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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

August 1, 2013

6:00 PM

JOHNNIE AROLFO CIVIL CENTER

400 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

 

II.                Approval of Minutes

A.     June 6, 2013

 

III.             Other Business

A.     Consider and take action on amending the Policies and Procedures for the Zoning Board of Adjustments (ZBA) to limit the number of public hearings per meeting and revise the time limit for appeal.

 

B.     Consider and take action on amending the Policies and Procedures for the Building and Standards Commission (BASC) to limit the number of public hearings per meeting and include a format for public hearings.

 

IV.              The Swearing in of Speakers and Witnesses

 

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

A.     Hold a fifth public compliance hearing with possible action on BASC13-02 (1018 Sunset), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary, including imposition of civil penalties, 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.(INITIAL PUBLIC HEARING WAS CONTINUED FROM 02-07-2013; INITIAL PUBLIC HEARING WAS CLOSED ON 03-07-2013; SECOND  HEARING WAS CLOSED ON 04-04-2013; THIRD HEARING WAS CLOSED ON 05-02-2013; FOURTH HEARING WAS CLOSED ON 06-06-2013)

 

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     

  Page 2 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

August 1, 2013 

6:00 PM

Johnnie Arolfo Civic Center, 400 West Walker Street

 

B.     Hold a public hearing and take action on BASC13-04 (2925 Forest Hills), 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 2925 Forest Hill, League City, Texas 77573, legally described as Lot 13, Block 5 of the Meadow Bend Subdivision, in League City, Galveston County, Texas, according to the replat thereof recorded in Volume 17, Pages 147 and 148 of the Map Records of Galveston County, Texas. (PUBLIC HEARING WAS CONTINUED FROM 03-07-2013 MEETING; PUBLIC HEARING WAS CONTINUED FROM 04-04-2013 MEETING; PUBLIC HEARING WAS CONTINUTED FROM 05-02-2013 MEETING; PUBLIC HEARING WAS CONTINUED FROM 06-06-2013 MEETING)

 

OWNERS/LIENHOLDERS

Charles D. and Patricia Mendel, 2925 Forest Hills Drive, League City, Texas 77573

Carey Frances Mendel, 105 Grand Maison Blvd., Mandeville, LA 70471

Heirs of the Estate of Charles Mendel, Deceased, 2925 Forest Hills Drive, League City, Texas 77573

            And 104 Grand Maison Blvd., Mandeville, LA 70471

David Mendel, 619 Oak Glen Drive, Kemah, Texas 77565

Kristen Marie Mendel, 13031 Park Crossing, #1104, San Antonio, Texas 78217

Pamela Ann Mendel, 13031 Park Crossing, #1104, San Antonio, Texas 78217

Citizens National Mortgage Corporation, 8787 Complex Drive, San Diego, CA 92123-1495

Norwest Mortgage, Inc., Norwest Loan No. 1810855, 405 SW 5th Street, Des Moines, IA 50309

Bank of America, N.A., Successor by merger to LaSalle Bank, N.A., Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I, LLC., Asset Backed Certificates, Series 2004-

            HE11by EMC Mortgage Corporation, Attn: Greg Allen, Vice President, 2780 Lake Vista Drive, Lewisville, Texas 75067

EMC Mortgage Corporation, % Brice Vander Linden & Wernick, PC, Attn: J. Daneice Villarreal, 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

Meadow Bend Homeowners Association/Houston Community Management, % Daughtry & Jordan, P.C., 17049 El Camino Real, Houston, Texas 77058-2630

Selim Taherzadeh ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

Steve Leva ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

David Moon ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

Suzy Chaney ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

Cara Featherstone ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

            And Howard M. Reiner & Associates, Substitute Trustee, 3410 Mercer Street, Houston, Texas 77027

Howard M. Reiner & Associates, Attn: Howard M. Reiner, Administrator In the Estate of Charles

Dudley Mendel, 3410 Mercer Street, Houston, Texas 77027

            And 5430 LBJ Freeway, Suite 1200, Dallas, Texas 75240

 


