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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

JUNE 5, 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.     May 1, 2014

 

III.             The Swearing in of Speakers and Witnesses

 

IV.              New Business

A.     Consider and take action on a Building Variance, BV14-01, a variance request to Chapter 22-60.(b) of the League City Code of Ordinances, prohibiting the use of aluminum wiring for commercial buildings and allowing for consideration of the use of alternate materials or wiring methods in accordance with Chapter 22-101 of the League City Code of Ordinances.

 

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

A.     Hold a fifth 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)

 

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; SECOND PUBLIC HEARING WAS CONTINUED ON 05-01-2014)

 

Page 2 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

JUNE 5, 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 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 PUBLICHEARING WAS CLOSED ON 05-01-2014)

 

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

 

Page 3 of 3

City of League City

Zoning Board of Adjustments / Building Standards Commission

Regular Session Agenda

JUNE 5, 2014

6:00 PM

Council Chambers, 200 West Walker Street

 

D.     Hold a public compliance 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). (INITIAL PUBLIC HEARING WAS CLOSED ON 05-01-2014)

 

OWNERS/LIENHOLDERS

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

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

 

 

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 30th DAY OF MAY, 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, June 5, 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 6:03 p.m.

 

Members present:                                                       Members absent:

James R. Christiansen, Chair                                       Janet Alleman

Amy Beasley, Vice-Chair                                                                               

Katie Benoit    

Elizabeth Scully                                              

Michael Hendershot

           

City Representatives:

Mark Linenschmidt, Senior Planner

Lonzell Banks, Code Compliance Official

Oscar Arevalo, Building Department

Xochytl Greer, City Lawyer

 

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

 

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.       New Business

A.     Consider and take action on a Building Variance, BV14-01, a variance request to Chapter 22-60. (b) of the League City Code of Ordinances, prohibiting the use of aluminum wiring for commercial buildings and allowing for consideration of the use of alternate materials or wiring methods in accordance with Chapter 22-101 of the League City Code of Ordinances.

 

Oscar Arevalo, the Building Official, presented the item to the commission. He stated that this item was brought to the board by Williams Development who is building the HEB at 2755 East League City Parkway, and a building permit has been issued for that project. The design engineer and electrical engineer have designed the project with aluminum feeders in the main panel going to the subpanels. There is an ordinance that prohibits the use of aluminum wiring past the meter. That ordinance has been in effect for a long time, and it is something the city will look into amending in the future. Due to the size of the project, the plan examiners overlooked that the plans had aluminum being used in that section. Their electrical engineer was not aware, even though it is on our website, that the ordinance had that restriction. So the project went forward, and one of the building inspectors noticed the wiring during their inspection. After meeting with the electrical engineers, it was decided that a variance was required because the building department did not have the authority to allow aluminum. The section of the ordinance states “no aluminum wiring shall be used in the city for electrical purpose in residences, apartments, commercial buildings, and other buildings. No aluminum wiring shall be used past the supply site of the meter at any premise except for temporary services, feeders, and such for construction purposes.” Oscar stated that the last part of the ordinance has been modified recently due to several large projects where the contractors had to use aluminum wiring temporarily purposes. The national electrical code does allow the use of aluminum wiring. He stated that at one point the aluminum was not at a level of standards as they are now, which caused problems with the connectivity. There has been a lot of improvement and even the light company uses aluminum wiring when they bring in their supply to the structure. The main problems occurred in the bust bar and the connection where the aluminum wiring and the other metals that were being used were causing loosens, conflicts, arching and sparking which lead a lot of cities to ban aluminum wiring. A lot of the fires occurred in residential locations. The building department researched other cities regarding aluminum wiring, and several cities are allowing aluminum wiring past the meter in commercial construction. However, they have not found any aluminum wiring being allowed in residential construction. The used of aluminum wiring with the current compatible bust bars is an acceptable practice. The codes allow whenever there are new practices to change with those updates. The electrical codes allow aluminum wiring, but League City’s local ordinance does not allow it. He will be making amendments to that ordinance in the future.

 

Mr. Christiansen asked if anyone had any questions.

