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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

March 6, 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.                 February 6, 2014

 

III.             The Swearing in of Speakers and Witnesses

 

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

A.                 Hold a public compliance hearing with possible action on BASC14-01 (220 Englewood Dr), 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 220 Englewood Drive, League City, Texas 77573, legally described as lot twenty-three, block six of the Pecan Forest Subdivision, Section 2, a subdivion in Galveston County, Texas, according to the map thereof recorded in Volume 10, Page 53 in the Office of the County Clerk of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CLOSED ON 02-06-2014)

 

OWNERS/LIENHOLDERS

Cora Ina Keith (deceased May 6, 1995) 220 Englewood Dr, League City, Texas 77573

Donna M. Keith, 220 Englewood Dr, League City, Texas 77573

Mark Robbins aka Mark Stuart Robbins, Independent Executor, 1018 Sunset Circle, League City, Texas 77573

Mark S. Robbins, 220 Englewood Dr, League City, Texas, 77573

Douglas Alan Keith, 220 Englewood Dr, League City, Texas 77573

Douglas A. Keith, 1018 Sunset Circle, League City, Texas 77573

Donald Rodney Wooton, 2350 County Road 289, Gonzales, Texas 78629

Sandy Wooton, 2350 County Road 289, Gonzales, Texas 78629

Kevin A. Sunn, Attorney for Mark Robbins, 1560 W. Bay Area Blvd., Suite 260, Friendswood, Texas 77546

And Law Offices of Kevin Sunn, PLLC, 712 Main Street, Suite 1550, Houston, Texas 77002

 

B.                 Hold a public compliance hearing with possible action on BASC14-02 (219 West Saunders), 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 219 West Saunders, League City, Texas 77573, legally described as the surface only of lot forty-four (44) of Patton Subdivision, save and except the southwest one-half foot of lot forty-four, Patton Subdivision, a subdivision of a part of 20 acre tract out of the S.F. Austin League, Survey #3, in Galveston County, Texas, according to the map or plat thereof recorded in volume 254-A, page 66 of the map of records in the office of the County Clerk of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CLOSED ON 02-06-2014)


 

Page 2 of 2

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

March 6, 2014 

6:00 PM

Council Chambers, 200 West Walker Street

 

OWNERS/LIENHOLDERS

Daniel Garcia, 14603 Cardinal Creek Ct, Houston, Texas, 77062-2127

Angela Garcia, 14603 Cardinal Creek Ct, Houston, Texas, 77062-2127

Duane Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Lionel Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Barbara Blake Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Merchants Bank, Attn: Dean Starnes, Trustee, P.O. Box 690, League City, Texas, 77573

Merchants Bank, Attn: Steve Nicklow, Trustee, 2051 W Main Street, League City, Texas 77573

Mary S. Tourenq, Trustee MacNaughton, Burdzinski, Tourenq & Yow, 6750 West Loop South, Suite 800, Bellaire, Texas 77401

Steven V. Resnick, Beneficiary, P.O. Box 1015, League City, Texas 77574

Hollis E Resnick, Beneficiary, P.O. Box 1015, League City, Texas 77574

Marvin L. Rader & Associates, 622 W Main St, League City, Texas 77573

Regions Bank, Attn: Collateral Management Area, Attn: Marc C Coody, Jr., P.O. Box 1984, Birminggham, Alabama, 36201

City of League City, Attn: Lonzell Banks, Code Compliance, 300 West Walker Street, League City, Texas 77573

 

 

 

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 28th DAY OF FEBRUARY, 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, MARCH 6, 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 6:07 p.m.

 

Members present:                                                       Members absent:

James R. Christiansen, Chair                                       Janet Alleman

Amy Beasley, Vice-Chair                                            Elizabeth Scully                                  

            Michael Hendershot                                                     Katie Benoit

           

City Representatives:

Lonzell Banks, Code Compliance Official

Frank LeBlanc, Code Compliance

Mark Linenschmidt, Senior Planner

Steve Weathered, City Attorney

 

*Mr. Christiansen activated Mr. Hendershot as a voting member.

