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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

October 3, 2013

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

 

II.                Other Business

A.     Consider and take action on the Zoning Board of Adjustments / Building and Standards Commission meeting dates for 2014.

 

III.             The Swearing in of Speakers and Witnesses

 

IV.              Items Tabled and Subject to Recall (ZBA)

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 (BASC)

A.     Hold a fourth public compliance 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; PUBLIC HEARING WAS CONDUCTED ON 08-01-2013 MEETING WITH FINDINGS MADE AND CONTINUED FOR COMPLIANCE TO DETERMNE WHETHER REPAIR, DEMOLITION OR OTHER REMEDIES WARRANTED; PUBLIC HEARING WAS CLOSED ON 09-05-2013)

 

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

Page 2 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

October 3, 2013 

6:00 PM

Council Chambers, 200 West Walker Street

 

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; PUBLIC HEARING WAS CONTINUED ON 09-05-2013)

 

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

 

C.     Hold a fourth 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 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 CONTINUED FROM

06-06-2013; PUBLIC HEARING WAS CONTINUTED FROM 08-01-2013 MEETING; PUBLIC HEARING WAS CLOSED ON 09-05-2013)

 

Page 3 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

October 3, 2013 

6:00 PM

Council Chambers, 200 West Walker Street

 

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 27TH DAY OF SEPTEMBER, 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                                                    MARK LINENSCHMIDT

CODE COMPLIANCE OFFICIAL                          SENIOR PLANNER

 

 

 

 

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY, OCTOBER 3, 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 6:07 p.m.

 

Members present:                                                       Members absent:

James R. Christiansen, Chair                                      Janet Alleman

Amy Beasley, Vice Chair                                                                              

Katie Benoit**                                                                                                           

Elizabeth Scully

Michael Hendershot*

           

City Representatives:

Lonzell Banks, Code Compliance Official

Frank LeBlanc, Code Compliance

Wes Morrison, City Planner

Steve Weathered, City Attorney

 

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

**        Ms. Benoit arrived at the meeting at 6:10 p.m.

 

II.                Other Business

A.     Consider and take action on the Zoning Board of Adjustments / Building and Standards Commission meeting dates for 2014.

 

Mr. Christiansen asked for a motion since there was no discussion.

 

Ms. Beasley made a motion to accept the 2014 ZBA/BASC meeting dates as presented.

 

Ms. Scully 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 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.             Items Tabled and Subject to Recall (ZBA)

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 item was tabled at the applicant’s request because he was unable to attend the meeting. The applicant had let staff know earlier in the week that he would not be available for tonight’s meeting, in order to have more time to present the case. Mr. Morrison informed Mr. Teer that the Board takes the cases fairly quickly and that it would be up to the Board to either proceed or table the item until November. He indicated that he was to present if that was the Board’s decision.

 

Mr. Christiansen asked the Board if there were any comments from the Board members and indicated that he was ready to hear the case.

 

Ms. Beasley stated that she did not see any harm in allowing the applicant to present his case and that it sounded like he would be ready by November.

 

Mr. Morrison stated that the applicant asked for more time. He added that there was nothing within the Zoning Ordinance that required the Board to hear the item in a certain number of days, only a requirement to get information to the Board, which staff has done.

 

Ms. Beasley suggested that the Board hear the case all at one time.

 

Ms. Scully asked if the applicant requested another 30 days.

 

Mr. Morrison responded in the affirmative.

 

Ms. Scully asked if the applicant made the request earlier in the week.

 

Mr. Morrison responded in the affirmative and added that he did respond via e-mail that he would present the request to the Board and that the Board would decide to hear the case or not.

 

Mr. Christiansen made a motion for the item to remain tabled until the next meeting.

 

Ms. Beasley seconded the motion.

 

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

 

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

A.     Hold a fourth 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; PUBLIC HEARING WAS CLOSED ON 09-05-2013)

 

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. Christiansen read from the packet. A hearing was held on August 1, 2013 by this board and found conditions 1, 3, 5, & 6 existed and conditions 2, 4, 7, 8, 9, 10, 11, 12, & 13 were not applicable. The Building & Standards Commission ordered that a compliance hearing be set for September 5, 2013 for a status compliance report and that the owners post a cash surety bond of $8000 to cover the estimated cost of demolition. The hearing was held September 5, 2013 and there was no one present to represent the property located at 2925 Forest Hills Drive. The compliance order was signed and the owners were ordered to appear at this meeting on October 3, 2013 to show cause for the following: why the building should not be demolished; why the surety bond was not posted; why the property has not been maintained; and why the owner or representative has failed to appear. The owner was assessed civil penalties of $1000 per day starting September 5, 2013.

