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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

MAY 1, 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.     March 6, 2014

B.     April 3, 2014

 

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 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 (23), Block six (6) 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; SECOND PUBLIC HEARING WAS CLOSED ON 03-06-2014; THIRD PUBLIC HEARING WAS CLOSED ON 04-06-2014)

 

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 third 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; SECOND PUBLIC HEARING WAS CONTINUED ON 03-06-2014)

 

Page 2 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

May 1, 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

 

C.     Hold a public hearing with possible action on BASC14-04 (1804 Wren Drive), 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 1804 Wren Drive, League City, Texas 77573, legally described as Lot eighteen (18), in Block six (6) of Clear Creek Heights, Section 1, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 1616, Page 188 in the Office of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Inova Simmons Anding, and joined pro forma by husband David Anding, 1804 Wren Drive, League City, Texas 77573

Mortgage Electronic Registration Systems, Inc (MERS) Attn: Martha Munoz, Vice President, P.O. Box 2026 Flint, Michigan 48501-2026

Resmae Mortgage Corporation, 3350 East Birch Street, Suite 102, Brea, CA 92821

Ricky L. Gilmore (Abstract /Judgment Creditor) 9850 Meadow Glen Lane, Apt 205, Houston, TX 77042

U.S. Bank, National Association, As Successor Trustee to Bank of American, N.A., As Successor by Merger to LaSalle Bank, N.A., As Trustee for the Certificate Holders of the MLMI Trust Mortgage Loan Asset-Backed Certificates Series 2006-RM1, C/O BAC, M/C: CA6-914-01-43, 1800 Tapo Canyon Road, Simi Valley, CA 93063

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

Polunsky & Bietel, LLP, Attn: Allan B. Polunsky, Trustee, 8000 IH-10 West Suite 1600, San Antonio, Texas 78230-3892

 

 

Page 3 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

May 1, 2014 

6:00 PM

Council Chambers, 200 West Walker Street

 

D.     Hold a public hearing with possible action on BASC14-05 (406 East Hawthorne Street), 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 406 East Hawthorne Street, League City, Texas 77573, legally described as Lots eleven (11) and twelve (12), in Block twenty-five (25) of Moore’s Addition to the Town of Dickinson, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 155, Page 10 in the Office of the County Clerk of Galveston County, Texas (Now filed under Volume 7, Page 1 of map records of Galveston County, Texas).

 

OWNERS/LIENHOLDERS

Lorenzo A. Delgado, 406 E. Hawthorne St, League City, Texas 77573

and 2106 Alaska Ave, League City, Texas 77573-7706

 

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 25th DAY OF APRIL, 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, May 1, 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 6:04 p.m.

 

Members present:                                                       Members absent:

James R. Christiansen, Chair                                       Janet Alleman

Amy Beasley, Vice-Chair                                            Elizabeth Scully                                  

Katie Benoit                                                                 Michael Hendershot

           

City Representatives:

Lonzell Banks, Code Compliance Official

Frank LeBlanc, Code Compliance

Mark Linenschmidt, Senior Planner

Steve Weathered, City Attorney

 

II.        Approval of Minutes

A.     March 6, 2014

B.     April 3, 2014

 

Mr. Christiansen made a motion to approve the two sets of minutes.

 

Ms. Beasley seconded the motion.

 

Mr. Christiansen asked for a vote.

 

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 fourth 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 (23), Block six (6) of the Pecan Forest Subdivision, Section 2, a subdivision 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; SECOND PUBLIC HEARING WAS CLOSED ON 03-06-2014; THIRD PUBLIC HEARING WAS CLOSED ON 04-06-2014)

 

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. Frank LeBlanc, Code Compliance, provided for the commission an update from the property owner. A letter was sent to Mark Linenschmidt, the Senior Planner for the Planning Department, and a copy has been provided to the board this evening due to staff receiving the letter on April 28th. The notice states there are still issues with the funds being released to Mr. Robbins, and there are a couple of emails between Mr. Parrish, Angela Wilson, and Mr. Wesley Clements. Staff assumes that Mr. Robbins has not received funding or checks from the insurance company. The property owner is present, and they will hopefully give more details regarding the situation.