 

II.                Approval of Minutes

A.     February 6, 2014

Mr. Christiansen asked for a motion.

Mr. Hendershot made a motion to approve the minutes.

Ms. Beasley seconded the motion.

The motion passed unanimously with a vote of 3-0-0.

 

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

A.     Hold a public compliance hearing with possible action on BASC14-01 (220 Englewood Dr), to determine whether a building or structure is a dangerous building, to show cause why the ordered action has not been completed and/or why civil penalties should not be assessed, 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 220 Englewood Drive, League City, Texas 77573, legally described as lot twenty-three, block six of the Pecan Forest Subdivision, Section 2, a subdivion in Galveston County, Texas, according to the map thereof recorded in Volume 10, Page 53 in the Office of the County Clerk of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CLOSED ON 02-06-2014; PUBLIC HEARING WAS CLOSED ON 03-06-2014)

 

OWNERS/LIENHOLDERS

Cora Ina Keith (deceased May 6, 1995) 220 Englewood Dr, League City, Texas 77573

Donna M. Keith, 220 Englewood Dr, League City, Texas 77573

Mark Robbins aka Mark Stuart Robbins, Independent Executor, 1018 Sunset Circle, League City, Texas 77573 

Mark S. Robbins, 220 Englewood Dr, League City, Texas, 77573

Douglas Alan Keith, 220 Englewood Dr, League City, Texas 77573

Douglas A. Keith, 1018 Sunset Circle, League City, Texas 77573

Donald Rodney Wooton, 2350 County Road 289, Gonzales, Texas 78629

Sandy Wooton, 2350 County Road 289, Gonzales, Texas 78629

Kevin A. Sunn, Attorney for Mark Robbins, 1560 W. Bay Area Blvd., Suite 260, Friendswood, Texas 77546

And Law Offices of Kevin Sunn, PLLC, 712 Main Street, Suite 1550, Houston, Texas 77002

 

Mr. Lonzell Banks, Code Compliance Official, supplied the Board with a revised cost estimate for repairs to this property. The previous cost estimate for repairs did not include the mechanical potion of the repairs that need to be made. The mechanical cost is $8,750 which would make the total cost of repairs $58,700. He also made reference to the data report from Galveston County Appraisal District that shows the initial appraisal value of the improvements is highlighted in the history information being $95,640; in the previous hearing, the board was provided a revised assessed value from the Galveston County Appraisal District which reduced the value over 50% at $48,720. The previous Compliance Order required the property owner to remove all personal items from the home. Staff provided inspections to the property owners, and a lot of the trash and debris, as well of a lot of the personal items were removed; however, there are still some personal items left in the house. Mr. Banks reviewed photos of the last inspection of the property illustrating the items that remained in the house. The property owners have also installed new front and back doors to the property and to the garage. Mr. Banks read to the Board the ordinance Section 22-334 ?Dangerous Building or Structures Defined? and according to the ordinance, the property has met 7 conditions that are on the dangerous building list. Mr. Banks declared the structure shall be deemed a dangerous structure based on the ordinance he read. He also read ordinances Section 22-335 ?Declaration of a Nuisance, Conduct Prohibited? and Section 22-339 ?Standards for Repairs, Vacation or Demolition? subsection (A) ?Order repaired? which states that repairs to a dangerous building should be done if the repairs are feasible, only if less than 50 percent of the structure must be repaired or replaced or the reduced value is less than 50 percent. The reduced value is 50.9% for this structure, according to the Galveston Appraisal District. He also read subsection (C) ?Order Demolished? which states if the structure is deteriorated more than 50 percent of the building the structure should be demolished or removed.  Based on the documentation staff has provided to the Board, regarding the conditions that exists, the photos illustrate the deterioration of the property and the 7 years it stayed it lay dormant; the property is a dangerous building. The property has had several complaints filed against it from neighbors. He also stated that initially, when a case was opened against this property, a notice letter was sent to the property owner with violations found at the location. In the notice, the property owner was informed of the violations found and advised to make contact with city staff regarding the violations. The structure has been vacant and in this condition for 7 years. Since that time, there have been numerous violation cases against it, and the League City Police Department had staff secure the building in the past because of a break in. Based on the evidence document they provided to the Board, staff recommends the property be demolished.