 

Mr. Christiansen stated that the Building & Standards Commission should move forward and decide what action the Commission should take.

 

Mr. Christiansen asked if the owners were present this evening to establish their case. There were none.

 

Mr. Christiansen asked if the city had anything else to say.

 

Frank LeBlanc, Code Compliance Officer, responded no.

 

Mr. Christiansen stated that based on the city not having anything else to add, the Board will move forward with the orders.

 

Mr. Hendershot asked, before processing with the demolition orders, if the city had any recent photos of the structure that might help with the evaluation of whether or not the structure can be repaired or demolished. 

 

Mr. Christiansen asked the city to present any recent pictures they have.

 

Ms. Scully requested the glaring lights be removed from the photos.

 

Mr. LeBlanc stated that he went out today to look at the property to see if there had been changes to the condition of the structure. He briefly described the photos presented to the Commission.

 

Ms. Beasley asked if they were maintaining the grass or if the city is doing that.

 

Mr. LeBlanc responded that at the last hearing the city had to cut the grass. When he went out today to the property, the grass is not over 12” so the property is not in violation. The property owner is not maintaining it at this time.

 

Ms. Benoit asked for the city to confirm that all notices of this hearing and penalties were distributed to the owners and lien holders via certified mail and the city received their receipts back.

 

Mr. LeBlanc confirmed all the notices were sent, but not all receipts have come back.

 

Mr. Weathered asked for confirmation that a part of the Commission’s file from a previous hearing indicated a GCAD evaluation of the property for $102,110 for 2013.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Weathered asked for confirmation that the land value is $23,520, cumulating of total structure and land value of $125,630.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Weathered asked if on August 29, 2013 the Commission received a repair proposal, which has been tendered to the city and part of the Commission’s file, from Jesus Reyna Construction indicating his estimate cost of repair is $61,900.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Weathered asked if staff had also received a Chase Residential Broker opinion as well on this property, which indicated the value of the structure based upon last sale of subject was $99,999.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Weathered asked if the city has received any contact based upon the original notices that were given including the posting on the front yard and door, notice in the newspaper, and the notices pursuant to the deed records of Galveston County. He asked for confirmation that the city received no response from the owners or lien holders, other than the response received from the attorney that was mentioned in the records.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Weathered asked if the city is maintaining the grass.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Weathered asked if the city has taken any other actions regarding the building.

 

Mr. LeBlanc stated that the city had to board up the structure.

 

Mr. Weathered asked if the city had to secure the building.

 

Mr. LeBlanc responded in the affirmative.

 

Mr. Weathered asked if it hadn’t been boarded up, would the structure be opened to the public and children.

 

Mr. LeBlanc responded in the affirmative.

 

Ms. Scully asked if the Commission had already addressed civil penalties and if, by doing a final order to demolish, does the Commission still implement additional civil penalties to the owner.

 

Mr. Weathered replied yes. He added that it is within the discretion of the Commission, and the civil penalties are there to gain compliance with the order. It is made to be an attention getter. Obviously, based upon the lack of appearance or response, the city hasn’t received that compliance. The Commission has ordered $1000 per day, and Mr. Weathered did not total it up for tonight, as to what that would be. There will be a blank to fill in as the Commission proceeds if they decide to total it up.

 

Ms. Scully asked if the Commission makes this a final order for demolition, can the box still be checked at the Commission’s discretion.

 

Mr. Weathered responded in the affirmative. The form is made such as that it assumed the Commission will confirm and establish civil penalties that have already been adjudicated.

 

Ms. Beasley asked if the Commission makes this a final order to demolish, will the civil penalties continue to accumulate or will they end.

 

Mr. Weathered replied that it’s within the Commission’s discretion; however, his thought was that the Commission would determine whether or not further civil penalties are warranted to gain compliance or whether or not it’s a lost cause, in order to proceed with a final order. In other words, the Commission can’t keep assessing civil penalties after there’s a final order. Final orders mean it’s final.

 

Mr. Christiansen asked if the evidence provided to the Commission regarding the cost of repairs in related value of the building justifies demolition.

 

Ms. Scully stated that if the Commission is looking at the GCAD cost compared to repair cost, it meets the criteria.