 

Ms. Scully asked if there are any commercial buildings in League City that have aluminum wiring up to the electric panel.

 

Mr. Arevalo responded that the electric company brings aluminum up to the meter.

 

Ms. Scully asked if aluminum wiring requires a different kind of panel to be installed to use copper and aluminum together.

 

Mr. Arevalo responded the new panels are compatible with both copper and aluminum wiring.

 

Ms. Benoit asked if the ordinance was for all new construction, residential and commercial, and if the city does not allow it does the National Electrical codes allow it.

 

Mr. Arevalo responded in the affirmative.

 

Ms. Benoit asked about the rules or criteria they have to meet to allow for the variance.

 

Mr. Arevalo responded the board has the authority to consider, based on the code, a new practice or method. The client is coming forward with a request to do a safer or better method.

 

Ms. Benoit asked if the reason for the variance request is due to the project currently being in the middle of construction.

 

Mr. Arevalo responded that the construction has begun, but that is not the only reason. The client had budgeted and designed the project to use aluminum wiring. He did not know the cost to switch it to copper wiring, but there is a substantial difference in using copper wiring to aluminum wiring.

 

Ms. Benoit asked if the city will consider making amends to the ordinance in the future to meet national standards.

 

Mr. Arevalo responded in the affirmative.

 

Mr. Hendershot if the proper traps have been completed. 

 

Mr. Arevalo responded in the affirmative.

 

Mr. Christiansen asked for the representatives of Williams Development to step forward to address the commission.

 

Jeff Fuller, Williams Development representative, stated he has been building HEB stores for over 20 years, and almost all the projects they have been constructing in the last 5 years have aluminum conductors. There are currently 5 other HEB stores being built, and if they were to put in copper, it would be the only one with copper conductors.

 

Mr. Christiansen asked how many stores currently have aluminum conductors within the last 5 years.

 

Mr. Fuller responded he estimated to have at least 25 stores in the last 5 years, which does not, included other projects that that are not HEB.

 

Sam Rodriguez, resides at 10815 Flying Fury San Antonio Texas 78254, and is the senior electrical engineer with Energy Square Texas, the mechanical/electrical/plumbing/refrigeration design firm working with Williams Development on the new HEB project. Whether you use copper or aluminum conductors, the equipment remains the same. The important part is the connection at the end of the cable and how that meets the bust. They are using compression connection, which has one of the best ways to connect to that cable. The national electrical code allows the use of aluminum, provided it is the new AAA8000 alloyed, which is the type they will be using. In the late 70’s aluminum gained a bad reputation due with various house fires in residences due to the type of alloyed, 1350, had a great deal of compressive creep. Over time the heat and cooling expand and arch and eventually cause fires. The new alloyed is much more like copper when you have the right connection. When this type is wrenched down and when it is installed properly, it acts like copper.

 

Ms. Scully asked if Mr. Rodriguez is a licensed PE in the state of Texas.

 

Mr. Rodriguez responded in the affirmative. He is licensed in Texas, Oklahoma and three other states for various projects.

 

Ms. Scully asked if this will be compression fitting that will be put on this and if they will meld the two together to have less chance of sparking.

 

Mr. Rodriguez responded in the affirmative.

 

Ms. Scully asked if the wiring will be going to the refrigeration units.  She also asked what other location would use this type of wiring. 

 

Mr. Rodriguez responded they will go from the feeders, or main distribution panels, to the satellite panels.

 

Ms. Scully asked if subpanels and satellite panels are the same.

 

Mr. Rodriguez responded they are essentially the same. The main distribution panel center is where the power comes from the electric company, which feeds it to various panels throughout the store. They will not have aluminum wiring beyond those feeders. They will not have aluminum wires from the panel to a light to the receptacles.

 

Ms. Scully asked if the wiring would be connected to refrigeration units.

 

Mr. Rodriguez responded they would go to the large refrigeration racks on the roof, not to individual units in the store.

 

Mr. Christiansen asked if there were any other questions.

 

There were none.

 

Mr. Christiansen asked for a motion.

