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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

JULY 10, 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.  June 5, 2014

 

III.       The Swearing in of Speakers and Witnesses

 

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

A.  Hold a public hearing and take action on a Zoning Board of Adjustments Application, ZBA 14-01 (510 Georgia Avenue), a request for a variance to the 25-foot front yard setback requirement (Section 125-70.(c).) on approximately 0.21 acres zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), legally described a Lot 9 of the Lawrence Third Addition Subdivision, generally located on the east side of Georgia Avenue and south of East Walker Street with the address of 510 Georgia Avenue.

 

B.   Hold a public hearing and take action on a Zoning Board of Adjustments Application, ZBA 14-02 (104 South Gulf Freeway), a request for a variance to the maximum height requirement of 42.5 feet for pylon signs located on freeways (Table 1.A. of the Sign Ordinance – Chapter 90) on approximately 1.38 acres zoned “CG” (General Commercial), legally described as ABST 3 PAGE 2 PT OF RESERVE A STAR LEAGUE, generally located on the southeast corner of I-45 and F.M. 518, with the address of 104 South Gulf Freeway.

 

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

A.  Hold a sixth 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; FOURTH PUBLIC HEARING WAS CLOSED ON 05-01-2014; FIFTH PUBLIC HEARING WAS CLOSED ON 06-05-2014 )

 

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 second public compliance 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.

(INITIAL PUBLIC HEARING WAS CLOSED ON 05-01-2014; FIRST PUBLIC COMPLIANCE HEARING WAS CLOSED ON 06-05-2014)

 

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

 

VI.       Adjournment

CERTIFICATE

 

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, BY THE 3rd DAY OF JULY, 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                                                                            RICHARD WERBISKIS   

CODE COMPLIANCE OFFICIAL                                                  CITY PLANNER

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY, JULY 10, 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 6:06 p.m.

 

Members present:                                                       Members absent:

James R. Christiansen, Chair                                      Janet Alleman

Amy Beasley, Vice-Chair                                           Elizabeth Scully                                  

            Katie Benoit   

            Michael Hendershot*

           

City Representatives:

Rich Werbiskis, City Planner

Mark Linenschmidt, Senior Planner

Wallis McMillin, Planner

Frank LeBlanc, Code Compliance Officer

 

II.        Approval of Minutes

A.  June 5, 2014

 

Mr. Christiansen made a motion to approve the minutes of June 5, 2014.

 

Mr. Christiansen asked for a vote.

 

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

 

III.       Swearing in of Witnesses

A.  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.

 

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

 

IV.       New Business

A.  Hold a public hearing and take action on a Zoning Board of Adjustments Application, ZBA 14-01 (510 Georgia Avenue), a request for a variance to the 25-foot front yard setback requirement (Section 125-70.(c).) on approximately 0.21 acres zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), legally described a Lot 9 of the Lawrence Third Addition Subdivision, generally located on the east side of Georgia Avenue and south of East Walker Street with the address of 510 Georgia Avenue.

 

Wallis McMillin, Planner, presented the item to the Board. She indicated that the applicant was seeking a 5-foot setback. She added that, should the variance be approved, the residence would be set back in keeping with the remainder of the existing homes on the block.

 

Mr. Christiansen asked for the applicant to come forward.

 

H.L. Helms, 1800 Blazing Star Drive, La Porte, Texas, came to the podium.

 

Mr. Christiansen asked Mr. Helms to summarize what he wanted to do on the property.

 

Mr. Helms responded that they wanted their new house to be in line with the neighborhood.

 

Mr. Christiansen asked if it was mainly for aesthetics.

 

Mr. Helms responded in the affirmative.

 

Ms. Benoit asked if there was a neighborhood HOA.

 

Mr. Helms responded in the negative.

 

There was a discussion.

 

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

 

Mr. Christiansen indicated that the variance was required to be heard by at least 75% of the Board (4 members) and be approved by 75% of the members, meaning that all four members had to vote in favor of the eight (8) tests.

 

Mr. Christiansen began the vote.

 

Test #1: Such variance will not be contrary to the public interest. 

True: 4   False:  0

 

Test #2: Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance sought is located.

True: 4   False:  0

 

Test #3: Such variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

True: 4   False:  0

 

Test #4: Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought.