Page 3 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

August 1, 2013 

6:00 PM

Johnnie Arolfo Civic Center, 400 West Walker Street

 

C.     Hold a public compliance hearing with possible action on BASC13-05 (211 Perkins Street), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary, including imposition of civil penalties, to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property located at 211 Perkins Street, League City, Texas 77573, legally described as a portion of Lots 8 and 9, Block 5 of the Galveston County Farms Subdivision, in League City, Galveston County, Texas, according to the map or plat thereof, recorded in Volume 192, Page 274 of the Map Records of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CLOSED ON 06-06-2013)

 

OWNERS/LIENHOLDERS

Mary Jennette Jackson Hunnicutt, 807 South Post Oak Lane, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 77573

Lester Housh Jackson, 807 South Post Oak Lane, Suite 214, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 77573

And 217 Perkins Avenue, League City, Texas 77573

And 3820 Danbury Drive #1906, Arlington, Texas 76016

Clifford A. Jackson, 3817 Richmond, Suite 100, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 7757

And 15721 Serendipity Trail, Plantersville, Texas 77363

Estate of Mable P. Jackson, c/o Mary J. Jackson Hunnicutt, 807 South Post Oak Lane, Houston, Texas 77056

 

D.     Hold a public hearing and take action on BASC13-06 (114 Houston 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 114 Houston Avenue, League City, Texas 77573, legally described as a portion of Lots 8 and 9, Block 2 of the Galveston County Farms Subdivision, in League City, Galveston County, Texas, according to the map as recorded in Volume 192, Page 275 of the Galveston County Clerk?s Records being located in and being out of the Stephen F. Austin Survey, Abstract No. 3, Galveston County, Texas. (PUBLIC HEARING WAS CONTINUED FROM 06-06-2013 MEETING)

 

OWNERS/LIENHOLDERS

Ronney M. and Charlotte A. Henson, P.O. Box 657, League City, Texas 77573

And 808 Moody Avenue, League City, Texas 77573

And 114 Houston Avenue, League City, Texas 77573

Mary Emma Swinney, P.O. Box 813, League City, Texas 77573

Gary B. Kivell, Trustee, The Fuhr Law Firm, 107 Landing Boulevard, Suite F, League City, Texas 77573

Mark E. Ciavaglia, P.O. Drawer 2789, Texas City, TX 77592

Jason L. Bailey, 1235 North Loop West, #600, Houston TX 77008

 


Page 4 of 4

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

August 1, 2013 

6:00 PM

Johnnie Arolfo Civic Center, 400 West Walker Street

 

E.     Hold a public compliance hearing with possible action on BASC13-07 (404 West FM 646), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary, including imposition of civil penalties, to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property located at 404 West FM 646, League City, Texas 77573, legally described as a portion of the western half of Lot 32, of Addition ?D? to the Town of Dickinson, in League City, Galveston County, Texas, according to the map thereof recorded in Volume 155, Page 10 in the Office of the County Clerk of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CLOSED ON 06-06-2013)

 

OWNERS/LIENHOLDERS

The Crown Enterprises, Inc., a Tennessee corporation, c/o P.O. Box 969, Kingsport, Tennessee 37662

And c/o Real Estate Department, P.O. Box 869, Warren, Michigan 48090-0869

The Crown Enterprises, Inc., Assignor, Attn: E. William King, VP and Treasurer, c/o P.O. Box 969, Kingsport, Tennessee 37662

Crown Enterprises, Inc., Attn: Barry Evans, Attorney at Law, 550 North Egret Bay Boulevard, Suite 100, League City, Texas 77573-2947

Crown Enterprises, Inc., Attn: Larry Jacobs, Portfolio Manager, 12225 Stephens Road, Warren, Michigan 48089

Comptroller of Public Accounts, Capital Station, Austin, Texas 78774

JP Morgan Interfunding Corporation, Beneficiary, Attn: Philip D. Weller, Trustee, 522 Fifth Avenue, New York, New York 10036

