated that he will sign the Order as a Final Order.

 

Mr. Polanco indicated that a vote needed to be held.

 

Mr. Christiansen called for the vote.

 

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

 

C.                 Hold a public hearing and take action on BASC13-02 (1018 Sunset), 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 1018 Sunset Circle, League City, Texas 77573, legally described as Lot 17, Block 1 of the Pecan Forest Subdivision, in League City, Galveston County, Texas, according to the map thereof recorded in Volume 1616, Page 162 of the Map Records in the Office of the County Clerk of Galveston County, Texas.

 

      OWNERS/LIENHOLDERS

Mark S. Robbins, 1018 Sunset Circle, League City, Texas 77573

                       And P.O. Box 58385, Houston, Texas 77258

                       And P.O. Box 1765, League City, Texas 77574-1765

Douglas A. Keith, 1018 Sunset Circle, League City, Texas 77573

                       And 220 Englewood Drive, League City, Texas 77573

                       And P.O. Box 58385, Houston, Texas 77258

Mark E. Ciavaglia, Linebarger, Goggan, Blair, & Sampson, LLP, 518 9th Avenue North, P.O.        

                       Drawer 2789, Texas City, Texas 77592-2789

Brent J. Richbook, Linebarger, Goggan, Blair, & Sampson, LLP, 518 9th Avenue North, P.O.

                       Drawer 2789, Texas City, Texas 77592-2789

Clear Creek Independent School District, c/o Jason L. Bailey, Perdue, Brandon, Fielder,   Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Clear Creek Independent School District, c/o R. Gregory East, Perdue, Brandon, Fielder, Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Clear Creek Independent School District, c/o Yolanda Humphrey, Perdue, Brandon, Fielder,

                      Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston, Texas 77008

Herbert H. Medsger, Attorney at Law, 1834 West Main Street, League City, Texas 77573-3540

 

Mr. Arevalo, Building Official, introduced the case to the Commission (which primarily dealt with a lack of repairs of the building) and handed the presentation over to Mr. Banks.

 

Mr. Banks presented the staff report for this item, stating that the case had begun in September of 2012 as a result of a complaint. Mr. Banks identified issues related with the foundation, roof, water infiltration and limitations on egress from the house. Mr. Banks added that the Owner has met with staff at their offices and the roof has been repaired since the initial assessment of the house. No other entry had been made since the initial assessment.

 

Ms. Beasley asked if it was known, from city records, if the water was on.

 

Mr. Banks responded that the water was on, but water was not available in the fixtures in the house.

 

Mr. Christiansen asked Mr. Banks if that was the end of the presentation.

 

Mr. Banks responded in the affirmative.

 

Mr. Christiansen asked if there were any questions of staff.

 

Mr. Christiansen opened the public hearing at 7:32 p.m. and asked for any Owners or lienholders to come forward.

 

Mr. Mark Robbins, 1018 Sunset, League City, Texas, came to the podium.

 

Mr. Christiansen briefly stated to the Owner, his right to speak in of support or opposition of the Building Official’s interpretation and burden of proof. Mr. Christiansen asked for Mr. Robbins position.

 

Mr. Robbins began by addressing the Owners/lienholders information in which all of the addresses were not the Owners.

 

Mr. Christiansen stated that the lienholders and Owners came from a title search and city records.

 

Mr. Robbins indicated that there was a previous tax issue with property that was resolved. He further added that the roof had been repaired and a red tag was given due to issues with windstorm certification. Mr. Robbins stated that the majority of the cleanup of the house has been done, and he has four estimates for foundation repair with estimates from $5,000 to $15,000. Mr. Robbins asked for details regarding what needed to be done to the foundation. He identified a possible cause of the foundation problems as being a concrete swale on the common property line.

 

Mr. Christiansen asked Mr. Robbins to discuss the work in progress on the interior of the house, such as removing boxes from in front of windows for egress.

 

Mr. Robbins indicated that most of it, including the trash and ingress and egress, had been taken care of. He added that the house had been neglected due to caring of other family members.

 

Ms. Beasley asked if the water was running inside of the house.

 

Mr. Robbins replied in the affirmative. Mr. Robbins continued that the water had been turned off at the wall by the occupant, the Owner’s brother.

 

Ms. Scully asked if all the water was now turned on at the wall.

 

Mr. Robbins replied that not all of the water was on. The Owner is waiting on the repair of one of the faucets in the upstairs bathroom where there had been a water leak, mainly due to the foundation repair.

 

Mr. Christiansen asked Mr. Robbins when he could have the foundation repaired.

 

Mr. Robbins indicated that he could have the foundation repaired this week but needed to know to what capacity the foundation needed to repair.