 

Candy Parrish, 305 Wakefield Drive, and Mark Robbins, 1018 Sunset Circle, both addressed the board. They spoke with the attorney this morning, and he is working on the probate for Donna Keith’s will. They should have it done within 10 days. The insurance company was requesting the letter of docility. The insurance company did not inform them that they would require those forms. The insurance company is requiring that Donna Keith be on the forms. Currently, Mr. Robbins has continued to work on the house by using own funds. They have removed the kitchen cabinets, and designers are working on placement of the new kitchen cabinets. Once they receive funds, they will be able to have the cabinets ordered. They also purchased the hurricane straps. They have started on the remediation of the house. In the next few days, they will be able to sand down the surfaces and retreat it again. They hope the checks will be in sometime in May. The paperwork will be mailed off to the law offices of the insurance company in Dallas; then, they will file it in their system and send it to the local agent. Once that is received, the agent will contact the lawyers in Dallas to review it and make a determination. Their lawyers have told them hopefully it will take 10 days to 2 weeks, but it could take longer if any signature or procedures are done in error or if they are waiting for any paperwork from the probate court.

 

Mr. Christiansen asked the commission if anyone had any other questions.

 

Mr. Banks asked if they were doing any repairs on the house.

 

Ms. Parrish responded that they were not making repairs. They have removed the damaged drywall and are doing the remediation to the structure. They have not done any work that required a permit.

 

Mr. Banks stated that installing hurricane straps might require a permit and recommended that the property owner contact the Building Department’s Plan Examiner.

 

Ms. Parrish stated that they only purchased the items but have not installed them. The engineer they hire will contact the Plan Examiner once they start installing them.

 

Mr. Christiansen read the order.

 

On page 2, Ms. Beasley added the appearances.

 

Mr. Christiansen continued to Section III the Findings.

 

Section C

Item was marked. Owners appeared as ordered and provided documentation of status of insurance proceeds.

 

Mr. Weathered stated in the order it does states what the owners are to provide to this hearing and what has been provided in the previous hearings.

 

Section D

Item 1 was marked N/A.

 

Item 2 was marked N/A

 

Item 3 was marked N/A.

 

Item 4 was marked N/A.

 

Item 5 was marked N/A.

 

Item Other was marked: See section C above. 

 

Mr. Weathered stated on page 4 section IV Orders that the commission can mark the section “see prior orders” by reference and any updates they want to items 9 and 10 after doing that.

 

Item 1 was marked “See Prior Orders which are incorporated by reference unless otherwise noted below. All items 1 thru 8 in this section were marked N/A.

 

Item 9

Item was marked. June 5, 2014 6pm.

 

Item 10

Item was marked. Provide status report and proof of proceeds or letter or other correspondence that indicates status of insurance proceeds. All documentation should be delivered to Code Compliance at 600 W Walker, League City.

 

Item 11

Item was marked N/A.

 

Mr. Christiansen then continued to section V Special Additional Findings for Demolition if Applicable; it was marked not applicable for both item 1 and 2.

 

Mr. Christiansen moved to section VI Compliance.

 

Ms. Beasley stated that the entire section would be marked N/A.

 

Mr. Christiansen asked Mr. Weathered if they needed to mark it N/A.

 

Mr. Weathered responded in the affirmative.

 

Mr. Christiansen moved on to page 7 and Compliance Order was checked. 

 

Ms. Beasley made a motion to sign the Order, recorded and a copy be provided to the property owner tonight.

 

Mr. Christiansen stated they will take a brief recess to sign the order.

 

Mr. Weathered asked if the determination was with the approval of all three commissioners.

 

Mr. Christiansen stated that he was about to make a motion to accept the order as it was discussed.  

 

Mr. Christiansen made a motion to make the order a compliance order as discussed.

 

Ms. Beasley 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 stated that the board would take a brief recess to sign the order.

 

Mr. Christiansen called the hearing back in order at 6:34 pm.

 

B.     Hold a third 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; SECOND PUBLIC HEARING WAS CONTINUED 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, Birminggham, Alabama, 36201

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

 

Mr. Frank LeBlanc, Code Compliance, gave the commission an update on the case. Staff received an email from Mr. Garcia, property owner, dated Wednesday April 23rd 2014. In the email, he will be having surgery on May 2, 2014. He also forwarded an email from Jordan Jenkins, bank representative, stating that it will be another 2 weeks before they can provide information about his loan application.  Staff recommends the case to be reset due to the owner having surgery.