 

Mr. Christiansen asked, in the February 6th meeting, if the Compliance Order required the owner to provide city staff with a status report.  If so, was a status report was given to staff by the property owner.

Mr. Banks responded that the property owner contacted city staff regarding their progress and requested an inspection. The property owner might have thought they could use the findings of that inspection as a status report, but they did not give city staff any report.

Mr. Christiansen stated that one of the other conditions on the prior Order was to have the owner(s) or heirs and their legal representation appear at the March 6th meeting to show cause for adjudication. He reopened the public hearing and asked if the owner(s) or legal representation would step forward to discuss the case.

Mr. Wesley Clements, Attorney, who resides at 1305 Prairie Houston Texas, stepped forward as legal representation for Mr. Mark Robbins. Mr. Clements had photographs showing the condition of the house and an engineer who can testify to the safety of the building. The previous owner of the house passed away, and now Mr. Robbins has been appointed the executor of the estate. However, the check from State Farm for the repairs was made out to the deceased. Mr. Robbins has received estimates for the repairs of the house, which is less than the estimates provided by city staff.

Ms. Beasley asked Mr. Clements, legally, how long it would be before Mr. Robbins receives funds to make the repairs.

Mr. Clements responded that a check was issued for the wrong amount, and it was not in Mr. Robbins? name but in the name of the deceased owner.

Ms. Beasley asked if there are still legal reasons that would prevent those changes or was the check written in error.

Mr. Clements responded that all is needed is a court order from the Galveston Probate Court.

Ms. Beasley asked how long would it be.

Mr. Clements responded it would be within 30 days since Mr. Robbins has been appointed the executor of the estate.

Mr. Christiansen stated that the city has testified that they believe the house should be demolished due to the cost to repair and asked Mr. Clements if was in a position to provide any evidence to the contrary.

Mr. Clements responded that he brought an engineer to testify that the building is structurally sound.

Ms. Beasley stated that she checked the calculations and the reduction of value from the Galveston Appraisal District value on the house from the old appraisal to the new appraisal was a reduction of value 49% not 50%. The amount would have to be $47,820 for it to be a 50% in value.

Mr. Christiansen asked if they had any evidence for cost of repairs and schedule.

Mr. Mark Robbins, who resides at 1018 Sunset Circle League City, submitted cost of repairs to the board.

Ms. Beasley asked if the estimate for repairs is $24,000 to make all the repairs and permits.

Mr. Mark Robbins responded that the estimate does not include permit costs.

Ms. Candy Parrish, who resides at 305 Wakefield League City, spoke in regards to repair estimates. She received from several roofing companies for two types of roofs; the metal roofs would cost $14,500 or a shingled roof for $6000, which is $8000 less than the estimate provided by staff. They also had someone review the foundation and a less than 1 inch slight deviation was found; but the cost will be minimal to repair. Based, on the estimates the repairs would be $20,000 less than what was presented by city staff.

Ms. Beasley asked if she had copies of her estimates to provide to the board.

Ms. Parrish responded she did not have copies, only her originals.

Ms. Beasley asked who was providing the roofing proposal since the estimate sheet did not have a name on it.

Ms. Parrish responded that League City Custom Copper was providing the estimates.

Ms. Parrish stated that they were maintaining the exterior of the property, since city staff communicated that the property was overgrown with weeds.

Ms. Beasley received a copy of a notice sent to State Farm requesting the correction of the name on the check. They also provided a notice from an engineer with a status report regarding the safety of the building.

Mr. Christiansen stated for the record the property owner and executor of estate was providing documents to the board which staff will make copies of and return the originals back to the owner and executor.  

