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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

AUGUST 7, 2014

6:00 PM

City Council Chambers

200st Walker Street

 

 

 

 

 

 

 

 

 

 

 

I.          Call to order and Roll call of members

 

II.        Approval of Minutes

A.  July 10, 2014

 

III.       The Swearing in of Speakers and Witnesses

 

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

A.  Hold a seventh 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; SIXTH PUBLIC HEARING WAS CLOSED ON 07-10-2014 )

 

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 fourth 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; THIRD PUBLIC HEARING WAS CLOSED ON 06-05-2014)

 

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

 

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 1ST DAY OF AUGUST, 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, AUGUST 7, 2014 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER STREET

*************************************************************

 

I.          Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:02 p.m.

 

Members present:                                                        Members absent:

James R. Christiansen, Chair                                       Janet Alleman

Amy Beasley, Vice-Chair                                            Elizabeth Scully                                 

Katie Benoit                                                                 Michael Hendershot*

           

City Representatives:

Mark Linenschmidt, Senior Planner

Frank LeBlanc, Code Compliance Officer

 

Mr. Christiansen corrected the date from July 10 to August 7.

 

II.        Swearing in of Witnesses

A.  Mr. Christiansen stated that all witnesses are continued to be sworn. Mr. Christiansen stated that were no witnesses present at this meeting.

 

III.       Approval of Minutes

A.  July 10, 2014

 

Ms. Beasley made a motion to approve the minutes of July 10, 2014 as they are written.

 

Ms. Benoit seconded the motion.

 

Mr. Christiansen asked for a vote.

 

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

 

IV.       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; SIXTH PUBLIC HEARING WAS CLOSED ON 07-10-2014)

 

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 the commission with an update for 220 Englewood Drive. The property owners have obtained a permit for foundation repairs, and an inspection was conducted today for those repairs. The foundation has been repaired. There has been no other repairs done to the structure nor any other permits obtained by the property owner. The property owners have not contacted staff regarding funding from the probate. The property is being maintained.   

 

Ms. Beasley asked the City Attorney if the commission can postpone their ruling on this matter to give the property owners time to arrive to the meeting or if the commission has to make their ruling now.

 

Mr. Weathered, City Attorney, replied in the affirmative. The commission could postpone their consideration and move onto the next item.

 

Ms. Beasley made a motion to postpone this item and move onto the next item.

 

Ms. Benoit seconded the motion.

 

Mr. Christiansen stated that the motion passed unanimously in favor of postponing this item to allow the property owners additional time to arrive to this meeting.

 

B.   Hold a fourth 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; THIRD PUBLIC HEARING WAS CLOSED ON 06-05-2014)

 

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 Officer, gave the commission an update on the case. The property owner has not contacted staff regarding the repairs to the structure. The property owners did obtain a permit for foundation. He conducted a visual inspection, and the foundation repairs were complete. The roof was also repaired but no permit was on file for those repairs. The city had to mow the property, and a lien has been filed against the property. The property owner was to bring a timeline and scope of work estimate for the repairs; based on the recent exterior inspection, they will need to do additional repairs to the structure. When the property owner did the foundation repairs, they did not do the tuck pointing to replace the cracks on the exterior walls. There were also gaps and holes around the bottom of the foundation that will need to be filled. Staff will yield to the decision of the board.

 

Mr. Christiansen asked when the mowing was done.

 

Mr. LeBlanc replied that the mowing was done last month after giving the property owner two months to mow it themselves.

 

Mr. LeBlanc also stated that the notice of hearing was returned undeliverable.

 

Ms. Beasley asked what address the notice was sent to. The address the board has is Cardinal Creek Court in Houston.

 

Mr. LeBlanc replied in the affirmative that this is the address the notice was sent to. Previous notices were sent to them at that address, and the notices were received.   

 

In consideration of the order, Ms. Beasley stated that the name “Lonzell Banks” was scratched off on page 2 under “Appearances for City” and on page 3 the word “NONE” was written for “Appearances for Owners/Lienholders.”

 

Mr. Christiansen continued to section III Findings on page 3.

 

Item D was marked and circled “has not” shown sufficient cause why this hearing should not proceed for final adjudication.

 

Item was marked N/A under “Owner has substantially complied.”

 

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

 

Item was marked “Owner has failed to comply, although provided adequate time to do so and civil penalties are indicated as addressed hereafter.”

 

Item was marked N/A under “Evidence provided to the Commission of the costs of repairs and related value of the building.”

 

Mr. Christiansen moved section IV “The Orders.”

 

Item was marked, “See prior Orders.”

 

Item 1 was marked.

 

Mr. Weathered stated that if the commission wants what is in the prior order, then they would look at item 9 and 10 for general changes. He also stated that item 7 would be marked if the board requires the property owner to eliminate any conditions that create breeding and living places for insects and rodents.

 

Ms. Beasley asked staff if the holes along the foundation could gather water and become a breeding ground for mosquitoes.

 

Mr. LeBlanc replied in the affirmative.

 

Item 7 was marked with September 4, 2014.

 

Item 9 was marked with September 4, 2014.

 

The commission discussed how to mark Item 10.  

 

Item 10 was marked, “Show cause why civil penalties should not be assessed. See Below Article VI.”

 

Section V “Special Additional Findings for Demolition if Applicable” was marked N/A.

 

Section VI “Compliance”

 

Item 1 was marked.

 

Item 2 was marked.

 

Item 3 was marked.

 

Item 4 was marked N/A.

 

Item 5 was marked N/A.

 

The order was marked as a “Compliance Order.”

 

Ms. Benoit made a motion to approve the order.

 

Ms. Beasley seconded the motion.

 

Mr. Christiansen asked if there were no further discussion he would ask for a vote.

 

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

 

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

 

Mr. Christiansen returned to item VI: A) Hold a sixth public compliance hearing with possible action on BASC14-01 (220 Englewood Dr).

 

The commission moved forward with the order.

 

In consideration of the order, Ms. Beasley scratched out “Lonzell Banks” for “Appearances for City,” and page 3, “Appearances for Owners/Lienholders & Other Appearances” was marked with “None.”

 

Mr. Christiansen continued with section III Findings.

 

Item D was marked with “has not shown sufficient cause why this hearing should not proceed for final adjudication.”

 

Item was marked N/A on “Owner has substantially complied.”

 

Item was marked N/A on “Owner has provided evidence of cost of repairs and time table for performance of work.”

 

Item was marked “Owner has failed to comply, although provided adequate to do so and civil penalties are indicated as addressed hereafter.”

 

Item was marked N/A “Evidence provided to the Commission of the costs for repairs.”

 

Mr. Christiansen continued to section IV Orders.

 

Item was marked, “See prior orders.”

 

Item 9 was marked and dated for September 4, 2014 at 6pm.

 

Item 10 was marked, “Show cause why civil penalties should not be assessed. See below Article VI.

 

Section V “Special Additional Findings for Demolition” was marked N/A.

 

Section VI “Compliance”

 

Item 1 was marked.

 

Item 2 was marked.

 

Item 3 was marked.

 

Item 4 was marked N/A.

 

Item 5 was marked N/A.

 

The order was marked as a “Compliance Order.”

 

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

 

Ms. Benoit seconded the motion.

 

Mr. Christiansen with no further discussion he would ask for a vote.

 

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

 

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

 

V.        Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Ms. Benoit 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 6:36 p.m.

 

 

 

_______________________              _______________________

Lonzell Banks                                     James R. Christiansen,

Code Compliance Official                  Chairperson, Zoning Board of Adjustment/         

Building and Standards Commission         

 

Date minutes approved: ___________________