JP Morgan Interfunding Corporation, Assignee, Attn: B. Roland Palm, Manager, 522 Fifth Avenue, New York, New York 10036

And 237 Jefferson, Street, Centerport, New York 11721

The Mason and Dixon Tank Lines, Inc., Lessee, c/o P.O. Box 969, Kingsport, Tennessee 37662

Marshall, Bratter, Greene, Allison & Tucker, Attn: Benet Polikoff, Jr., Esquire, 430 Park Avenue, New York, New York 10022

Marshall, Bratter, Greene, Allison & Tucker, Attn: Carol Johnson, 430 Park Avenue, New York, New York 10022

 

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 26TH DAY OF JULY, 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.

 

__________________________________________                              ______________________________________

OSCAR AREVALO, CBO                                         MARK LINENSCHMIDT

BUILDING OFFICIAL                                             SENIOR PLANNER

 

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY, AUGUST 1, 2013 at 6:00 P.M.

JOHNNIE AROLFO CIVIC CENTER

400 WEST WALKER STREET

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

I.                   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                                       Janet Alleman

Amy Beasley, Vice Chair                                                                               

            Katie Benoit                                                                

            Elizabeth Scully

            Michael Hendershot*

            Charles Rosen**

           

City Representatives:

Lonzell Banks, Code Compliance Official

Frank LeBlanc, Code Compliance

Mark Linenschmidt, ZBA Liaison

Steve Weathered, City Attorney

 

*Mr. Christiansen activated Mr. Hendershot as a voting member of the Commission at the beginning of the meeting.

** Mr. Christiansen activated Mr. Rosen upon Ms. Beasley?s departure at 7:10 p.m.

 

II.                Approval of Minutes

 

A.     June 6, 2013

 

Mr. Christiansen made a motion to approve the minutes of June 6, 2013.

 

Ms. Beasley seconded the motion.

 

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

 

III.             Other Business

A.     Consider and take action on amending the Policies and Procedures for the Zoning Board of Adjustments (ZBA) to limit the number of public hearings per meeting and revise the time limit for appeal.

 

Mr. Christiansen stated that the revisions were to limit the number of public hearings to four (4), and the Chairperson would need to approve to have more than four public hearings on one agenda.

 

Mr. Mark Linenschmidt, Senior Planner, added that the four (4) public hearing limit would be subject to one agenda and reminded the Board that many meetings were held jointly between the ZBA and BASC, which would limit the number of hearings for the one meeting. In addition, he referenced the BASC policies and procedures with respect to formats of the public hearings while indicating that the city attorney, Mr. Weathered, suggested a minor revision to both policies and procedures. Mr. Linenschmidt then asked Mr. Weathered to speak on that subject.

 

Mr. Weathered referred to Page 2, under III. in the format for public hearings, and suggested adding, ?applicant may request additional time from the chairmen on a showing of good cause.?

 

Mr. Christiansen asked Mr. Weathered if the applicant would then have to show the specifics to continue to speak.

 

Mr. Weathered responded in the affirmative.

 

Mr. Christiansen asked for any questions from the Board.

 

Ms. Scully asked if the change would affect both policies and procedures.

 

Mr. Linenschmidt indicated that the format was already in the ZBA, policies in which staff was treating each board/commission separately, but with similar policies.

 

Ms. Scully asked if they could approve the change on the ZBA policies as well.

 

Mr. Linenschmidt responded that the Board could approve the changes subject to the city attorney?s request.

 

Mr. Christiansen asked for a vote in favor of the changes subject to the city attorney?s request.

 

The motion passed unanimously with a vote of 5-0-0 with the changes requested by the city attorney.

 

B.     Consider and take action on amending the Policies and Procedures for the Building and Standards Commission (BASC) to limit the number of public hearings per meeting and include a format for public hearings.

 

Mr. Christiansen asked for a vote in favor of the changes subject to the city attorney?s request.