 

Mr. Hendershot made a motion to grant the variance.

 

Ms. Beniot seconded the motion.

 

Mr. Christiansen asked for a vote.

 

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

 

The city will provide them with the variance paperwork at a later date.

 

Mr. Christiansen stated will return to item two on the agenda, Approval of Minutes, which he skipped.

 

II.        Approval of Minutes

A.     May 1, 2014

 

Mr. Christiansen made a motion to approve the minutes of May 1, 2014.

 

Ms. Beasley seconded the motion.

 

Mr. Christiansen asked for a vote.

 

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

 

V.        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; FOURTH PUBLIC HEARING WAS CLOSED ON 5-1-2014)

 

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, provided for the commission an update from the property owner. The owners were ordered to provide a status report on the pending insurance settlement to bring to property into compliance, but they were unable to provide it to staff prior to the packets going out to the commission. The board was given a copy of the status report tonight for their review.

 

Ms. Beasley asked if there was anything more than the email dated Friday May 30th at 11:31 am.

 

Mr. Banks responded in the affirmative.

 

Ms. Beasley commented that the report was turned in on time, and staff should not distribute the packets prior to 3 business days.  

 

Mr. Banks recommends that the structure be repaired or demolished in order to protect the welfare, health, and safety of the community.

 

Ms. Beasley asked if staff had recently done an inspection at the location.

 

Mr. Banks responded that the property had been inspected and is being maintained.

 

Ms. Beasley asked if there were any permits issued to the property owner.

 

Mr. Banks responded there are no permits issued to the property as this moment.

 

Mr. Christiansen asked if there were any other questions.

 

There were none.

 

The board did not have any questions to the owner. They will continue with issuing the order.

 

Mark Robbins, 1018 Sunset Circle, addressed the board. He asked if all paperwork should be turned in 3 business days or 5 business days prior to the hearing.

 

Ms. Beasley responded that the order stated 3 business days.

 

Mr. Robbins stated that Mr. LeBlanc told them 5 business days prior, or they would be in violation of not following the order.

 

Ms. Beasley stated the order states 3 business days.

 

Mr. Christiansen read the order.

 

On page 2, Ms. Beasley added the appearances and scratched out Frank LeBlanc name.

 

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.

 

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 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. July 10, 2014 6pm.

 

Item 10

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

 

Ms. Beasley asked staff if they need to change that 3 business days to 5 business days.

 

Mr. Banks responded in the negative. 3 business days is fine.

 

Item 11

Item was marked N/A.

 

Ms. Beasley continued to section V and VI Compliance is N/A.

 

On to page 7 Compliance Order was checked. 

 

Ms. Beasley stated if the property owner received the proceeds.

 

Mr. Christiansen stated that if there is no further discussion, he would make a motion to accept the order the way it was read and would ask for a vote.

 

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

 

Mr. Christiansen stated the commission would sign the order and give the property owner a copy of it at a later time, unless he wanted to wait.

 

Mr. Robbins stated he would pick it up at a later date. 

 

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; SECOND PUBLIC HEARING WAS CONTINUED ON 05-01-2014)

 

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. Lonzell Banks, Code Compliance, gave the commission an update on the case. In the prior order, the property owner was asked to provide staff with a status report for adequate financing for the repairs, as well as timeline for the repairs.  The property owner has failed to provide staff with the reports. Staff recommends owner be given time to repair the structure.

 

Mr. Christiansen swore in the property owner because he walked in late.

 

Daniel Garcia, the property owner, addressed the board. The property owner is schedule to start repairs on house on Monday, June 9. The foundation repairs will take 2 days, and the electric repairs will take a week to complete.

 

Mr. Garcia asked if the contractor can pull the permit the same day of the beginning of the project.

 

Mr. Banks responded that they can issue permits on the same day, but the electrician does need to pull the permits prior to beginning the work.

 

Ms. Beasley asked if the item should be closed and handed over to Code Compliance.

 

Mr. Banks responded that they would like to recommend that the item be left open until the work is completed.

 

Ms. Beasley stated that the board can issue a compliance order that states the owner must appear before the board unless all repairs are completed.