 

Ms. Beasley added that it not only meets the estimate, but also the mortgage servicer estimate that was previously provided.

 

Mr. Christiansen asked Mr. Weathered if Page 4 is where the Commission would assess the additional civil penalties.

 

Mr. Weathered replied that since in previous orders the Commission had to write it in on the orders, he created an extra space. He also made an additional change to the form; on #4 the Commission had to write on the prior orders to say “see prior orders,” now have there is a box to check for that.

 

Ms. Scully asked if the Commission needed to put the dates of the prior orders, since one was for the surety bond another was for the civil penalties of $1000 per day on all prior orders.

 

It was agreed that is should say “all prior orders.”

 

Ms. Benoit asked if Item #1 is marked N/A, does it allow staff to go and periodically check to see if the building is still secured.

 

Mr. Weathered replied that if staff needed to gain entry, they would be required to get an administrative warrant to gain entrance.

 

Mr. Hendershot asked if Item #4 is N/A because the building is already posted.

 

Commission responded in the affirmative. 

 

Ms. Scully asked if in Item #5 the Commission typically gives 30 days and would the city be satisfied with a date 30 days from the date of this hearing.

 

Mr. LeBlanc responded in the affirmative.

 

There was a decision in regards to VI Compliance Item #4. 

 

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 demolition with a date marked no later than November 4, 2013.

 

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 not applicable.

 

Item #10

Item was marked not applicable.

 

Item #11

Item was marked previous determined.

 

V: Special Additional Findings for Demolish if Applicable

 

Item #1

Item was marked.

 

Item #2

Item was marked.

 

VI: Compliance

 

Item #1

Item was marked.

 

Item #2

Item was marked.

 

Item #3

Item was marked.

 

Item #4

Item was marked. The Commission imposed $1000 per day a total of $28,000.

 

Item #5

Item was marked. Staff will prepare an itemized listing of the cost and expenses including the $28,000 determined by the Commission.

 

Item #7

Item was marked. This is a Final Order.

 

Ms. Benoit asked what happens now.

 

Mr. Weathered replied that there will be a summary of the Order published in the newspaper. It will be placed on file with the city. The owner is notified by the publication and will be given a specific amount of time to comply with the order. Then, the city will make a determination whether or not it has sufficient funds to demolish the building and if the building should be demolished. Also, during that time an appeal could be filed in district court, and the Commission will check to see if an appeal has been filed before advising the city to proceed, in the event there is no compliance from the owner.

 

Mr. Hendershot asked if the demolition will include the driveway and slab.

 

Mr. Weathered replied that city code includes removal of the slab. The Final Order is filed in County records, so any subsequent owner or potential owner will be aware of city liens for these proceedings.

 

Ms. Beasley asked if the city has budget funds to demolish buildings.

 

Mr. Banks responded in the affirmative.

 

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

 

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

 

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 an inspection was done on the building, and it is in the same condition. The building has not been repaired nor demolished. He spoke with Mr. Jackson yesterday, and Mr. Jackson indicated that he would not be able to attend the hearing tonight due to being out of town. Ms. Hunnicutt was present tonight to explain what their plans are for the building. Staff has spoken with Mark Linenschmidt, in the Planning & Zoning Department, to verify if any application had been submitted for the rezoning of the property. None has been submitted. Staff recommends that the property owner repair the structure or demolish the structure if unable to make the repairs.

 

Jennette Hunnicutt, 5655 Briar Drive, Houston, Texas 77056, indicated that her brother and she met with the Planning staff, and they were given an application to rezone the property. If they chose to rezone, then they would rezone as commercial. Ms. Hunnicutt plans to fix the house while they apply for rezoning, and she has a bid to restore the house for $30,000. She does not want to demolish the house, but she does have a contractor who can demolish if it is ordered to do so. They have also received information to move the structure out of the city to Bacliff, since they own land in that city, too.  She has received two bids for purchase of the house, but Ms. Hunnicutt does not want to sell the house.

 

Ms. Benoit asked if she is prepared to hire someone to pull permits and start repairs.

 

Ms. Hunnicutt responded in the affirmative.

 

Ms. Scully asked Ms. Hunnicutt if she understood that if the property is repaired and rezoned to commercial, if Ms. Hunnicutt understands that additional work will be required for the structure.

 

Ms. Hunnicutt responded in the affirmative. She has contacted a plumber and electrician for a commercial remodel.