 

The motion passed unanimously with a vote of 5-0-0 with the changes requested by the city attorney.

 

IV.             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 for the ZBA and 30 days for the BASC after the date of the decision rendered by this board/commission, or such time period as indicated by Section 216.014 Texas Local Government Code.

 

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

 

A.     Hold a fifth public compliance hearing with possible action on BASC13-02 (1018 Sunset), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary, including imposition of civil penalties, 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.(INITIAL PUBLIC HEARING WAS CONTINUED FROM 02-07-2013; INITIAL PUBLIC HEARING WAS CLOSED ON 03-07-2013; SECOND  HEARING WAS CLOSED ON 04-04-2013; THIRD HEARING WAS CLOSED ON 05-02-2013; FOURTH HEARING WAS CLOSED ON 06-06-2013)

 

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. Christiansen gave a brief history of the order made from the last meeting.

 

Mr. LeBlanc, Code Compliance Officer, updated the Commission on the case. He indicated that staff inspected the property that day and the Owner, Mr. Robbins, had complied with all of the outstanding issues. Mr. LeBlanc referenced the issuance of permits with their corresponding inspections by the Building Department, as well as the walk through by the Owner of the premises with the Fire Marshal?s Office. He presented images to the Commission showing the compliance.  Mr. LeBlanc noted that staff tested the water and flushed the toilets in the house. He concluded by recommending that the case be closed at this time.

 

Mr. Weathered asked if an order had been filed in the real property records.

 

Mr. Lonzell Banks, Code Compliance Official, responded in the affirmative.

 

Mr. Weathered recommended that an order be made to show the case was closed.

 

Mr. Weathered asked the Commission if they wanted  him to go through the order.

 

Mr. Christiansen responded in the affirmative.

 

Mr. Weathered summarized the order for the Commission.

 

Mr. Christiansen asked the Commission if there were any questions.

 

Ms. Scully asked if any administrative expenses incurred by the City would be dismissed.

 

There was a discussion regarding the administrative expenses and what fees the Owner would be required to pay. It was indicated that the Owner would be required to pay administrative costs plus costs identified by Code Compliance which would be attached with the order in the amount of $1,296.46.

 

Mr. Christiansen asked if the Commission was comfortable with the discussion on the order.

 

Mr. Christiansen called for a vote.

 

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

 

B.     Hold a public hearing and take action on BASC13-04 (2925 Forest Hills), 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 2925 Forest Hill, League City, Texas 77573, legally described as Lot 13, Block 5 of the Meadow Bend Subdivision, in League City, Galveston County, Texas, according to the replat thereof recorded in Volume 17, Pages 147 and 148 of the Map Records of Galveston County, Texas. (PUBLIC HEARING WAS CONTINUED FROM 03-07-2013 MEETING; PUBLIC HEARING WAS CONTINUED FROM 04-04-2013 MEETING; PUBLIC HEARING WAS CONTINUTED FROM 05-02-2013 MEETING; PUBLIC HEARING WAS CONTINUED FROM 06-06-2013 MEETING)

 

OWNERS/LIENHOLDERS

Charles D. and Patricia Mendel, 2925 Forest Hills Drive, League City, Texas 77573

Carey Frances Mendel, 105 Grand Maison Blvd., Mandeville, LA 70471

Heirs of the Estate of Charles Mendel, Deceased, 2925 Forest Hills Drive, League City, Texas 77573

      And 104 Grand Maison Blvd., Mandeville, LA 70471

David Mendel, 619 Oak Glen Drive, Kemah, Texas 77565

Kristen Marie Mendel, 13031 Park Crossing, #1104, San Antonio, Texas 78217

Pamela Ann Mendel, 13031 Park Crossing, #1104, San Antonio, Texas 78217

Citizens National Mortgage Corporation, 8787 Complex Drive, San Diego, CA 92123-1495

Norwest Mortgage, Inc., Norwest Loan No. 1810855, 405 SW 5th Street, Des Moines, IA 50309