 

Mr. Banks responded in the affirmative. If repair timeline takes longer than thirty days, it can be set for a later date.

 

Ms. Scully asked if the board can set the date for more than 30 days.

 

Mr. Banks responded in the affirmative.

 

Mr. Garcia stated that the cosmetic repair will take the longest. Some repairs will take more than 3 weeks to complete.

 

Mr. Banks recommended setting this item for 60 days from tonight.

 

Ms. Scully asked if that would be in the August hearing.

 

Ms. Beasley stated it would be the August 7th hearing.

 

Mr. Banks asked the property owner if the only permits he will apply for is for foundation repairs and electrical repairs.

 

Mr. Garcia responded that he may also require a plumbing permit for possible repairs.

 

Ms. Scully asked if a plumbing permit is required to repair water pipes in the kitchen.

 

Mr. Arevalo responded that a plumbing permit is required if they will be doing new work, not repairs to existing pipes unless they need to replace the pipes. If the property owner has questions, he can contact the building department with a description of the work, and they will inform him if a permit is required.

 

Mr. Christiansen asked if there were any other questions.

 

There were none.

 

Mr. Christiansen started to read the order.

 

Page 3 III number D.

 

First item was marked N/A.

 

Second item would be marked.

 

Third item was marked N/A.

 

Fourth item was marked N/A. 

 

Fifth item was marked.

 

The board moved on to page 4 section IV Orders.

 

Ms. Beasley asked the city lawyer, Ms. Greer, if they should mark item “see prior orders.”

 

Ms. Greer responded in the affirmative.  

 

Item 2, 3, and 4 were marked N/A.

 

It was discussed if on item 5 a date would be set.

 

Item 5 was marked TBD.

 

Item 6, 7, and 8 were marked N/A.

 

Item 9 was marked with August 7, 2014 6pm.

 

Item 10 was marked if all work is not completed by August 7, 2014; provide a detailed time and scope report to bring the home into compliance.

 

Item 11 was marked N/A.

 

Section V was all marked N/A.

 

Section VI item 1, 2, 3, 4, and 5 were all marked N/A.

 

On page 7 was marked as “Compliance Order.”

 

On page 2, Ms. Beasley added the appearances and scratched out Frank LeBlanc’s name, and Oscar Arevalo Building Official was added.

 

Mr. Christiansen asked if there were any questions regarding the order as it was discussed to have the property owner return to the August 7th meeting if repairs are not completed. If there were no, questions he would ask for a vote.

 

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

 

Mr. Christiansen stated that the board would take a brief recess to sign the order at 6:58 pm.

 

Mr. Christiansen called the hearing back in order at 7:06 pm.

 

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. (INITIAL PUBLIC HEARING WAS CLOSED ON 05-01-2014)

 

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

 

Mr. Lonzell Banks, Code Compliance Official, presented an update to the board. Mr. Banks stated that at the prior hearing Mr. Mark Molliner, a representative for property owner, did provide evidence that the bank had released the funds to make the necessary repairs. Mr. Molliner has been in contact with Mr. LeBlanc in regards to the progress of the repairs. All work has been completed other than the masonry work. Staff recommends allowing the property owner to complete the repairs to the structure. 

 

Mr. Christiansen asked if city staff was recommending closing the case and allowing the building inspectors to follow up with the property owner.

 

Mr. Banks responded that staff would prefer the case remain open until all repairs are completed and provide a report at the next hearing.

 

Ms. Scully asked if Mr. Molliner provided staff with a report of the repairs.

 

Mr. Banks responded that Mr. Molliner spoke with Mr. LeBlanc regarding the status of the repairs.

 

Ms. Scully asked, from the prior order, if all repairs from the May 5th hearing have been completed except for the tuck pointing and the masonry work.

 

Mr. Banks responded in the affirmative. All work has been completed except for the tuck pointing along the garage area on the front side of the house. There may need to have some tuck pointing on the side of the house too.  

 

Ms. Beasley stated that perhaps the board does need to hear from the property owner with the status of the repairs to the house.  She also asked if all work can be complete by next hearing date.