 

Ms. Beasley made a motion to continue this matter to the next hearing in June 5th, 6 pm.

 

Ms. Benoit seconded the motion.

 

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

 

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

 

C.     Hold a public hearing with possible action on BASC14-04 (1804 Wren Drive), 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 1804 Wren Drive, League City, Texas 77573, legally described as Lot eighteen (18), in Block six (6) of Clear Creek Heights, Section 1, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 1616, Page 188 in the Office of the County Clerk of Galveston County, Texas.

 

OWNERS/LIENHOLDERS

Inova Simmons Anding, and joined pro forma by husband David Anding, 1804 Wren Drive, League City, Texas 77573

Mortgage Electronic Registration Systems, Inc (MERS) Attn: Martha Munoz, Vice President, P.O. Box 2026 Flint, Michigan 48501-2026

Resmae Mortgage Corporation, 3350 East Birch Street, Suite 102, Brea, CA 92821

Ricky L. Gilmore (Abstract /Judgment Creditor) 9850 Meadow Glen Lane, Apt 205, Houston, TX 77042

U.S. Bank, National Association, As Successor Trustee to Bank of American, N.A., As Successor by Merger to LaSalle Bank, N.A., As Trustee for the Certificate Holders of the MLMI Trust Mortgage Loan Asset-Backed Certificates Series 2006-RM1, C/O BAC, M/C: CA6-914-01-43, 1800 Tapo Canyon Road, Simi Valley, CA 93063

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

Polunsky & Bietel, LLP, Attn: Allan B. Polunsky, Trustee, 8000 IH-10 West Suite 1600, San Antonio, Texas 78230-3892

 

Mr. Lonzell Banks, Code Compliance Official, presented the case to the board. He stated that the property located at 1804 Wren was identified in December 2012 as a dangerous dilapidated structure. During the inspection that staff conducted at this location, 3 conditions were identified that qualifies the property as meeting the Dangerous Building Substandard Structure list. Those conditions are 1, 6, and 11. The board was provided with those conditions found and a copy of the Power Point of the inspection. Mr. Banks asked the board if they will allow for staff to present the Power Point.

           

Mr. Christiansen responded in the affirmative.

 

Mr. Banks presented the Power Point to the board with photographs of the condition of the structure and description of violations found within the structure.

 

Mr. Banks stated that staff has received an email from Mr. Molliner, a representative for the property owner, stating that they have received notice of the hearing. The property owner has received approval to have the foundation repairs done and the brick work on the exterior of the structure. Staff recommends the structure be repaired or demolished. The owner is present and will address the board with information of the funding for the repairs.

 

Mr. Hank Molliner, 619 S Shady Lane, La Porte, is a representative of Carrington Real Estate Services and their client Nation Star Mortgage, the asset management for this property. His company has recently been assigned this property and learned of the violations on the first week of April. He has spoken to Frank LeBlanc regarding the violations and has received estimates for foundation repair and brick work. Once all the necessary repairs are done, the bank will liquidate the property to a person who will completely rehabilitate the structure and sell it. He has received approval for both the foundation for $7500 by Allied foundation and the brick work from a local contractor. The scope of the work will include sealing all the cracks and the mortar and bricks. Everything will be waterproofed to prevent any additional decay, as well as the foundation repaired and stabilized.

 

Mr. Christiansen asked if he has a time table for the repairs.

 

Mr. Molliner responded that he anticipates it will take 30 days based on the amount of time it will take the foundation company to start the repair work. He will try to move forward with the repairs as soon as possible because the bank wants to liquidate as quickly as possible.

 

Ms. Beasley asked if the foundation and exterior work will be the only work being done to the house. She also asked if they will do any interior repairs and secure the property.

 

Mr. Molliner responded in the affirmative. The bank will do the foundation and exterior work, as well as keeping the house secured. The house is not unsecured and the property has done the landscaping for the property. Once those repairs are done, the bank will liquidate it to an investor who will finish any other work needed to sell the property.

 

Mr. Christiansen asked if anyone else had any additional questions.

 

There were none.

 

Ms. Beasley asked Mr. Weathered if the Order should be addressed to Inova Simmons Anding and David Anding, and if this address is right and to verify that these are the owners.