Bank of America, N.A., Successor by merger to LaSalle Bank, N.A., Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I, LLC., Asset Backed Certificates, Series 2004-HE11by EMC Mortgage Corporation, Attn: Greg Allen, Vice President, 2780 Lake Vista Drive, Lewisville, Texas 75067

EMC Mortgage Corporation, % Brice Vander Linden & Wernick, PC, Attn: J. Daneice Villarreal, 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

Meadow Bend Homeowners Association/Houston Community Management, % Daughtry & Jordan, P.C., 17049 El Camino Real, Houston, Texas 77058-2630

Selim Taherzadeh ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

Steve Leva ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

David Moon ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

Suzy Chaney ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

Cara Featherstone ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243

         And Howard M. Reiner & Associates, Substitute Trustee, 3410 Mercer Street, Houston, Texas 77027

Howard M. Reiner & Associates, Attn: Howard M. Reiner, Administrator In the Estate of Charles Dudley Mendel, 3410 Mercer Street, Houston, Texas 77027

          And 5430 LBJ Freeway, Suite 1200, Dallas, Texas 75240

 

Mr. LeBlanc, Code Compliance Officer, stated that staff had not heard from the new mortgage service company. He indicated that their counsel had a conversation with Mr. Weathered but was not aware of what transpired.

 

Mr. Weathered indicated that he had not received anything written for a request of continuance. He added that he had a conversation with their counsel several weeks ago and forwarded copies of the agenda when the meeting location was moved, as well as copies from the file.

 

Mr. Christiansen asked if there was a representative from the mortgage company. There was none.

 

Mr. LeBlanc presented a brief summary of the case. He noted that the property has been secured in which conditions number 7 and 8 could be stricken from previous findings.

 

Ms. Benoit asked if utilities were still servicing the property.

 

Mr. LeBlanc responded that electrical and gas had been turned off, and there was no running water.

 

Ms. Scully asked what the value of the home was according to the Galveston County Appraisal District and the cost estimate previously provided.

 

Mr. LeBlanc confirmed that the previous mortgage company did provide a cost estimate. He noted that the Galveston County Appraisal District valued the house at $102,110.00 for the structure.

 

Ms. Beasley asked what the rule was regarding the value vs. cost in the consideration for a demolition.

 

Mr. Weathered responded that the 50% rule has been utilized in this area, particularly because the rule is used by FEMA (the Federal Emergency Management Agency); whereas, it was not necessarily a ?rule,? and that it is Commission?s duty to decide if the cost of repair exceeds the value of the structure.

 

There was a discussion regarding the conversation with the new mortgage company.

 

Mr. Hendershot asked staff if they had considered Finding #10.

 

Mr. Banks indicated that there were no indications of any foundation damage. He added there were no cracks from the mortar joints and the exterior was in good condition; the interior damage was a result of the roof leaking.

 

Ms. Benoit asked if the roof was in danger of collapse.

 

Mr. Banks responded in the negative and added that there was most likely some deterioration or rotting in the roof area.

 

Ms. Scully asked if city staff had a repair estimate performed for the structure.

 

Mr. LeBlanc responded in the negative.

 

Ms. Scully asked what staff?s recommendation for the property was.

 

Mr. Banks responded that staff would like to have the property either demolished or repaired but were awaiting a response from the representative on a decision regarding their repair analysis and appraisal. He added that staff has made the new owners aware of the meeting, and the owners are not in attendance at the meeting.

 

Ms. Beasley asked Mr. Weathered if the Commission could revisit the order based on the Owner?s response, if the Commission decided to order a demolition of the building.

Mr. Weathered indicated that the Owner?s next course of action could be to the courts.

 

There was a discussion regarding the Owner?s options under the ordinance and possibilities for the Commission to require the representative to repair the structure, as well as any actions should the order not be complied.

 

Mr. Christiansen stated that if there were no other questions by the Commission, he would move forward with the orders.