 

Mr. Christiansen asked for the property owner to step forward and address the board.

 

Hank Molliner, who resides at 619 South Shady Lane of La Porte, is a representative for Carrington Real-estate Services and Nation Star Bank.  All repairs have been completed with the exception of the brick fascia that was missing from between the garage door and front door. The contractor has assured all work will be completed by the end of the following week. The house should be sold by the end of the month.

 

Mr. Christiansen asked if an order set for 30 days will be sufficient time to complete everything.

 

Mr. Molliner responded in the affirmative.

 

Mr. Christiansen asked if the board had any additional questions.

 

There were none.

 

Mr. Christiansen stated that the recommendation is to continue the order for 30 days to the next hearing date.

 

Ms. Beasley began to read the order.

 

On page 2, Ms. Beasley added the appearances.

 

On page 3 section III Findings, item C will be marked with “most of the required work has been completed and remaining work should be complete prior to the end of the month.”

 

Section D all item was marked N/A.

 

Ms. Scully asked if the item that states “Owner has substantially complied” should be marked.

 

Ms. Greer, city lawyer, responded in the item below it applies better than the second item.

 

Section D first, second, and fourth items were marked N/A. The third item was marked and the fifth item was marked with “repair.”

 

On section IV Orders, the first item was marked. Item 1 was marked. Item 2, 3, and 4 were marked N/A.

 

Item 5 was marked with “July 10, 2014” and “repairs.”

 

Items 6, 7, and 8 were marked N/A.

 

Ms. Beasley asked the city lawyer how they can put in the order that if all work is completed, the applicant not have to come back. It is possible that they may not even be the property owners anymore.

 

Ms. Greer responded that if the property owner provides staff with completion of work, then staff can appear before the board as representatives for the owner.

 

Ms. Scully asked if the home is in full compliance, will the owner not be required to appear.

 

Ms. Greer responded in the affirmative, but her concern is that the property owner would need something from staff stating they are in full compliance.

 

Ms. Beasely asked staff if they could provide that to the property owners.

 

Mr. Banks responded in the negative. He also asked regarding the outstanding fees for appearing before the board.

 

Ms. Beasley asked if liens have been filed against the property.

 

Mr. Banks responded that the lien has not been filed against the property for these proceedings, but it will be filed by no later than Monday morning.

 

Ms. Scully asked about the order section VI item 5, should that item be marked on this order.

 

Mr. Banks responded in the affirmative.

 

Item 9 was marked with “July 10 2014 6pm.”

 

Mr. Banks asked, if on the order, it can require the owner to contact staff when all work is completed.

 

Item 10 was marked with “Owner to notify code compliance when work is complete to have the matter closed.”

 

Section V both items were marked N/A.

 

Section VI item 5 was marked.

 

On page 7 Compliance Order was marked.

 

Mr. Christiansen stated if there were no further discussion on the order, then he would ask for a vote.

 

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

 

Mr. Christiansen asked if the representative would like to wait for the order or pick it up at a later date.

 

Mr. Molliner responded that he would pick it up at a later date.

 

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). (INITIAL PUBLIC HEARING WAS CLOSED ON 05-01-2014)

 

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 an update to the board. Based on the last hearing, staff presented evidence to the board that both structures have some serious safety issues. Staff has identified electrical and structural hazards. They also had plumbing issues and egress concerns with all the material located in one of the structures. Staff recommends that both structures should be demolished or the trailer be removed from this property. The board gave the property owner 30 days to make the decision to either demolish or repair the structure. If the property owner decides to repairs to the structure, it will need to be brought up to code for structural, electrical, mechanical, and plumbing. Since there is no water or sewer connection to any of these structures, the property owner would be responsible to also pay those fees associated with city water and sewer. Staff recommends that the structure be demolished and the trailer be removed from this property or demolished.

 

Mr. Christiansen asked the property owner to step forward and address the board.

 

Mr. Antonio Delgado, 2100 Alaska League City, stepped forward to address the board. He has decided to demolish and remove the structure. He asked for the board to grant him time to do so.  

