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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

January 9, 2014

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

 

II.                Approval of Minutes

A.     December 5, 2013

 

III.             The Swearing in of Speakers and Witnesses

 

IV.              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; PUBLIC HEARING WAS CONTINUED ON 12-05-2013)

 

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

 

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; PUBLIC HEARING WAS CLOSED ON 09-05-2013; PUBLIC HEARING WAS CONTINUED ON 10-03-2013; PUBLIC HEARING WAS CONTINUED ON 11-07-2013; PUBLIC HEARING WAS CONTINUED ON 12-05-2013)

 

 

 

 

Page 2 of 2

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

January 9, 2014 

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

 

V.                 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 3rd DAY OF JANUARY, 2014 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                                       

CODE COMPLIANCE OFFICIAL             

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY, JANUARY 9, 2014 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 6:02 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

Arnold Polanco, City Attorney

 

II.                Approval of Minutes

A.     December 5, 2013

 

The commission was unable to approve minutes because the minutes were not distributed on time.

 

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.             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; PUBLIC HEARING WAS CONTINUED ON 12-05-2013)

 

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

 

Mr. Frank LeBlanc, Code Compliance Officer, updated the Board of the property’s current status. The owners applied for a permit to have the structure raised but have not obtained a permit for the interior remodeling. Neither the property owner, Ms. Hunnicutt, nor the contractor, has contacted staff since the last meeting. The city recommends allowing the property owners additional time to obtain the required permits to complete the remodeling.

 

Mr. Christiansen commented that this case has been postponed a couple of times and the owner knew they were to provide a timeline of completion for repairs within 60 days which they have not done.

 

Mr. LeBlanc confirmed that property owners were notified, through a certified letter, of tonight’s proceedings explaining what would be required of them to present to the board this evening. 

 

Ms. Beasley asked the board if the item could be delayed and if the commission could move on to the next item in order to allow the property owners additional time to arrive.

 

Mr. Christiansen asked the City Attorney how the commission should proceed when it came to delaying an agenda item.

 

Mr. Polanco responded that the Chair can simply declare or take a vote on suspending action on this item and taking up the following action. 

 

Mr. Christiansen asked if it is necessary to take a vote or make a motion to suspend item 1 and proceed to item 2.

 

Mr. Polanco responded in the affirmative, unless a commissioner had any objections. 

 

Mr. Christiansen made a motion to move on to item number 2.

 

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; PUBLIC HEARING WAS CONTINUED ON 12-05-2013)

 

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 board with an update to the case. In the previous meeting the property owners, Crown Enterprises Inc., had asked for a continuance to allow Quala Wash, a potential tenant, to complete a due diligence report by December 15th. Staff has received an email from Craig Stamper, of Crown Enterprises Inc., to inform us that Quala Wash decided not lease the structure at this location. Crown Enterprises will proceed with the tentative agreement they have Gas Automotive to lease the building. Mr. Stamper contacted staff today prior to the meeting to notify the City that the tentative agreement expired today and Gas Automotive has decided not to lease the structure. They also informed staff that a representative, Mr. Jenkins, a local structure engineer, will attend the meeting on their behalf. The city recommends the property owner to either repair the structure themselves or demolish it.

 

Mr. Christiansen asked if the Commission had any questions.

 

Ms. Scully asked if any part of the building had been demolished by the property owner.

 

Mr. LeBlanc responded in the affirmative, a loading dock area was demolished.

 

Mr. Christiansen began to read the Findings in Item III on page 3 in order.

 

Ms. Scully asked if there were still violations on the property, even with the loading dock being demolished.

 

Mr. LeBlanc responded in the affirmative.

 

Section C

Item was marked. The loading dock demolished- although all violations still remain present.

 

Section D

Item was marked.  

 

There was a discussion on evidence provided to the commissioner of cost of repairs and related to the value of the building.

 

Ms. Beasley asked if the property could be removed from the dangerous building list, proved that the property owner fixed the exterior of the building and secured it.

 

Mr. Banks replied in the affirmative. If the property owner fixed the exterior there would be no concern about the cladding being dislodged from the structure in the event of a Hurricane. They would also need to board off windows and doors, and clean up the property then it would be considered in compliance.

 

Mr. Christiansen asked if all of the commissioners were in agreement to leave the fourth line blank on item D.

 

Everyone was in agreement.

 

Item 1

Item was marked.

 

Item 2

Item was marked N/A.

 

Item 3

Item was marked N/A.

 

Item 4

Item was marked N/A.

 

Item 5

Item was marked.  February 10, 2014,-to repair or demolish.

 

Item 6

Item was marked N/A.

 

Item 7

Item was marked with February 10, 2014

 

Item 8

Item was marked N/A

 

Item 9

Item was marked with February 6, 2014

 

There was a discussion on item 10. Mr. Christiansen asked if all the commissioners were in agreement with item 10 and there were no objections.

 

Item 10

Item was marked. The building exterior must be brought into compliance with the city codes. All entry points must be secured/closed, all loose material/roofing, walls to be secured, the building must be made weather tight, the structural integrity of the building must be free of all violations, and the exterior metal should be painted or sealed. 

 

Mr. Christiansen asked if all the commissioners were in agreement to leave item 11 blank.

 

There were no objections.

 

Item 11

Item was marked N/A

 

Mr. Christiansen moved on to item V- Special Additional Findings for Demolish if Applicable. Both line 1 and 2 were marked N/A.

 

Mr. Christiansen moved on to item VI- Compliance.

 

Ms. Beasley asked City Attorney if section VI- Compliance is to be filled out as a final order not an order of compliance.

 

Mr. Polanco responded in the affirmative.

 

Mr. Christiansen moved to leave all lines on VI- Compliance blank.

 

Mr. Christiansen moved onto page 7 and checked the box for “Compliance Order.”

 

Ms. Christiansen made a motion to vote on the order as previously discussed.

 

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

 

Mr. Christiansen made a motion to return back to reviewing IV A. BASC13-05 (211 Perkins Street) the commission put this item on hold and continued onto item 4B to allow the representative additional time to arrive.

 

Ms. Beasley asked what the City’s recommendation was for this item.

 

Mr. Banks responded that the City is recommending that the property owner be allowed additional time to obtain necessary permits to complete the repairs.

 

Mr. Christiansen asked if the City wanted to issue out a compliance order or postpone the item until the next meeting.

 

Mr. Banks responded that staff would be satisfied with either decision.

 

Ms. Beasley asked the City Attorney his recommendation on how to proceed.

 

Mr. Polanco responded if that it is the recommendation from staff, then the item should be postponed until the next hearing.

 

Ms. Beasley made a motion to postpone until to the next meeting.

 

Mr. Christiansen seconded the motion.

 

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

 

V.                Adjournment

 

Ms. Christiansen made a motion to adjourn the meeting.

 

Ms. Scully seconded the motion.

 

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

 

      Mr. Christiansen adjourned the meeting at 6:52 p.m.

 

 

            ___________________________________              ______________________________

            Lonzell Banks                                                               James R. Christiansen,

            Code Compliance Official                                           Chairperson, Zoning Board of Adjustment/           

                                                                                                  Building and Standards Commission