 

Item IV: Orders

 

Ms. Beasley indicated that the Commission would use the finding from a previous order whereby under findings, numbers 1, 3, 5, and 6 were marked, and numbers 2, 4, 7, thru 13 were non-applicable.

 

Item #1

Item was marked.

 

Item #2

Item was marked not applicable.

 

Item #3

Item was marked not applicable.

 

Item #4

Item was marked.

 

Item #5

Item was marked with ?September 10, 2013? filled in the bank and ?repair or demolition? marked in the blanks below.

 

Item #6

Item was marked not applicable.

 

Item #7

Item was marked not applicable.

 

Item #8

Item was marked not applicable.

 

Item #9

Item was marked with the date ?September 5, 2013? filled in the blank.

 

Item #10

Item was marked not applicable.

 

Item #11

Item was marked with the amount of $8,000 filled in the blank.

 

Item VI: Compliance

 

The item was marked as a compliance order.

 

Mr. Christiansen asked for any additional questions from the Commission.

 

Ms. Beasley made a motion to accept the order as previously commented.

 

Ms. Scully seconded the motion.

 

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

 

C.     Hold a public compliance hearing with possible action on BASC13-05 (211 Perkins Street), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary, including imposition of civil penalties, to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property located at 211 Perkins Street, League City, Texas 77573, legally described as a portion of Lots 8 and 9, Block 5 of the Galveston County Farms Subdivision, in League City, Galveston County, Texas, according to the map or plat thereof, recorded in Volume 192, Page 274 of the Map Records of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CLOSED ON 06-06-2013)

 

OWNERS/LIENHOLDERS

Mary Jennette Jackson Hunnicutt, 807 South Post Oak Lane, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 77573

Lester Housh Jackson, 807 South Post Oak Lane, Suite 214, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 77573

And 217 Perkins Avenue, League City, Texas 77573

And 3820 Danbury Drive #1906, Arlington, Texas 76016

Clifford A. Jackson, 3817 Richmond, Suite 100, Houston, Texas 77056

And 211 Perkins Avenue, League City, Texas 7757

And 15721 Serendipity Trail, Plantersville, Texas 77363

Estate of Mable P. Jackson, c/o Mary J. Jackson Hunnicutt, 807 South Post Oak Lane, Houston, Texas 77056

 

Mr. Christiansen indicated that staff had received an affidavit from Lester Jackson stating that he never had an interest in the property.

 

Mr. LeBlanc, Code Compliance Officer, presented the case to the Commission. He indicated that the Owners had shown a desire to coordinate with city staff and repair the structure, if financially feasible. Mr. LeBlanc stated that there had been no work performed on the structure at this time, pending the Owners receiving responses from contractors to repair the structure. He concluded that staff requested that the structure be repaired; if the repairs are not feasible, then staff would request the structure be demolished.

 

Jennette Hunnicutt, 5655 Briar Drive, Houston, Texas 77056, a partial owner of the house, indicated that she would like the structure to be repaired and indicated that Mr. Jackson was prepared to demolish the building. She also indicated that someone has contacted them to have a beauty parlor business in the structure. She asked for additional time to repair it for a business and added that they could go either way by means of repairing or demolishing the building.

 

Mr. Hendershot asked about the foundation of the house related to a picture in the presentation.

 

Mr. Jackson indicated that the pier and beam foundation would need to be repaired.

 

There was a discussion regarding the repair of the structure.

 

Mr. LeBlanc added that Mr. Linenschmidt was from the Planning Department and could shed some light and answer questions regarding the zoning of the property.

 

Mr. Linenschmidt was sworn in.

 

Mr. Linenschmidt stated that he would need to research the property and briefly discussed the zoning process. He continued by discussing how the property, if zoned residential, would need to be converted to commercial property, including requirements of a commercial building, such as parking, landscaping, ADA requirements.

 

Ms. Scully asked if it would be 6 to 8 more months before the request would go before the P&Z.