True: 4   False:  0

 

Test #5: Such variance will be in harmony with the spirit and purposes of this Ordinance.

True: 4   False:  0

 

Test #6: The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to, or the result of, general conditions in the district in which the property is located.

True: 4   False:  0

 

Test #7: The variance will not substantially weaken the general purposes of this Ordinance or the regulations herein established for the specific district.

True: 4   False:  0

 

Test #8: The variance will not adversely affect the health, safety, and welfare of the public.

True: 4   False:  0

 

Ms. Beasley made a motion subject to the condition that the house is consistent with adjacent setbacks.

 

Ms. Benoit seconded the motion.

 

Mr. Christiansen asked for a vote.

 

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

 

B.   Hold a  public hearing and take action on a Zoning Board of Adjustments Application, ZBA 14-02 (104 South Gulf Freeway), a request for a variance to the maximum height requirement of 42.5 feet for pylon signs located on freeways (Table 1.A. of the Sign Ordinance – Chapter 90) on approximately 1.38 acres zoned “CG” (General Commercial), legally described as ABST 3 PAGE 2 PT OF RESERVE A STAR LEAGUE, generally located on the southeast corner of I-45 and F.M. 518, with the address of 104 South Gulf Freeway.

 

Wallis McMillin, Planner, presented the item to the Board. She indicates the request was for a 37.5 foot variance. There was an existing 80-foot high sign installed on the property prior to the sign ordinance, and the applicant is requesting to keep the existing nonconforming sign. Currently, the maximum for a sign on I-45 is 42.5 feet in height.

Mr. Christiansen asked about the City’s view of the plight of the Owner based on the future TxDOT acquisition.

 

Ms. McMillin indicated that her understanding from TxDOT regarding their timeline for construction on I-45 is between 2017 and 2022, and they anticipate on beginning acquiring rights-of-way approximately 2 years prior to construction.

 

Ms. Benoit asked when TxDOT announced that they would be expanding I-45.

 

Ms. McMillin indicated that it’s been in the works for a while.

 

Mr. Christiansen asked if there were any more questions for staff.

 

There were none.

 

Mr. Christiansen asked for the applicant to come forward.

 

Todd Haltom, 2211 Peck Road, Houston, Texas 77055, is representing the sign company for the property owner, who has reconstructed the building.

 

Ms. Beasley asked for whom the Owner had to change their sign.

 

Mr. Haltom indicated they needed to change their sign as a requirement of Shell, as a result of the Owner’s upgrade. He added that they were proposing to refurbish the sign until the Owner found that TxDOT would purchase the property where the existing sign is located. He further added that the Owner is asking to take the exact same sign design and just move it behind the building.

 

Ms. Benoit asked why the existing poles would not be used.

 

Mr. Haltom indicated that the poles were physically concreted in the ground and they would have to be cut out in order to take them out. He added that moisture has infiltrated the existing poles in the ground and rusted it out.

 

Mr. Hendershot asked if windstorm requirements had to be applied to the sign.

 

Mr. Haltom responded that the new sign would meet windstorm requirements, but the existing sign does not. He added that the new sign would be signed by a professional engineer.

 

Ms. Benoit asked the City if the applicant could receive a permit just to change the face of the existing, nonconforming sign.

 

Mr. Weathered responded that he believed there was a misunderstanding of the 60% rule. He explained that the 60% rule references damage.

 

Ms. Benoit asked if the sign was damaged, if a new face could be placed on the existing sign.

 

Mr. Weathered responded that it depended upon if the sign met the criteria for damage as it relates to windstorm.

 

There was a discussion regarding a nearby sign with a similar issue regarding future TxDOT expansion.

 

Mr. Hendershot asked if the property owner was the same as the previous gas station.

 

Mr. Haltom answered in the affirmative.

 

Ms. Beasley asked if anyone wanted to have any discussion.

 

There was a discussion regarding the intent of the sign ordinance and the reconstruction of the site.

 

Mr. Christiansen began the vote.

 

Test #1: Such variance will not be contrary to the public interest. 

True: 0   False:  4

 

Test #2: Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance sought is located.

True: 4   False:  0

 

Test #3: Such variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

True: 0   False:  4

 

Test #4: Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought.

True: 0   False:  4

 

Test #5: Such variance will be in harmony with the spirit and purposes of this Ordinance.