 

Ms. Beasley asked Mr. Arevalo if it was against the city’s code for Mr. Robbins not to repair the foundation.

 

Mr. Arevalo indicated that as far as compliance with the code, many of the violations were symptomatic of foundation issues. If the Owner chooses not to fix the foundation, the Owner could incur additional costs to cure the root of the problem in the future.

 

Ms. Beasley asked if the foundation repairs were made, could the City tell the Owner that the foundation had been repaired incorrectly.

 

Mr. Arevalo responded that the City could, to a certain extent, such as if the foundation had failed. Mr. Arevalo indicated he did not see severe issues, but that the foundation is most likely not level.

 

Ms. Beasley asked Mr. Arevalo that he couldn’t tell him [Mr. Robbins] that the proposed repairs were wrong, barring any catastrophic failure of the foundation in the future.

 

Mr. Arevalo responded in the affirmative. 

 

Ms. Beasley and Ms. Scully briefly spoke to the Owner about the foundation and repairs.

 

Ms. Scully asked Mr. Robbins if the soffits had been repaired or if he was waiting for the foundation to be repaired.

 

Mr. Robbins indicated that he was waiting for the foundation to be repaired.

 

There was a discussion regarding foundation and other repairs that need to be made, including an offer to make a list of items that would need to be addressed.

 

Ms. Scully asked Mr. Robbins what timeframe he would be comfortable with to repair the foundation, soffits, water stains, mold, etc.

 

Mr. Robbins replied that he could have the foundation repaired within a month.

 

Ms. Scully asked if another 30 days would be enough time to fix the other issues.

 

Mr. Robbins indicated that many repairs had begun and were not yet finished. He estimated that 30 days would be enough time after the foundation is repaired, barring any unforeseen events such as timing for beginning of foundation repair or inclement weather.

 

Mr. Christiansen asked if anyone had any other questions for Mr. Robbins.

 

Mr. Christiansen informed the Owner that he could take his seat.

 

Mr. Christiansen indicated that his thought process was to possibly continue the hearing to the next meeting instead of making a finding tonight, allowing the applicant to make progress on the foundation repair.

 

Mr. Arevalo added that staff would need to access the structure for a full inspection to identify items that need to be corrected, with the Owner’s permission.

 

Mr. Christiansen asked Mr. Robbins if he would permit city staff (Mr. Arevalo) to enter the house and make a complete list of inspections.

 

Mr. Robbins indicated in the affirmative and asked when the foundation company comes to repair his foundation, if they would need a building permit.

 

Mr. Arevalo responded yes.

 

Mr. Robbins asked if the house would be inspected then.

 

Ms. Beasley indicated the inspection would be for the foundation portion only.

 

Ms. Scully referenced the other items on the interior of the house that need to be resolved and asked Mr. Robbins if Mr. Arevalo could enter the house to make a list of needed repairs.

 

Mr. Robbins indicated that the main confusion was the foundation repair, and he understands what needs to be done.

 

There was a brief discussion of the need for an itemized list to be provided to the Owner.

 

Mr. Robbins indicated that he did not see the need for the city to come back out.

 

Ms. Beasley indicated that there would need to be at least one visit in order to provide documentation of the status for the next meeting.

 

Mr. Robbins asked if he had 30 days to accomplish all of the tasks.

 

Ms. Scully replied no, that the applicant has 30 days to get the foundation fixed, at which time he would update the Commission on the progress of list remaining items, as well as a timeframe to get everything else fixed.

 

Mr. Robbins stated that he has gone over the code violations supplied by the city and understands all of them.

 

Mr. Arevalo offered his expertise to assist Mr. Robbins to make a more informed decision.

 

Mr. Robbins restated his uneasiness about the foundation repairs.

 

Ms. Beasley asked if Mr. Robbins felt better about the foundation repairs now that it had been clarified.

 

Mr. Robbins responded in the affirmative and hopes to have the foundation repaired with over 50% of the remaining interior items completed.

 

Mr. Christiansen made a motion to table the item and keep the public hearing open to be re-reviewed at the March 7th, 2013 meeting.

 

Ms. Beasley seconded the motion.

 

The motion was tabled unanimously with a vote of 5-0-0. The public hearing was continued to the next meeting.

 

VI. Adjournment

 

Mr. Christiansen made a motion to adjourn the meeting.

 

Mr. Hendershot seconded the motion.

 

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

 

Mr. Christiansen adjourned the meeting at 8:11 p.m.

 

 ___________________________________             ______________________________

Mark Linenschmidt                                                    Jim Christiansen,

Senior Planner                                                            Chair, Zoning Board of Adjustment            

 

 

Date minutes approved: ___________________