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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

December 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.     November 7, 2013

 

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 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; PUBLIC HEARING WAS CONTINUED ON 10-03-2013; PUBLIC HEARING WAS CONTINUED ON 11-07-2013)

 

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

 

B.     Hold a fifth 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

 

 

Page 2 of 2

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

December 5, 2013 

6:00 PM

Council Chambers, 200 West Walker Street

 

06-06-2013; PUBLIC HEARING WAS CONTINUTED FROM 08-01-2013 MEETING; PUBLIC HEARING WAS CLOSED ON 09-05-2013; PUBLIC HEARING WAS CONTINUED ON 10-03-2013; PUBLIC HEARING WAS CONTINUED ON 11-07-2013)

 

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 27th DAY OF NOVEMBER, 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, DECEMBER 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 6:07 p.m.

 

Members present:                                                       Members absent:

James R. Christiansen, Chair                                      Janet Alleman

Amy Beasley, Vice Chair                                           Michael Hendershot                           

Katie Benoit               

Elizabeth Scully                                                                     

           

City Representatives:

Lonzell Banks, Code Compliance Official

Frank LeBlanc, Code Compliance

Wes Morrison, City Planner

Steve Weathered, City Attorney

 

II.                Approval of Minutes

A.     November 7, 2013

 

Mr. Christiansen made a motion to approve the minutes of November 7, 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.             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 that at the Board’s request, staff sent a certified letter to the applicant and that no response had been provided. Mr. Morrison gave a brief presentation to the Board.

 

Ms. Scully asked what the property was currently zoned.

 

Mr. Morrison responded Neighborhood Commercial.

 

Ms. Beasley asked if it was the applicant’s point of view that the existence of the foundations continued the nonconforming use.

 

Mr. Morrison responded that the applicant was tying the nonconforming use and nonconforming structures sections together; however staff’s interpretation is that each nonconforming section is separate and should not affect the other nonconforming sections.

 

Ms. Scully asked if a property could have more than one nonconforming issue.

 

Mr. Morrison responded in the affirmative.

 

Ms. Benoit asked if the property was already zoned as neighborhood commercial when the demolition permit was requested in 2008.

 

Mr. Morrison responded in the affirmative.

 

Ms. Benoit asked if the applicant would have been aware of the zoning of the property, that by the demolishing, that they [the applicant] wouldn’t be able to rebuild.

 

Mr. Morrison responded that it would most likely not come up for a demolition permit. He added that the applicant stated that Hurricane Ike had damaged the buildings in 2008 and that the buildings had to be demolished.

 

Ms. Benoit asked if it was by their choice.

 

Mr. Morrison responded in the affirmative. He added that staff had not found any records indicating that the demolition was required by the city.

 

Ms. Benoit asked if there was any leniency after Hurricane Ike.

 

Mr. Morrison responded in the affirmative.

 

Ms. Beasley asked if the Owners could have repaired the buildings after the storm without any issues.

 

Mr. Morrison responded in the affirmative.

 

Ms. Scully asked how the widening of FM 518 would affect the structures unless there was a structure at the front of the property, based on the applicant indicating that the structure was also damaged due to the widening of FM 518.

 

Mr. Morrison responded that he believes that it was the applicant’s concern was he didn’t want to invest in the property until the widening project was completed. However, the project had been complete for some time and that he did not see how the project would affect the nonconforming status.

 

Ms. Scully asked if there was something at the front of the property that had to be demolished.

 

Mr. Morrison replied there was not any that he has seen.

 

            Mr. Christiansen asked for confirmation that the applicant did not file for any Operations Permit.

 

Mr. Morrison responded in the affirmative. He added that the ordinance also allows for a Certificate of Nonconforming status which was not requested as well.

 

Mr. Christiansen asked if there were any additional questions. There were none.

 

Ms. Beasley made a motion to deny the appeal.

 

Ms. Scully seconded the motion.

 

Mr. Christiansen stated that the Board had not removed the item from the table and made a motion to remove the it from the table.

 

The motion to untable the item passed unanimously 4-0-0.

 

Mr. Christiansen continued with the motion and second for the item, noting that the applicant was not in attendance at the meeting and had not been in attendance for each of the previous meetings and then called for the vote.

 

The motion for denial passed unanimously 4-0-0.

 

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

A.     Hold a fourth public compliance hearing with possible action on BASC13-05 (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; PUBLIC HEARING WAS CONTINUED ON 10-03-2013; PUBLIC HEARING WAS CONTINUED ON 11-07-2013)

 

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. Lonzell Banks, Code Compliance Official, recommended that the case be continued since the property owners have been making repairs to the structure.  

 

Mr. Christiansen asked the Commission if they had any questions.

 

Ms. Scully asked if the property owner has 30 days to obtain a permit or get a cost estimate.

 

Ms. Beasley responded that the owners should have the cost estimate already. They would have 30 days to come back to the Commission with their plan and obtain permits. If they completed the structural beams there’s no reason they wouldn’t be pulling the permit now to get the work inside done. They are not waiting on us to pull the permit.

 

Mr. Banks confirmed the statement.

 

Ms. Beasley asked if they currently have permits to do the inside work.

 

Mr. Banks responded they do not have a permit.

 

Ms. Scully asked if the city’s recommendation is to give them [the applicants] 30 days to pull the permits.

 

Mr. Banks reiterated that it was the City’s recommendation for a continuance to the next hearing. At that time, the applicants are to provide a timetable for the amount time take complete the work. We will continue to provide inspections from the Code Compliance standpoint. If the applicants pull a permit prior to the next meeting, the inspection information will be documented and provided to the Commission.

 

Ms. Beasley asked if the City signs off on the structural changes that have already been made.

 

Mr. Banks responded that the Building Department will follow through with the inspections.

 

Ms. Beasley asked if the structural changes are approved before any additional changes are done.

 

Mr. Banks responded in the affirmative.

 

Mr. Christiansen made a motion to continue to the January 9 meeting.

 

Ms. Benoit seconded the motion.

 

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

 

Mr. Christiansen asked the city staff to notify the owners to appear at the January 9th meeting.

 

B.     Hold a fifth 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 CONTINUED FROM 06-06-2013; PUBLIC HEARING WAS CONTINUTED FROM 08-01-2013 MEETING; PUBLIC HEARING WAS CLOSED ON 09-05-2013; PUBLIC HEARING WAS CONTINUED ON 10-03-2013; PUBLIC HEARING WAS CONTINUED ON 11-07-2013)

 

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, received an email from Craig Stamper of Crown Enterprise asking for a continuance on the case before the Commission. The email included an email from Michael Bowers with Quala Wash, stating that they will need until December 15th to complete the final review and time table to lease the building. It was recommended a continuance to January so the final review can be obtained from Quala Wash.

 

Mr. Christiansen made a motion to continue for 30 days to the January 9 meeting.

 

Ms. Beasley seconded the motion.

 

Mr. Christiansen asked if the Commission had any discussion.

 

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

 

VI.             Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Ms. Scully seconded the motion.

 

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

 

      Mr. Christiansen adjourned the meeting at 6:30 p.m.

 

 

             ___________________________________             ______________________________

            Lonzell Banks                                                               James R. Christiansen,

            Code Compliance Official                                            Chairperson, Zoning Board of Adjustment/           

                                                                                                  Building and Standards Commission          

 

Date minutes approved: ___________________