True: 0   False:  4

 

Test #6: The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to, or the result of, general conditions in the district in which the property is located.

True: 0   False:  4

 

Test #7: The variance will not substantially weaken the general purposes of this Ordinance or the regulations herein established for the specific district.

True: 0   False:  4

 

Test #8: The variance will not adversely affect the health, safety, and welfare of the public.

True: 2   False:  2

 

Mr. Hendershot made a motion to deny the variance.

 

Ms. Benoit seconded the motion.

 

Mr. Christiansen asked for a vote.

 

The motion was denied unanimously with a vote of 4-0-0.

 

Mr. Christiansen then signed and dated the Variance Finding Form.

 

Mr. Christiansen stated that the board would take a brief recess to sign the variance at 6:47 pm.

 

Mr. Christiansen called the hearing back in order at 7:50 pm.

 

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

A.  Hold a sixth 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; FOURTH PUBLIC HEARING WAS CLOSED ON 05-01-2014; FIFTH PUBLIC HEARING WAS CLOSED ON 06-05-2014 )

 

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 Officer, provided for the commission an update from the property owner. The property owners continue to wait for probate court to make a decision and release the funds in their name. The property owner has provided staff with paperwork and an email regarding the probate court, stating that the property owners have not received funding as of yet. 

 

Candy Parrish, 305 Wakefield Drive League City TX, and Mark Robbins, 1018 Sunset Circle, addressed the board.

 

Ms. Parrish stated that she has paid for the probate for both of the estates, so instead of Mr. Robbins being the executor, she would be sole executor of the estate. In doing so, Ms. Parrish can be reimbursed for any money used to do repairs to the structure while she waits for the probate court. She will start with some of the repairs. The probate court should make their decision by July 15th.  She has hired a contractor to repair the foundation and roof, as well as put in windows and hurricane clips.   

 

Mr. Christiansen read the order.

 

On page 2, Ms. Beasley added the “appearances” and scratched out Lonzell Banks’ name.

 

Mr. Christiansen continued to Section III the Findings.

 

Section C

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

 

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.  

 

On page 4 section IV Orders, the commission can mark the section “see prior orders” by reference.

 

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. August 7, 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 continued to section V and VI was marked N/A.

 

On to page 7, Compliance Order was checked. 

 

Ms. Beasley made a motion to accept the order as a compliance order, with all the changes that were reviewed.

 

Mr. Hendershot seconded the motion.  

 

Mr. Christiansen asked for a vote.

 

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

 

Mr. Christiansen stated that the commission would sign the order and give the property owner a copy this evening.

 

Mr. Christiansen stated that the board would take a brief recess to sign the compliance order at 7:07 pm.

 

Mr. Christiansen called the hearing back in order at 7:14 pm.

 

B.   Hold a second public compliance 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.

(INITIAL PUBLIC HEARING WAS CLOSED ON 05-01-2014; FIRST PUBLIC COMPLIANCE HEARING WAS CLOSED ON 06-05-2014))

 

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 78230-389273

 

Mr. Frank LeBlanc, Code Compliance Officer, gave the commission an update on the case. Staff recommends the case to be closed due to the owner making all required repairs and passed all inspections. They have also paid all outstanding fees and liens.

 

Mr. Christiansen asked Mr. Weathered, City Attorney, if the commission should do a final order.

 

Mr. Weathered replied in the negative; he has prepared for the commission an Order of Dismissal and Release of Liens. If the commission finds that there has been compliance and there has been payment, then this order would release and discharge any orders that were filed.

 

Ms. Beasley made a motion to execute this Order of Dismissal and Release of Liens for this property in question tonight July 10, 2014.

 

Mr. Hendershot seconded the motion.

 

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

 

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

 

Mr. Christiansen stated that the board would sign the order of dismal this evening.

 

VI.       Adjournment

 

Mr. Hendershot made a motion to adjourn the meeting.

 

Ms. Benoit second the motion.

 

Mr. Christiansen asked for a vote

 

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

 

      Mr. Christiansen adjourned the meeting at 7:18 p.m.

 

 

 

___________________________________                          ______________________________

Lonzell Banks                                                                        James R. Christiansen,

Code Compliance Official                                                    Chairperson, Zoning Board of Adjustment/           

                                                                                                Building and Standards Commission           

 

Date minutes approved: ___________________