 

Ms. Scully stated to Ms. Hunnicutt that the property, if commercial, will require more parking spaces which would mean less green space, and it would have to be ADA compliant which means that the doors have to be widened and a ramp would need to be installed.

 

Ms. Hunnicutt asked if she would need to be ADA compliant for a business like a lawyer’s or doctor’s office.

 

Ms. Scully responded in the affirmative and asked when the rezoning application will be turned in.

 

Ms. Hunnicutt responded that her brother was out of town for the last meeting, and he will be out of the country for three weeks. Once he comes back, the application to rezone will be turned in. Meanwhile, she will start on the repairs of the house. She will demolish the house if ordered by the Commission. In the meantime, she is still receiving offers to purchase the house.

 

Ms. Benoit asked if the structure is on the BASC Dilapidated Structure list due to the support beams being structurally unsafe. If the beams are replaced, would that satisfy the city to remove it from the Dilapidated Structure list.

 

Mr. Banks responded that there are structural issues with the house. The replacement of the beams will offset some of the other structural members of the house. The house also has missing columns on the backside of the house on the covered porch. There is currently no support for the covered porch. The city has photos if the Commission needs to view them.

 

Ms. Hunnicutt added that once the beams are repaired, the sheetrock will need to be replaced along with other interior repairs unless she receives a very attractive offer to purchase the house.

 

Ms. Beasley asked if the repairs are the main issue and not the rezoning. If the property owner makes all the necessary repairs, would the structure be removed from the Dilapidated Structure list.

 

Mr. Banks responded in the affirmative. He added that if the property owner manages to make all the necessary repairs and bring the house up to code, then yes, the city would remove it off the list.

 

Ms. Beasley asked if structural issues are taken care of, could the applicant then decide if she wants to rezone.

 

Mr. Banks responded in the affirmative. The house will need to be entirely brought up to code.

 

Ms. Hunnicutt asked if the Commission was familiar with Marsh.

 

Mr. Banks responded in the affirmative. Marsh has been involved with a previous case in which they offered to move a dilapidated structure to another part of the city, which was rejected due to it not being a solution to the dilapidated structure.

 

Ms. Hunnicutt stated that she will fix the house, not move the structure.  She also asked if  the Commission has a list of levelers.

 

Ms. Benoit recommended that the Owner ask her neighbors.

 

Ms. Scully also recommended that the Owner to talk with her insurance agent because they may have a list of contractors.

 

Mr. Banks responded that the Building Department does have a list but cannot recommend any contractors to the property owner.

 

Ms. Scully asked if the Commission decides tonight to have the structure repaired, how much time will be needed.

 

Ms. Hunnicutt responded that she hopes it will only take 30 days. She also asked if she would need to cut the cedar trees down to demolish the structure.

 

Ms. Benoit responded the contractor may need to remove the trees to bring in their machines to do the job.

 

Ms. Scully responded that the owner should also speak with her insurance company regarding her concerns.

 

Ms. Hunnicutt stated that if the Commission orders demolition, would she need to have the structure demolished immediately.

 

There was a discussion on how much time the Commission will permit the Owner to complete the repairs.

 

Ms. Benoit asked if staff had an exact list of things that need to be brought up to code.

 

Mr. Banks responded in the affirmative that, typically, staff would have a contractor identify the repairs and provide an estimate. He added that it would be ideal if the Owner’s contractor could make an assessment of the work and provide an estimate and scope of work. The contractor will need to provide the property owner a cost estimate to facilitate that work.

 

Mr. Weathered added that, per city code, it’s the owner’s burden to come in with the time and scope report. The city merely determines if it’s sub-standard or not.

 

Mr. Christiansen stated that if the Commission was in agreement, then they will continue with the order.

 

III Findings

Item #1

Item was marked not applicable.

 

Item #2

Item was marked not applicable.

 

Item #3

Item was marked not applicable.

 

Item #4

Item was marked not applicable.

 

Item #5

Item was marked 

 

IV Orders

Item #1

Item was marked.

 

Item #2

Item was marked not applicable.

 

Item #3

Item was marked not applicable.

 

Item #4

Item was marked not applicable.

 

Item #5

Item was marked with complete repairs by no later than December 2, 2013.

 

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 the owner is to appear at the November 7, 2013 hearing to provide a status or compliance report.

 

Item #10

Item was marked the owner is to provide time and scope of work to meet the 60 day repair deadline.