 

Ms. Beasley asked the city lawyer what time limit is given to a property owner for demolition.

 

Mr. Banks responded that the most allotted time is 90 days.

 

Mr. Christiansen asked if the property owner will be able to have it completed in 90 days.

 

Mr. Delgado responded in the affirmative. He would try to have to complete by then.

 

Ms. Beasley stated that a permit will be required to demolish the structure.

 

Mr. Delgado asked if he decided to demolish it himself, will he still be required to obtain a permit.

 

Mr. Banks responded in the affirmative.

 

Mr. Delgado asked if the unpaved road behind his property will be mowed by the city.

 

Mr. Banks responded that he is speaking about the undeveloped right-of-way and that last year the city obtained a grant to clear right-of-ways in his subdivision. He was not aware of any upcoming clearing of undeveloped roads or right-of-ways. He recommended the property owner to speak with the council person for his district regarding his concerns about clearing out those areas.

 

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

 

There were none.

 

Mr. Christiansen asked if the property owner would like to receive a copy of the order tonight or if he would he prefer to pick up a copy at a later date.

 

Mr. Delgado responded that he would pick up a copy of the order at a later date.

 

Mr. Christiansen began to read the order.

 

On page 2, Ms. Beasley added the appearance and marked “Frank LeBlanc” out.

 

Mr. Christiansen continued to Section III the Findings and item D. The first, second, third, and fourth item was marked N/A.

 

Fifth item was marked with “demolition.”

 

On page four section IV Order first item was marked.

 

Item 1 was marked.

 

Item 2 and 3 were marked N/A.

 

Item 4 was marked.

 

Ms. Greer, city lawyer, asked item 4 was being marked N/A.

 

Ms. Beasley stated the item was being marked but not with N/A.

 

Ms. Scully asked staff if the property was posted with a “DO NOT ENTER” sign.

 

Mr. Banks responded that the property was not posted. The property has a sign posted on the property that states the property is a dangerous building.

 

Ms. Beasley stated posting the property “DO NOT ENTER” would deter contractors from coming onto the property to do the demolition.

 

Mr. Banks responded that the sign is to deter unauthorized entry to these structures.

 

Ms. Beasley asked the city lawyer if she agreed with marking item 4 to have the city to post the property.

 

Ms. Greer responded to mark item 4 so the property to be posted with a “DO NOT ENTER” sign.

 

Item 5 was marked “September 4, 2014” and marked “demolition” and marked “demolition requirements contained in 22-344.”

 

Item 6, 7, and 8 was marked N/A.

 

Item 9 was marked “September 4, 2014.”

 

The board moved on to item 10.

 

Ms. Scully asked if the board should state on item 10 to include an explanation for the “DO NOT ENTER” sign being posted

 

Ms. Beasley responded in the negative. Staff will talk to the property owner, and it is not necessary to put it on the order.

 

Ms. Benoit asked if the board should write on item 10 in regards to permits.

 

Ms. Beasley responded that the order already states that a permit is required.

 

Ms. Benoit asked if the permit specified the removal of all debris and grading requirements. .

 

Ms. Banks responded in the affirmative. The permit includes removal of debris and grading requirements.

 

Ms. Benoit asked if on item 10 the order should state that the property owner decided to demolish both structures.

 

Ms. Beasley responded that on page 3 III Findings on section D the Sixth item is where it should be stated “the Owner appeared and indicated that he wanted to demolish both building rather than repair the buildings.”

 

The board moved on to page 5 section V and both items were marked N/A.

 

The board moved on to page 6 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. Beasley asked if this is still considered a compliance order.

 

Ms. Greer responded in the affirmative.

 

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

 

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

 

Mr. Christiansen stated that the board would sign the order and give a copy to the property owner at a later date.

 

VI.       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 5-0-0.

 

Mr. Christiansen adjourned the meeting at 7:40 p.m.

 

 

 

 ___________________________________             ______________________________

Lonzell Banks                                                             James R. Christiansen,

Code Compliance Official                                         Chairperson, Zoning Board of Adjustment/ 

                                                                                    Building and Standards Commission