Ms. Parrish stated that they spoke with the Fire Marshall and requested an inspection of the structure to insure it was safe to have contractors enter and work in the building. Once the inspection was complete, the Deputy Fire Marshall would email her a copy of the report. A few days later, the property owner contacted the Fire Marshall to inquire about the inspection and was informed that the inspection done by Code Compliance would be sufficient. The property owners assumed the inspection would be a status report sent to the board. The building remains vacant, and due to the proceedings, they have not weather sealed the house with a new roof because they are unsure if the board will order the structure to be demolished. The photographs the property owner provided are for the board and no copies are required.  

Mr. Christiansen stated, for the record, that the board received 12 items that will need to be copied. The board took a 3 minute break to make the copies.

Mr. Christiansen called the meeting back in session.

Mr. Christiansen asked if the board needed to hear testimony from a structural engineer in light of the report they received.

The board was in agreement that the testimony was not necessary.

Mr. Christiansen asked Mr. Clements, as the attorney for the property owner, for an approximate timeline for repairs.

Mr. Clements responded within 30 days but he cannot guarantee a certain date.

Ms. Beasley asked Mr. Clements how long after the court order is received would it take to obtain a check from the insurance company.

Mr. Clements responded that the insurance company should take between ten days to two weeks.

Mr. Robbins asked if the board still had any questions in regards to probate proceedings.

Mr. Christiansen stated that the board did not have any inquiries regarding the probate proceedings due to his attorney stating that he is the executor of the estate.

Ms. Parrish stated that once the repairs begin, the structure will need to go through mold remediation which would mean all the sheetrock would be removed and the structure treated. Once the treatment is done, it will be 30 days to dry out before new sheetrock can be replaced.

Mr. Hendershot asked why, the engineer?s report states that the windows were damaged but the estimate does not include replacement of windows.

Ms. Parrish responded that she did not include the cost of the window replacement in the estimate, but she has spoken with the contractors regarding the windows replacement. They may turn some windows into French doors or double windows so they have not made a decision on those changes yet. She wanted to make sure the estimate was to repair what was on the existing house and not include any future changes she may do once the required repairs are completed.

Ms. Parrish also stated that she has spoken to two additional masonries who stated they can do the work for much less than the estimate she turned in to the board. She was also able to find an electrician who would make the electrical repairs for half the cost of the estimate she presented to the board tonight. Although, she didn?t have those two estimates in writing. The house is also now secured by putting the boards inside the house and removing the other board covers from the outside of the house.

Ms. Beasley stated the board had all their questions answered.

Mr. Christiansen asked Mr. Weathered to read Section 22-339 ?Standards for Repairs, Vacation or Demolition? subsection (C) ?Order Demolished.?

Mr. Weathered read the ordinance to the board.

Mr. Christiansen asked the board if anyone had any additional questions for city staff or the owner(s) and/or representative.

There were none.

Mr. Christiansen closed the public hearing at 6:57 p.m.

Mr. Christiansen stated that the board will now make a determination.

Mr. Christiansen began reviewing the Compliance Order on page 2 ?Appearances for Owners/Lienholders? all names were added who testified.

Ms Beasley asked Mr. Weathered if Mr. Wesley Clements? name, the attorney for the property owner, should appear under this section or under ?Other Appearances for Owner/Parties in Interest.?

Mr. Weathered responded that he should be listed under Appearances for Owners/Lienholders.

Mr. Christiansen moved on to the Findings on page 3 and stated the Building and Standards Commission heard the evidence presented by all parties requesting to be heard. After hearing and considering all the evidence, the commission made the following findings and conclusions:

Ms. Beasley stated on section C the item 12, inadequate facilities for egress in case of fire or panic or insufficient stairways elevators, doors, aisles, passageways or fire escapes, of the findings has been corrected when the house was cleared.

 

Section C

Item was marked. Item #12 has been corrected by clearing out of the house.