 

Item #11

Item was marked not applicable.

 

V: Special Additional Findings for Demolish if Applicable

 

Item #1

Item was marked not applicable.

 

Item #2

Item was marked not applicable.

 

Page 7

This item was marked as Compliance Order.

 

Mr. Christiansen made a motion to vote on the acceptance of the Compliance Order.

 

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

 

C.     Hold a fourth 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; PUBLIC HEARING WAS CONTINUED ON 08-01-2013; PUBLIC HEARING WAS CLOSED ON 09-05-2013)

 

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. Frank LeBlanc, Code Compliance Officer, presented the case to the Commission. Staff received a letter from Crown Enterprises Inc, the owner of the property, on September 30, 2013 with a detailed list of repairs to the structure. They are in compliance with what the Commission t assigned in the preview orders to provide a time table with cost estimate of repairs. The Commission has been provided with that estimate. The property owner is moving forward with repairs to the structure, in order to lease it out to Gass Automotive.

 

Ms. Scully asked for an estimate on the value of the property.

 

Mr. LeBlanc replied the current GCAD report in the Commission file does not have a listed value. It shows the value as unavailable. 

 

Ms. Scully asked if this property is 4.5 acres.

 

Mr. LeBlanc responded that the property is 4.62 acres.

 

Ms. Scully asked if the repair estimate value is $178,000.

 

Ms. Beasley responded that a steel building repair cost can be expensive.

 

Charles Jenkins, Structural Engineer, 705 E Shore Drive, Clear Lake Shores, TX 77565, indicated that he was asked to be a representative of Crown Enterprises.

 

Mr. Christiansen asked if there is still a potential client that will lease the property.

 

Mr. Jenkins responded in the affirmative.

 

Mr. Christiansen asked if that is still the same client from the previous hearing.

 

Mr. Jenkins responded in the affirmative. The property owner intends to proceed with the repairs, but if the lease is not consummated they will demolish the structure.

 

Ms. Scully asked if he is aware that Crown plans to wait the 30 days for the lease agreement to be finalized before pulling any permits for the repairs.

 

Mr. Jenkins replied that he did not know.

 

Ms. Benoit recalled from a previous hearing that the lessee would be responsible for completing the repairs in exchange for free rent. The lessee would be responsible for pulling the permits, which suggests that it will be 30 days before any permits are pulled.

 

Mr. Banks added that the value of the property is $609,060.

 

Ms. Scully asked if that value could be separated for the value of the land and the structure, and she also asked if the information on GCAD is correct, in regards to the value of the land as $603,000 but the value of the structure of $5,000.

 

Mr. Banks responded in the affirmative.

 

Mr. Christiansen asked if the Commission had any other questions for Mr. Jenkins.

 

Mr. Christiansen said the Commission will continue with the order.

 

There was a discussion on how they will proceed with the Compliance Order.

 

Item III: Findings

Property owner provided a letter that outlines repairs on the day of the hearing.

 

Item D

Item was marked. Owner has substantially complied. Owner has provided evidence of cost of repairs and time table to complete the performance of work and should be granted additional time to complete the ordered repairs.

 

Item IV: Orders

 

Item #1

The item was marked not applicable.

 

Item #2

The item was marked not applicable.

 

Item #3

Item was marked not applicable.

 

Item #4

Item was marked not applicable.

 

Item #5

Item was marked TBD.

 

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. The owner must appear to the November 7, 2013 hearing.

 

Item #10

Item was marked. The owner must appear at the November 7, 2013 meeting and provide a time and scope report for either repair or demolition that includes a completion of date.

 

Item #11

Item was marked not applicable.

 

V: Special Additional Findings

Item #1

Item was marked TBD.

 

Item #2

Item was marked TBD.

 

VI: Compliance

Item #1

Item was marked not applicable.

 

Item #2

Item was marked not applicable.

 

Item #3

Item was marked not applicable.

 

Item #4

Item was marked not applicable.

 

Item #5

 

Item was marked not applicable.

 

This is a Compliance Order.

 

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

 

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

 

VI.             Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Mr. Hendershot seconded the motion.

 

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

 

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

 

 

 

 

 ___________________________________             ______________________________

Lonzell Banks                                                   James R. Christiansen,

Code Compliance Official                                           Chairperson, Zoning Board of Adjustment/           

                                                                          Building and Standards Commission          

 

Date minutes approved: ___________________