 

Mr. Weathered responded in the affirmative. He suggested the order be addressed in that manner because that is who real property records confirm as the owners. He did note that there was a foreclosure proceeding, but it did not go forward in April. 

 

Mr. Banks asked the board if staff could recommend that the sewer pipes be capped off properly and the electrical wiring be secured.

 

Ms. Beasley asked how they would secure the wiring and if there was electricity connected to this property.

 

Mr. Banks responded in the affirmative that the house did not have any electricity. With the junction boxes being in suspense, they need to be nailed to studs and the connections need to be tied in properly.

 

 Mr. Christiansen began to read the order.

 

On page 2, Ms. Beasley added the appearances.

 

Mr. Christiansen continued to Section III the Findings.

Section B was marked, brick single family home.

 

Ms. Beasley stated Item 1, 6, and 11 will be marked unless the board wanted to discuss any other findings.

 

Ms. Benoit asked, since staff was concerned about the wiring, if they should also mark item 4. Are there any gas or utilities that could cause or promote fire?

 

Ms. Beasley asked staff if all utilities were turned off.

 

Mr. Banks responded in the affirmative.

 

Mr. Weathered asked staff if utilities could only be reactivated with a C of O.

 

Mr. Banks responded in the affirmative.

 

Ms. Benoit asked what a C of O was.

 

Mr. Weathered explained it was a Certificate of Occupancy that was issued by the Building Department.

 

Ms. Beasley asked if the board still wanted to mark item 4.

 

Ms. Benoit responded that since there are no utilities on in the house, it would not be necessary.

 

Item 1

Item was marked.

 

Item 6

Item was marked.

 

Item 11

Item was marked.

 

Mr. Christiansen moved on to Section IV Orders on page 5.

 

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 with June 5, 2014 for repairs.

 

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 with June 5, 2014 6pm.

 

Mr. Christiansen stated that if on the June 5th meeting the repairs are not complete, then they should provide the board with a time and scope report.

 

Ms. Beasley asked if the board should mention on item 10 what repairs are necessary.

 

Mr. Banks stated that the necessary permits are pulled. Once the work has been inspected based on the permit that are pulled, the electrical company will come out and allow for the meter to be installed. The same goes for the foundation repairs and brick ties that will be done; these repairs will also require inspections. The property will not be given a C of O until all of the necessary inspections have been approved.

 

Ms. Beasley stated for the record that the order states that permits are necessary.

 

Item 10

Item was marked. Repairs to be made: Foundation repair, tuck pointing and replacing masonry, secure loose junction boxes, secure wire connections to those junction boxes, cap open plumbing line(s).

 

Item 11

Item was marked N/A.

 

Section V Special Additional Findings for Demolition if Applicable was marked N/A for both items.

 

Mr. Christiansen moved on to page 7 Section VI Compliance was marked under Compliance Order.

 

Mr. Christiansen stated that if there was no further discussion on the order, then he was ready for a motion.  

 

Ms. Benoit made a motion to approve the compliance order as discussed.

 

Ms. Beasley 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 stated that the board would take a brief recess to sign the order.

 

Ms. Beasley stated that the public hearing was not closed.

 

Mr. Christiansen responded that he would close the public hearing in retrospect. He asked if anyone else was here to speak on behalf or against this property.

 

There were none.

 

The public portion was closed at 7:03 pm.

 

The board will take a 5 minute recess at 7:03 pm.  

 

Mr. Christiansen called the hearing back in order at 7:11 pm.

 

D.     Hold a public hearing with possible action on BASC14-05 (406 East Hawthorne Street), 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 406 East Hawthorne Street, League City, Texas 77573, legally described as Lots eleven (11) and twelve (12), in Block twenty-five (25) of Moore’s Addition to the Town of Dickinson, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 155, Page 10 in the Office of the County Clerk of Galveston County, Texas (Now filed under Volume 7, Page 1 of map records of Galveston County, Texas).