Mr. Weathered stated the first item the commission can find the owner has not shown sufficient cause why this hearing should not proceed for final adjudication.

Mr. Christiansen asked if the board wanted to discuss. 

Mr. Hendershot stated that some of the evidence that was provided was not per the order which makes it difficult to move forward with a final order. The unresolved legal issues that are still occurring, and the fact the property owner have somewhat complied with a list of repairs that are only estimates and not concrete, should be considered in this decision.

Mr. Weathered responded that this section is not normally in the Compliance Order, but the reason this section was put in was because in the prior hearing there was a probate pending.  At that point, there was a question on whether or not this commission could proceed.  The commission wanted to hear from legal counsel to determine if it could proceed. The commission received evidence that the commission can proceed in the probate court to receive funds. This was more a jurisdictional type of issue and no evidence was presented as to why this commission should not have jurisdiction to proceed.    

 

Section D

Item was marked. Owner has not shown sufficient cause why this hearing should not proceed for final adjudication.

N/A was marked for Owner has substantially complied.

N/A was marked for Owner has provided evidence of cost of repairs and time table for performance of work and should be granted additional time to complete the ordered repairs.

Item was marked. Evidence provided to the Commission of the costs of repairs and related value of the building justifies repairs, as determined hereafter.

Item was marked. Other: Provide detail estimates, time and scope reports for all work to be completed.

Mr. Christiansen moved on the page 4 of the Orders.

 

Section IV: Orders

Item was marked. See prior orders which are incorporated by reference unless otherwise noted below.

 

Item 1

Item was marked.

 

Item 2

Item was marked N/A

 

Item 3

Item was marked N/A

 

Item 4

Item was marked.

 

Item 5

Item was marked TBD.

N/A on repairs and/or

N/A demolition

 

Item 6

Item was marked N/A

 

Item 7

Item was marked N/A

 

Item 8

Item was marked N/A

 

Item 9

Item was marked. Appear on the April 3, 2014, 6pm. The commission will require the property owner to provide staff with a written status report to be turned in by close of business day of March 27, 2014.

 

Item 10

Item was marked. A Detail estimates and time and scope report must be provided for all repairs that will be made including all permitting costs. House and property must continue to be maintained.

 

Item 11

Item was marked N/A

 

Section V: Special Additional Findings for Demolitions if applicable.

Section was marked N/A

 

Item 1

Item was marked N/A

 

Item 2

Item was marked N/A

 

Section VI: Compliance

 

Item 1

Item was marked N/A

 

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 N/A

Item was marked on Compliance Order.

Ms. Beasley stated that she wanted to add that the property owner must continue to maintain the property continuously and take care of it to stay in compliance. The Commission will add it to section IV item 10.

Mr. Christiansen asked Mr. Weathered if he had all the changes to the order.

Mr. Weathered responded he did and suggested that when the commissioner executes the order that time be provided to allow the owner/representative to sign the acknowledgement of receipt and copies provided to them so city staff does not need to mail them a copy of the order.

Mr. Christiansen asked if the board had any questions about the Order.

The board had none.

Mr. Christiansen stated that the commission has reviewed the order.

Mr. Christiansen stated that since there is no discussion he asked for a motion.

Ms. Beasley made a motion accept the order as they presented it.

Mr. Hendershot seconded the motion.

Mr. Christiansen stated that if there is no further discussion, he would ask for a vote.

The motion passed unanimously with a vote of 3-0-0.

Mr. Christiansen will sign the order so the property owner can sign the order and copies will be provided to the owner.

Mr. Christiansen stated that the commission would take a break at 7:20 to sign the order and make copies for the owner/representative.

Mr. Christiansen called the meeting back in session at 7:30.