 

Mr. Linenschmidt responded that rezoning requests take approximately 3 months, but there are no guarantees until the City Council approves the meeting. This time would not include the necessary drawings to convert the site.. He added that city staff recommends that no significant money is expended until the applicants have City Council approval.

 

Mr. Christiansen asked Mr. Linenschmidt if there was a way he could confirm the zoning.

 

Mr. Linenschmidt indicated that he was looking it up as he spoke.

 

There was a discussion regarding what would happen to the structure in the meantime, while waiting on the rezoning  of the property, site plan, etc.

 

Ms. Benoit asked staff to look into the rezoning cost, if it were city initiated.

 

Mr. Linenschmidt responded that he would have to discuss it with the Director of Planning, since this would not be considered a city initiated zoning request, in which the overall waiver would have to be approved by City Council.

 

Ms. Scully made a motion to continue this item to the September 5, 2013 meeting.

 

Ms. Benoit seconded the motion.

 

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

 

D.     Hold a public hearing and take action on BASC13-06 (114 Houston 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 114 Houston Avenue, League City, Texas 77573, legally described as a portion of Lots 8 and 9, Block 2 of the Galveston County Farms Subdivision, in League City, Galveston County, Texas, according to the map as recorded in Volume 192, Page 275 of the Galveston County Clerk?s Records being located in and being out of the Stephen F. Austin Survey, Abstract No. 3, Galveston County, Texas. (PUBLIC HEARING WAS CONTINUED FROM 06-06-2013 MEETING)

 

OWNERS/LIENHOLDERS

Ronney M. and Charlotte A. Henson, P.O. Box 657, League City, Texas 77573

            And 808 Moody Avenue, League City, Texas 77573

            And 114 Houston Avenue, League City, Texas 77573

Mary Emma Swinney, P.O. Box 813, League City, Texas 77573

Gary B. Kivell, Trustee, The Fuhr Law Firm, 107 Landing Boulevard, Suite F, League City, Texas 77573

Mark E. Ciavaglia, P.O. Drawer 2789, Texas City, TX 77592

Jason L. Bailey, 1235 North Loop West, #600, Houston TX 77008

 

Mr. Christiansen gave a brief summary of the order and added that the Owner passed away on July 13, 2013.

 

Mr. LeBlanc, Code Compliance Officer, noted that no additional repairs had been made, but that Ms. Henson was in attendance.

 

Ms. Ronnie Henson, 808 Moody, League City 77573, stated that she would have a representative speak for her.

 

Mr. Harry, Tuton, 605 Francis Ct. League City, 77573, an ex-patient and close friend of the late Dr. Henson stated that they have changed plans and will demolish the building. He added that they would need some time, as Dr. Henson?s life work is in the building and requested 90-days to remove all of the items from the structure. He indicated that they could have the structure demolished by October 1st.

 

Mr. Christiansen asked if there were any other questions.

 

Mr. LeBlanc indicated that the city had no objection and that they requested that the property be maintained until the structure is demolished, and staff would like to have the two broken windows boarded up.

 

Mr. Tuton responded that he would have those windows covered.

 

Mr. Weathered indicated that his documentation noted that there were no findings made on the previous meeting.

 

Mr. Christiansen confirmed there were no findings and requested that the city present their information.

 

Mr. LeBlanc presented the case to the Commission. Mr. LeBlanc indicated that items 1, 3, 4, 5, 6, 7, 11 and 12 were applicable and items 2, 8, 9, 10 and 13 were not applicable to the structure.

 

Mr. Christiansen asked if the Commission had any additional questions and if everyone was in agreement with the findings presented. Mr. Christiansen moved on to Item IV.

 

Item IV: Orders

 

Item #1

Item was marked not applicable.

 

Item #2

Item was marked with ?August 8th? filled in the blank.

 

Item #3

Item was marked not applicable.

 

Item #4

Item was marked.

 

Item #5

Item was marked with ?October 3, 2013? filled in the bank and marked for demolition.

 

Item #6

Item was marked not applicable.

 

Item #7

Item was marked not applicable.

