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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

September 5, 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.     August 1, 2013

 

III.             The Swearing in of Speakers and Witnesses

 

IV.              New Business

A.     Consider and take action on an Appeal to Administrative Official Application ZBA13-01 (2700 FM 518), a general appeal by Dennie Teer, to the interpretation by the City Planner that the nonconforming use of Self Storage was abandoned and may not be reestablished under Sec. 125-191.C.

 

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

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application, ZBA13-02 (League City Fire Training Center), a variance request to the height requirements of the “PS” (Public / Semi-Public) Zoning District (Schedule 125-74.C) on approximately .94 acres, located east of Kansas Avenue across from the Township Subdivision with the address of 911 Kansas Avenue, League City, Texas.

 

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

A.     Hold a second public compliance hearing with possible 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, 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 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; PUBLIC HEARING WAS CONDUCTED ON 08-01-2013 MEETING) WITH FINDINGS MADE AND CONTINUED FROM COMPLIANCE TO DETERMINE WHETHER REPAIR, DEMOLITION OR OTHER REMEDIES WARRANTED.

 

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

 

Page 2 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

September 5, 2013 

6:00 PM

City Council Chambers, 200 West Walker Street

 

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

 

B.     Hold a third 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; SECOND  HEARING WAS CONTINUED ON 08-01-2013)

 

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

 

 

 

Page 3 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

September 5, 2013 

6:00 PM

City Council Chambers, 200 West Walker Street

 

C.     Hold a third 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; SECOND HEARING WAS CONTINUED ON 08-01-2013)

 

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

 

VII.           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 30TH DAY OF AUGUST, 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.

 

 

__________________________________________                              ______________________________________

LONZELL BANKS, CCO                                         MARK LINENSCHMIDT

CODE COMPLIANCE OFFICIAL                          SENIOR PLANNER


MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY, SEPTEMBER 5, 2013 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER STREET

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

I.                   Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:04 p.m.

 

Members present:                                                       Members absent:

James R. Christiansen, Chair                                       Janet Alleman

Amy Beasley, Vice Chair                                            Michael Hendershot                            

Katie Benoit                                                                 Charles Rosen                         

Elizabeth Scully

           

City Representatives:

Lonzell Banks, Code Compliance Official

Frank LeBlanc, Code Compliance

Wes Morrison, City Planner

Mark Linenschmidt, ZBA Liaison

Steve Weathered, City Attorney

 

II.                Approval of Minutes

 

A.     August 1, 2013

 

Mr. Christiansen made a motion to approve the minutes of August 1, 2013.

 

Ms. Beasley seconded the motion.

 

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

 

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 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.

 

IV.              New Business

 

A.     Consider and take action on an Appeal to Administrative Official Application ZBA13-01 (2700 FM 518), a general appeal by Dennie Teer, to the interpretation by the City Planner that the nonconforming use of Self Storage was abandoned and may not be reestablished under Sec. 125-191.C.

 

Wes Morrison, City Planner, stated to the Board that the applicant has requested to table this item because he was unable to be here tonight. He added that, as a courtesy, staff was willing to table the item, if that was the Board’s desire. Otherwise, staff was prepared to present the item.

 

Mr. Christiansen asked the Board if there were any concerns about tabling the item for 30 days. There being none, Mr. Christiansen called for the vote.

 

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

 

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

 

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application, ZBA13-02 (League City Fire Training Center), a variance request to the height requirements of the “PS” (Public / Semi-Public) Zoning District (Schedule 125-74.C) on approximately .94 acres, located east of Kansas Avenue across from the Township Subdivision with the address of 911 Kansas Avenue, League City, Texas.

 

Mr. Morrison presented the item to the Board. He noted that the city was proposing to construct a fire training center and that the Historic District Commission granted a certificate of appropriateness for the structure, but the variance is to be decided by the Board.  He briefly summarized the variance tests from the staff report.

 

Ms. Beasley asked who set the 40-foot height limit for training.

 

Mr. Morrison replied that it was a national standard for training.

 

Ms. Beasley asked Mr. Morrison to verify that the national standard is the hardship, and that it is possible when the existing fire train center was constructed, the national standard was 37 feet.

 

Mr. Morrison replied in the affirmative regarding the hardship; however, he did not know the national standard at the time the previous structure was built. He added that the Fire Chief and Assistant Fire Chief informed him that the current national standard is 40-feet in height.

 

Mr. Christiansen asked if there were any more questions for staff. There were none.