 

B.     Hold a public compliance hearing with possible action on BASC14-02 (219 West Saunders), 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 219 West Saunders, League City, Texas 77573, legally described as the surface only of lot forty-four (44) of Patton Subdivision, save and except the southwest one-half foot of lot forty-four, Patton Subdivision, a subdivision of a part of 20 acre tract out of the S.F. Austin League, Survey #3, in Galveston County, Texas, according to the map or plat thereof recorded in volume 254-A, page 66 of the map of records in the office of the County Clerk of Galveston County, Texas. (INITIAL PUBLIC HEARING WAS CLOSED ON 02-06-2014; PUBLIC HEARING WAS CLOSED ON 03-06-2014)

 

OWNERS/LIENHOLDERS

Daniel Garcia, 14603 Cardinal Creek Ct, Houston, Texas, 77062-2127

Angela Garcia, 14603 Cardinal Creek Ct, Houston, Texas, 77062-2127

Duane Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Lionel Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Barbara Blake Young, 2805 Cemetery Road, Santa Fe, Texas, 77517

Merchants Bank, Attn: Dean Starnes, Trustee, P.O. Box 690, League City, Texas, 77573

Merchants Bank, Attn: Steve Nicklow, Trustee, 2051 W Main Street, League City, Texas 77573

Mary S. Tourenq, Trustee MacNaughton, Burdzinski, Tourenq & Yow, 6750 West Loop South, Suite 800, Bellaire, Texas 77401

Steven V. Resnick, Beneficiary, P.O. Box 1015, League City, Texas 77574

Hollis E Resnick, Beneficiary, P.O. Box 1015, League City, Texas 77574

Marvin L. Rader & Associates, 622 W Main St, League City, Texas 77573

Regions Bank, Attn: Collateral Management Area, Attn: Marc C Coody, Jr., P.O. Box 1984, Birmingham, Alabama, 36201

City of League City, Attn: Lonzell Banks, Code Compliance, 300 West Walker Street, League City, Texas 77573

 

Frank LeBlanc, Code Compliance Officer, updated the Board of the property?s current status. He has been in contact with the property owner, Mr. Garcia, and the board was provided with an email from the owner dated on March 3rd. The owner is present to provide an update to the commission.  The City recommends the property be repaired.

 

Mr. Christiansen stated that in the prior order the commission requested the property owner to submit 3 days prior to the meeting, to provide evidence of adequate financing for repairs and estimates from contractors for the needed repairs. He requested that the owner to come up to address the board.

 

Daniel Garcia, the property owner, who resides 14603 Cardinal Creek Ct Houston Texas 77062, stepped forward.

 

Mr. Christiansen stated that the commission received copy of the email and asked the property owner to please provide a status.

 

Mr. Garcia stated that he visited several banks. He also has inheritance that is currently in probate and an inventory and assets that have been turn into the lawyer; he should have something from the probate court in the next 30 days. He turned in a document for a loan, and the email he turned into the commission states that the bank will require 30 to 45 days to review all applications. Since the bank takes that long, he is not sure if he will have an answer to the loan by the next board meeting. He has asked some contractors to give him an itemized estimate but has not been able to obtain them. He has had to part ways from those contactors who will not give him that documentation. He decided to have an itemized list of the repairs and asked contactors to bid on the list. He has spoken with a contractor, Chad Birdwell, who said he could possibly give him the itemized estimate, but it will take him some months to do so. It will also depend on his work force availability. He stated that he may have some good bidders and is waiting on either inheritance to come in or the short-term loan he applied for to be approved.

 

Ms. Beasley asked if, according to the email, the bank takes 25 to 30 days, not business days, to process a loan.

 

Mr. Garcia replied that verbally they told him up to 45 days, but when he asked for something in writing the bank chose the lesser of the amount of days.

 

Mr. Hendershot stated he may want to put dateline on contractors so they can also give him an estimate as soon as possible.

 

Mr. Garcia stated that he has had contractor start a job and never finish it and keep his money. He is more unwilling to do business with contractors who don?t have a business address or location of business office. He also spoke with some relators in regards to the resale cost for his property is at 80,000 to 85,000 but that is the cost for homes of that same size sold two years ago and some relators told him it?s possible to sell the house at 110,000 to 120,000. He is not sure who to believe at this point since the two amounts are very different from each other.