 

Item #8

Item was marked not applicable.

 

Item #9

Item was marked with the date ?October 3, 2013? filled in the blank.

 

Item #10

Item was marked with the condition that ?if the demolition is completed by October 3, 2013, the Owner does not need to appear?.

 

Item #11

Item was marked not applicable.

 

Item VI: Compliance

 

The item was marked as a final order.

 

Mr. Christiansen asked for a vote if the Commission was in agreement with the order.

 

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

 

Mr. Weathered asked for a recess to sign the order and provide it to the property owner.

 

Mr. Christiansen called for a 5 to 10 minute recess at 7:44 p.m.

 

Mr. Christiansen called the meeting back to order at 7:54 p.m.

 

E.     Hold a public compliance hearing with possible action on BASC13-07 (404 West FM 646), to determine whether a building or structure is a dangerous building, and issue any order(s) determined necessary, including imposition of civil penalties, to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property located at 404 West FM 646, League City, Texas 77573, legally described as a portion of the western half of Lot 32, of Addition ?D? to the Town of Dickinson, in League City, Galveston County, Texas, according to the map thereof recorded in Volume 155, Page 10 in the Office of the County Clerk of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CLOSED ON 06-06-2013)

 

OWNERS/LIENHOLDERS

The Crown Enterprises, Inc., a Tennessee corporation, c/o P.O. Box 969, Kingsport, Tennessee 37662

            And c/o Real Estate Department, P.O. Box 869, Warren, Michigan 48090-0869

The Crown Enterprises, Inc., Assignor, Attn: E. William King, VP and Treasurer, c/o P.O. Box 969, Kingsport, Tennessee 37662

Crown Enterprises, Inc., Attn: Barry Evans, Attorney at Law, 550 North Egret Bay Boulevard, Suite 100, League City, Texas 77573-2947

Crown Enterprises, Inc., Attn: Larry Jacobs, Portfolio Manager, 12225 Stephens Road, Warren, Michigan 48089

Comptroller of Public Accounts, Capital Station, Austin, Texas 78774

JP Morgan Interfunding Corporation, Beneficiary, Attn: Philip D. Weller, Trustee, 522 Fifth Avenue, New York, New York 10036

JP Morgan Interfunding Corporation, Assignee, Attn: B. Roland Palm, Manager, 522 Fifth Avenue, New York, New York 10036

            And 237 Jefferson Street, Centerport, New York 11721

The Mason and Dixon Tank Lines, Inc., Lessee, c/o P.O. Box 969, Kingsport, Tennessee 37662

Marshall, Bratter, Greene, Allison & Tucker, Attn: Benet Polikoff, Jr., Esquire, 430 Park Avenue, New York, New York 10022

Marshall, Bratter, Greene, Allison & Tucker, Attn: Carol Johnson, 430 Park Avenue, New York, New York 10022

 

Mr. Christiansen read a letter from the Owner requesting a continuance of the case and working with a potential tenant of the site, determining their need as well as potential costs to the facility in which retaining quotes from contractors was hindering the process.

 

Mr. Christiansen added that the Owner has complied with the demolition of the roof and  the loading dock.

 

Mr. Christiansen asked if any of the Commissioners had comments.

 

Mr. Rosen asked how long the continuance would be requested.

 

Ms. Scully responded that the continuance would be for 30 days, as requested in the letter to the Commission.

 

Ms. Scully made a motion to continue the item until the September 5, 2013 meeting.

 

Mr. Rosen seconded the motion.

 

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

 

VI.              Adjournment

 

Ms. Benoit made a motion to adjourn the meeting.

 

Ms. Scully seconded the motion.

 

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

 

      Mr. Christiansen adjourned the meeting at 8:01 p.m.

 

 

 

 

 

 

 ___________________________________             ______________________________

Lonzell Banks                                                   James R. Christiansen,

Code Compliance Official                                           Chairperson, Zoning Board of Adjustment/           

                                                                          Building and Standards Commission          

 

Date minutes approved: ___________________