 

Mr. Christiansen opened the public hearing at 6:16 p.m.

 

Ms. Kathy Maddox, 701 Township, League City, Texas 77573, asked if there would be any more flood lights on the property.

 

Mr. Morrison stated that the last time he spoke with the Fire Chief, they had not addressed the lighting standards, and the Chief did not think that any additional lighting would be needed.

 

Mr. Morrison also noted that the lighting was a concern for the Historic District Commission as well, and he asked staff to work with adjacent property owners.  He could not confirm any additional lighting on the site.

 

Ms. Scully asked if staff would coordinate with the owner to make sure the lighting was not intrusive, if it was determined that additional lighting would be required,

Mr. Morrison responded in the affirmative.

 

Ms. Scully then asked for confirmation that the Historic District had approved a certificate of appropriateness.

 

Mr. Morrison responded in the affirmative.

 

Mr. Christiansen asked for any additional comments from the public. There were none. Mr. Christiansen closed the public hearing at 6:17 p.m.

 

Mr. Christiansen stated the Board will need to go down the lists of tests from the Variance Findings Form.

 

Test #1: Such variance will not be contrary to the public interest. 

True: 4   False:  0

 

Test #2: Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance sought is located.

True: 4   False:  0

 

Test #3: Such variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

True: 4   False:  0

 

Test #4: Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought.

True: 4   False:  0

 

Test #5: Such variance will be in harmony with the spirit and purposes of this Ordinance.

True: 4   False:  0

 

Test #6: The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to, or the result of, general conditions in the district in which the property is located.

True: 4   False:  0

 

Test #7: The variance will not substantially weaken the general purposes of this Ordinance or the regulations herein established for the specific district.

True: 4   False:  0

 

Test #8: The variance will not adversely affect the health, safety, and welfare of the public.

True: 4   False:  0

 

Mr. Christiansen stated that, based on the votes of the eight tests, the variance is approved and that he would sign the form as such.

 

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

A.     Hold a second public compliance hearing with possible 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, 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 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; PUBLIC HEARING WAS CONDUCTED ON 08-01-2013 MEETING) WITH FINDINGS MADE AND CONTINUED FROM COMPLIANCE TO DETERMINE WHETHER REPAIR, DEMOLITION OR OTHER REMEDIES WARRANTED.

 

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 the property had been inspected and a cost estimate for repairs was performed for the structure. Chase Bank also provided cost of repair estimate prior to it changing to a new mortgage company. The structure is in the same condition as in the previous hearing. The property was recently mowed by a contractor hired by the city.

 

Ms. Scully asked if staff had any communication from the new mortgage company.

 

Mr. LeBlanc responded that the new mortgage company has not made any contact.

 

Ms. Benoit asked if the mortgage company has mowed the property or attempted to maintain the property.

 

Mr. LeBlanc responded in the negative. He added that the City had the property mowed about two weeks ago.

 

Mr. LeBlanc stated that the value of the structure is $102,110. The land value is not included in that cost.

 

Ms. Benoit asked to clarify, if the Chase evaluation was commissioned and paid for by the mortgage company.

 

Mr. LeBlanc responded in the affirmative.

 

Ms. Scully asked if this evaluation was done prior to the property changing hands with the new mortgage company.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Banks, Code Compliance Official, noted that the Galveston County Appraisal District has been provided with documentation to assist in the reappraisal of the structure. The reappraisal will be included in the new tax roll which will be available on September 9, 2013.

 

Mr. Christiansen asked if the mortgage company posted an $8000 surety bond as ordered in the previous meeting.

 

Mr. LeBlanc responded that the mortgage company did not comply with that order.

 

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

 

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

 

The Commission would use the finding from a previous order whereby under findings, Section III subparagraph D, of the August 1, 2013 order.

 

Item III: Findings

 

Owner has failed to comply and evidence provided to the Commission of the cost of repairs justifies demolition. The owner also failed to provide surety bond as ordered and to appear at the September 5, 2013 hearing as ordered.

 

Item #1

Item was not marked.

 

Item #2

Item was not marked.

 

Item #3

Item was not marked.

 

Item #4

Item was not marked.

 

Item #5

Item was marked with a repair or demolition date no later than October 3, 2013 unless the mortgage show cause on why the structure should not be 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 order to appear to compliance hearing on October 3, 2013.

 

There was a discussion regarding civil penalty fees to be assessed for non-compliance.

 

Ms. Scully made a motion to go into Executive Session for discussions with the City Attorney.