 

OWNERS/LIENHOLDERS

Daniel Lorenzo A. Delgado, 406 E. Hawthorne St, League City, Texas 77573

and 2106 Alaska Ave, League City, Texas 77573-7706

 

Mr. Lonzell Banks, Code Compliance Official, presented the case to the board. He stated that there are two structures located on the property. One structure is a mobile home, and the secondary structure is a framed structure. Staff has had a case against these structures since 2012. It is staff’s recommendation to have both structures demolished. If the trailer could be removed from the property, they would allow it to be, but the trailer is in such disrepair that it might not be able to be moved. Staff conducted an inspection of both of these structures and identified 6 conditions that the structures meet for the Dangerous Building Substandard Structure list. Those conditions are 1, 3, 4, 5, 6 and 12. The board was provided with those conditions found and a copy of the Power Point of the inspection.

 

Mr. Banks presented the Power Point to the board with photographs of the condition of the structure and description of violations found within the structure.

 

These structures are inhabitable and currently are used as storage of construction debris. It staff’s recommendation to have both structures demolished.

 

Mr. Christiansen asked if there is power to any of these structures.

 

Mr. Banks responded that currently there is a meter at this location. He contacted the power company, Texas New Mexico, to request to have the meter removed. The power company inspected the meter and removed all electric wires from the meter but did not remove the meter itself.

 

Ms. Benoit asked if the structures in the photo, which were perpendicular to each other, if one of them is a house.

 

Mr. Banks responded in the affirmative. The turquoise building is a house. The other structure is a trailer.

 

Ms. Beasley asked how close each building was from the other.

 

Mr. Banks responded that the structures were about 20 to 30 feet.

 

Ms. Benoit asked if both structures were on the same piece land.

 

Mr. Banks responded in the affirmative.

 

Ms. Benoit asked why one structure listed “Alaska” as the street address.

 

Mr. Banks responded that there was an error on the street address, but it has been corrected in our system.  However, the Galveston Appraisal District has not updated their records as of yet.

 

Ms. Benoit asked if the structures had power and water to both buildings.

 

Mr. Banks responded that there is no water and no sewer to any of the structures. He cannot confirm if there is currently any power to the buildings because there is still an electric meter on this property. 

 

Ms. Benoit asked if the structures were both unoccupied.

 

Mr. Banks responded in the affirmative.

 

Mr. Weathered asked Mr. Banks to clarify a statement. He testified that the residential structure is in violation of city code on the order on page 3 to have 1, 3, 4, 5, 6, and 12. Is this correct?

 

Mr. Banks responded in the affirmative.

 

Mr. Weathered asked if in the secondary structure was also found in violation of 1, 3, 4, 5, 6, and 12.

 

Mr. Banks responded in the affirmative. Both structures had those violations.

 

Mr. Weathered asked Mr. Banks if both structures are secured.

 

Mr. Banks responded that both structures are secured.

 

Ms. Benoit asked if either structure was in violation of item 2; she also asked if the structures can be expected to withstand reasonably anticipated weather conditions such as storms and hurricanes.

 

Mr. Banks responded that both structures have withstood the last few storms.

 

Ms. Benoit asked if Mr. Banks believed that the roof for those structures could continue to withstand storms.

 

Mr. Banks responded that, based the last inspection, bracing was added to the joist but they are not up to code.

 

Mr. Antonio G Delgado Jr, 2100 Alaska League City, addressed the board. He has owned this property since 1978. This frame structure has been on the property since 1978. The beam Mr. Banks had talked about came with the house when he purchased the property. He would like to repair the structure. He does not reside in this structure and it is only used for storage. He would replace the siding and hire an electrician to repair the electrical wiring.

 

Mr. Christiansen asked Mr. Delgado if he plans to fix both structures.

 

Mr. Delgado responded that he was not planning to repair both structures. He will remove the trailer. He had a third structure out there, and it was demolished per request of the city. He was planning to replace the sheetrock in the frame structure; then city informed him of the hearing to determine if the structures were dilapidated, so he decided to hold off on any repairs.

 

Ms. Beasley asked if, once he repaired the building, what future plans he had for the structure.

 

Mr. Delgado responded that he planned to give it to his son or daughter.

 

Ms. Beasley asked if he was aware that there would be a cost to get sewage and water to the structure.

 

Mr. Delgado responded that he would not use it as a house but as a storage building.

 

Mr. Christiansen asked if he plans to remove the trailer first.

 

Mr. Delgado responded that he planned to repair the framed structure first and tear the trailer down.

 

Mr. Christiansen asked if he had a time frame for these repairs.