 

Mr. Christiansen asked the board if they had any other questions for property owner.

 

There were none.

 

Mr. Garcia also stated that he is scheduled for surgery on April 17 or possibly 21st, and his recovery is 2 weeks after the surgery in San Antonio.

 

Ms. Beasley asked if the loan application was turned in already.

 

Mr. Garcia asked recently if there were anything else they need for the application; he was told he had turned in all required documentation.

 

Ms. Beasley asked if the loan could possibly be approved by the time his surgery or recovery is being done.

 

Mr. Garcia said if he is approved while he is in surgery or recovery, he will not be able to begin any repairs until after his recovery.  This is because he has been swindled before by a contractor, and he wants to make sure he is there for all repairs.

 

Mr. Garcia said he did have money on paper but not in real usable currency. He tried to get a loan on that, but the bank would not give him a loan on the inheritance because anything could happen to prevent him from getting the money. The bank would rather make the loan based on his assets than his possible inheritance.

 

Mr. Christiansen said the board had all their questions answered.

 

Mr. Christiansen closed the public hearing.

 

Mr. Christiansen started the board will now make a determination.

 

Mr. Christiansen began reviewing the Compliance Order on page 3 ?Appearances for Owners/Lienholders? all names were added who testified.

 

They moved on to section III: Findings.

 

Section D

Item was marked N/A ?owner has/has not shown sufficient cause why this hearing should not proceed for final adjudication.?

 

Item was marked ?Owner has substantially complied.?

 

Item was marked N/A ?Owner has provide evidence of cost of repairs and time table for performance of work and should be granted additional time to complete the ordered repairs.?

 

Item was marked N/A ?owner has failed to comply, although provided adequate time to do so and civil penalties are indicated as addressed hereafter.?

 

Item was marked ?Evidence provided to the Commission of the costs of repairs and related value of the building justifies: repair, and as determined hereafter.?

 

Item was marked N/A on ?Other.?

 

Mr. Christiansen moved on to page 4

Section IV: Orders

 

Item was marked. See Prior Orders which are incorporated by reference unless otherwise noted below.

 

Item 1

Item was marked.

 

Item 2

Item was marked N/A.

 

Item 3

Item was marked N/A

 

Item 4

Item was marked

 

Item 5

Item was marked TBD.

 

Item 6

Item was marked N/A.

 

Item 7

Item was marked N/A.

 

Item 8

Item was marked N/A.

 

Ms. Beasley commented that due to the owner having surgery in April and the loan processing taking 30 days, the commission will allow additional time.

 

The commission agreed.

 

Item 9

Item was marked. Owner is to appear at the meeting of May 1, 2014, 6pm.

 

Item 10

Item was marked. Provide to city staff by April 28, 2014 a time and scope report for all repairs and confirmation of financing.

 

Item 11

Item was marked N/A.

 

Section V

Special Additional Findings for Demolition if Applicable

 

Item 1

Item was marked N/A.

 

Item 2

Item was marked N/A.

 

Section VI

Compliance

 

Item 1 thru Item 5

Items were marked N/A.

 

Item was marked as a Compliance Order.

 

Ms. Beasley made a motion to accept the Order as it was discussed.

 

Mr. Hendershot made a second to the motion to approve the Order as it is written.

 

Mr. Mr. Christiansen stated if there is no further discussion he would ask for a vote.

The motion passed unanimously with a vote of 3-0-0.

Mr. Christiansen will sign the order so the property owner can sign the order and copies will be provided to the owner.

 

V.                 Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Ms. Hendershot seconded the motion.

 

The motion passed unanimously with a vote of 3-0-0.

 

      Mr. Christiansen adjourned the meeting at 7:50 p.m.

 

 

 

 ___________________________________             ______________________________

Lonzell Banks                                                   James R. Christiansen,

Code Compliance Official                                           Chairperson, Zoning Board of Adjustment/           

                                                                          Building and Standards Commission          

 

Date minutes approved: ___________________