 

Ms. Beasley seconded the motion.

 

The motion passed unanimously.

 

Mr. Christiansen declared that the Building and Standards Commission would go into Executive Session at 6:55 p.m.

 

Mr. Christiansen reconvened the Building and Standards Commission from Executive Session at 7:07 p.m.

 

Item #10

Item was marked with the following conditions: 1) The owner needs to show cause why the building should not be demolished; 2) Why a surety bond was not posted; 3) Why property has not been maintained; and 4) Why owner or representative has failed to appear.

 

Item #11

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

 

Item V: Order

 

Item #1

The item was marked as to be determined.

 

Item #2

The item was marked as to be determined.

 

Item VI: Compliance

 

Item #1

Item was marked.

 

Item #2

Item was marked.

 

Item #3

Item was marked.

 

Item #4

Item was marked assessing civil penalties of $1000 per day from September 5, 2013. This property is not a homestead so it was marked not applicable.

 

Item #5

Item was marked to be determined. This will be the final order unless otherwise noted.

 

Mr. Christiansen made a motion to accept the order as previously commented.

 

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

 

B.     Hold a third 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; SECOND  HEARING WAS CONTINUED ON 08-01-2013)

 

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. LeBlanc, Code Compliance Officer, presented the case to the Commission. He indicated that the Owners attended a meeting with city staff in regards to rezoning the property. The property owner will not be able to attend the hearing tonight. The property owners are requesting a continuance to rezone the property. Staff is recommending 30 days continuance.  

 

Mr. Christiansen made a motion to accept the request for a continuance.

 

Ms. Beasley made a motion to accept that request.

 

Ms. Scully seconded the motion.

 

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

 

C.     Hold a third 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; SECOND HEARING WAS CONTINUED ON 08-01-2013)

 

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. LeBlanc, Code Compliance Officer, presented the case to the Commission. He indicated that the Owners were to provide plan of action and timeline for repairs or demolition. He has been in contact with the property owner, who is attempting to lease the property. They have reached an agreement with Tommy Gas of Gas Automotive for a lease, depending on certain conditions being met. Adam Finn, with Crown Enterprises, Inc., will provide a cost estimate to do all repairs.

 

Charles Jenkins, Structural Engineer, 705 E Shore Drive, Clear Lake Shores, TX 77565, was contacted by Mr. Finn. He has a letter of authorization to speak on the behalf of the owner in regards of the repairs. He also has a letter of intent to lease the property, signed by Raymond Gas and the representative of Crown Enterprises. Exhibit A addresses repairs to be made to the building and certain terms such as the tenant monthly rate and a list of improved items.

 

Ms. Scully asked if he has a timeline for these repairs.

 

Mr. Jenkins answered that the documents may have a timeline. The dangerous part of the roof has been demolished, as requested by the commission. The document also provides Mr. Finn’s contact information if there are questions Mr. Jenkins is unable to answer.

 

Ms. Beasley asked if Mr. Jenkins created the list of items to be improved.

 

Mr. Jenkins replied that he did not create the list of improvement items.

 

Ms. Scully asked staff if they have examined the list.

 

Mr. Banks replied that staff had not seen the list and asked if there is a cost estimate associated with the list.

 

Ms. Scully replied that there is neither cost estimate nor timeline for the repairs included in the letter.

 

Mr. Banks asked who should enforce the agreement to repair the property.

 

Ms. Scully replied that the lease agreement states the lessee is responsible to do the repairs.

 

Item III: Findings

Property owner provided a letter of intent which outlines an agreement to move forward with repairs on the day of the hearing.

 

Item V: Order

 

Item #1

The item was not marked.

 

Item #2

The item was not marked.

 

Item VI: Compliance

 

Item #1

Item was marked.

 

Item #2

Item was marked.

 

Item #3

Item was marked.

 

Item #4

Item was not marked.

 

Item #5

Item was marked property owner are to attend compliance meeting on October 3, 2013. On or before September 30th staff shall be provided with a report showing a detail cost estimate and time table for repairs.

 

Mr. Christiansen made a motion to accept the compliance order.

 

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

 

VII.           Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Ms. Benoit seconded the motion.

 

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

 

Mr. Christiansen adjourned the meeting at 7:46 p.m.

 

 

 

 ___________________________________             ______________________________

Lonzell Banks                                                             James R. Christiansen,

Code Compliance Official                                         Chairperson, Zoning Board of Adjustment/ 

                                                                                    Building and Standards Commission

 

Date minutes approved: ___________________