 

Mr. Delgado responded that he would try to finish it within 90 days due to his fixed income. If he finishes it sooner, he would inform the board of the completion.

 

Ms. Beasley asked if he was aware of the cost to do the repairs.

 

Mr. Delgado responded that the cost to demolish is more expensive. He had to demolish a structure in the past and just the dumpster alone was over $3000. The entire demolition could cost him over $10,000. Once he finished demolishing his structure and removed all the debris, the city provided dumpsters for the neighborhood to use.

 

Mr. Banks stated the city did have a clean-up project in the Shellside subdivision, which is where his property is located, and which provided temporary dumpsters for those in the subdivision. He also stated that currently there is no water or sewer access to this property. In order for this structure to be habitable structure, the structure would be required to have sanitary means.

 

Ms. Beasley asked if this structure has to be a habitable structure or can it be turned into a storage building.

 

Mr. Banks responded that the ordinance does not allow a storage building without a primary structure.

 

Mr. Christiansen asked Mr. Delgado if he understood. This structure cannot be made into a storage unit because the ordinance requires that a primary structure also be on the property to allow a storage building or other secondary structure to be on site. So Mr. Delgado would be required to make the wooden structure into a habitable structure, which would require that it be brought up to code including water, septic and electricity. The board wants to make sure the property owner understood.

 

Ms. Beasley stated that this structure will need to be repaired back into a house based on the ordinance. Ms. Beasley asked the property owner if he would like 30 days to look into the cost of repairs and come back to the board with his decision.

 

Mr. Delgado responded that he would take the 30 days to come up with a solution.

 

Ms. Beasley stated that the board will get the paperwork for him to take tonight stating he has 30 days to come back to the board with his decision.

 

Mr. Weathered wanted to state for the record that the 2014 appraisal reassessed value report has a reflection of improved value for the property at $40630, with the land valued at $13000 and the replacement value of $27,630 for both structures.

 

Ms. Beasley asked if that amount was for both structures, and if the County was aware of the second structure.

 

Mr. Weathered responded that staff informed him the replacement value is for both structures. He also indicated that the property owner stated he would need 90 days to do the repairs which would required a time and scope repair and estimates of repairs.

 

Mr. Christiansen opened the public hearing at 7:43 and asked if anyone wanted to talk for or against the property.

 

There were none.

 

The public hearing was closed at 7:43pm.

 

Mr. Christiansen began to read the order.

 

On page 2, Ms. Beasley added the appearance.

 

Ms. Beasley continued to Section III the Findings and corrected item B with buildings.

 

Mr. Weathered suggested for purpose of the order to list them as item 1, frame structure, and item 2, trailer building, because when the board goes through the findings they can make a distinction as to whether they are finding that for item 1 or 2.

 

Item B

Marked with #1 wooden framed structure and #2 trailer building

 

Mr. Christiansen moved on to the finding marked item 1, 3, 4, 5, 6, and 12.

 

Ms. Beasley indicated that the bottom of the section of the order will reflect that  these findings are for both building #1 and #2.

 

Mr. Christiansen moved on to section IV Orders.

 

Item 1

Item was marked.

 

Item 5

Item was marked with TBD.

 

Item 9

Item was marked with June 5, 2014 6pm.

 

Item 10

Item was marked. Owner will tell the commission whether he intends to demolish or repair the buildings. Estimates, time & scope reports should be provided at the meeting.

 

Ms. Beasley added to Item 9 a condition that the Owner shall provide city staff a status/compliance report at least 3 days prior to the next meeting and delivered to Code Compliance at 600 West Walker.

 

Section V Special Additional Findings for Demolition if Applicable was marked N/A for both items.

 

Section VI Compliance was marked Compliance Order.

 

Mr. Christiansen stated that if there was no further discussion to the compliance order, then he would make a motion to accept the order as it was discussed.

 

Ms. Benoit 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 stated that the board would sign the order and give a copy to the property owner tonight.

 

 

V.        Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Mr. Christiansen seconded the motion.

 

Mr. Christiansen asked for a vote

 

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

 

            Mr. Christiansen adjourned the meeting at 7:52 p.m.

 

 

 

___________________________________              ______________________________

Lonzell Banks                                                             James R. Christiansen,

Code Compliance Official                                         Chairperson, Zoning Board of Adjustment/ 

                                                                                    Building and Standards Commission