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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

November 6, 2014

6:00 PM

City Council Chambers

200st Walker Street

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

 

II.        Approval of Minutes

A.  September 4, 2014

 

III.       Other Business

A.  Consider and take action on the Zoning Board of Adjustments / Building and Standards Commission meeting dates for 2015.

 

IV.       The Swearing in of Speakers and Witnesses

 

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

A.  Hold a ninth 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; SEVENTH PUBLIC HEARING WAS CLOSED 08-07-2014 ; EIGHTH PUBLIC HEARING WAS CLOSED 09-04-2014)

 

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 sixth public compliance hearing to show cause why civil penalties should not be assessed, and 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; FOURTH PUBLIC HEARING WAS CLOSED ON 8-7-2014; FIFTH PUBLIC HEARING WAS CLOSED 09-04-2014)

 

OWNERS/LIENHOLDERS

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

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

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

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

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

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

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

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

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

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

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

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

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

 

C.  Hold a fourth 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; SECOND PUBLIC HEARING WAS CLOSED ON 06-05-2014; THIRD PUBLIC HEARING WAS CLOSED ON 09-04-2014)


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 31ST DAY OF OCTOBER, 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.

 

 

__________________________________________                        ______________________________________

OSCAR AREVALO                                                                        RICHARD WERBISKIS

BUILDING OFFICIAL                                                                   CITY PLANNER

 

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY, NOVEMBER 6, 2014 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER STREET

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

 

I.          Call to order and Roll call of members

A.  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:

Mark Linenschmidt, Senior Planner

Frank LeBlanc, Code Compliance

 

II.        Approval of Minutes

A.  September 4, 2014

 

Mr. Christiansen asked if there were any changes to the minutes.

 

There were none.

 

Ms. Beasley made a motion to approve the minutes as presented.

 

Ms. Benoit seconded the motion.

 

Mr. Christiansen asked for a vote.

 

The minutes were approved unanimously, as written, with a vote of 3-0-0.

 

III.       Other Business

A.  Consider and take actions on the Zoning Board of Adjustments / Building Standards Commission meeting dates for 2015.

 

Mr. Linenschmidt, Senior Planner, provided the commission with a draft calendar. The dates and times will stay the same as before, with a change in dates for the January and July meeting due to the holidays.

 

Mr. Christiansen asked if there were any questions.

 

There were none.

 

Mr. Christiansen asked for a vote.

 

The draft calendar was approved unanimously, as presented, with a vote of 3-0-0.

 

IV.       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.

 

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

A.  Hold a ninth public compliance hearing to show cause why civil penalties should not be assessed, and 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; SEVENTH PUBLIC HEARING WAS CLOSED 08-07-2014; EIGHTH PUBLIC HEARING WAS CLOSED ON 09-04-2014)

 

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 owner has sent a timeline for the repairs. Staff is recommending that the structure be removed from further consideration by the commission and the matter be closed without prejudice for Code Enforcement. The commission was also provided with an itemized list of administrative fees and all associated expenses incurred in this matter.

 

There was a discussion regarding what will be done on the order.

 

Ms. Beasley asked staff if the owner has substantially complied.

 

Mr. LeBlanc replied in the affirmative.

 

Then, Mr. Weathered went over the proposed final order with the commission.

 

Mr. Christiansen asked if there were any other questions.

 

There were none.

 

Ms. Beasley made a motion to complete the order as it was discussed and marking it “matter to be closed without prejudice for Code Enforcement.” She also stated for the record that the itemized list of administrative costs and civil penalty incurred totaled $1061.67, and that form will be attached to the order.  

Ms. Benoit seconded the motion.

Mr. Christiansen asked 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 stated that the board would take a brief recess at 6:16 pm to sign the order and make copies for the owner.

Mr. Christiansen called the meeting back into order at 6:26 pm.

 

B.   Hold a sixth public compliance hearing to show cause why civil penalties should not be assessed, and 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; FOURTH PUBLIC HEARING WAS CLOSED ON 8-7-2014; FIFTH PUBLIC HEARING WAS CLOSED ON 09-04-2014)

 

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, provided the commission with an update for 219 West Saunders. The property owner has obtained a re-roofing permit and has continued to work on the repairs to the structure. Staff is recommending that the structure be removed from further consideration by the commission and the matter be closed without prejudice for Code Enforcement.

 

Mr. Christiansen stated that, with the assistance of Mr. Weathered, the board should proceed with the proposed final order.

 

Ms. Beasley made a motion to fill out the order as follows; on page 4 the board will mark “See prior orders,” which are incorporated by reference. Mr. LeBlanc stated that the owner has substantially complied, and item D on page 4 will be marked. On page 7, item 5 will be marked “An itemized list of the administrative costs and civil penalties incurred is attached hereto for perfecting and securing a lien on the subject property in behalf of the City.” The list indicates the total expense and civil penalties incurred are $1,775.48. Also on page 7, the order will be marked “Matter to be closed without prejudice for Code Enforcement.”   

 

Ms. Benoit seconded the motion.

 

Mr. Weathered stated that the commission previously assessed civil penalties from September 22nd until the compliance date. Since the October hearing has passed the commission could mark item 4 on page 7 with “$100 per day from September 22, 2014, in an amount totaling $1000.” The hearing was to be held on October 2nd, which would have been 10 days. The sum would equal $1,000 for the commission’s consideration, but because the commission was unable to hear this in October, the commission would need to make that decision. Also a correction would need to be made on the itemization to show September 22nd not October 22nd.

 

Ms. Beasley answered that the document had been corrected.

 

Mr. Christiansen stated that if there was 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 applicant is not in attendance, so the commission will move on to the next item.

 

C.  Hold a fourth 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; SECOND PUBLIC HEARING WAS CLOSED ON 06-05-2014; THIRD PUBLIC HEARING ON 09-04-2014)

 

OWNERS/LIENHOLDERS

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

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

 

Mr. Frank LeBlanc, Code Compliance Officer, provided the commission with an update for 406 East Hawthorne. The property owner has obtained a demolition permit and has demolished the structure. The city has started a project in the Shellside subdivision, which placed dumpsters for residents who live in that area to use; Mr. Delgado has been utilizing those dumpsters to remove the debris from the demolition. Staff is recommending that the structure be removed from further consideration by the commission and the matter be closed without prejudice for Code Enforcement.

 

Ms. Beasley asked if the owner has substantially complied.

 

Mr. LeBlanc replied in the affirmative.

 

Mr. Christiansen stated that this property does not have any civil penalties.

 

Ms. Beasley replied in the affirmative.

 

Ms. Beasley made a motion to fill out the order as follows; on page 3, item D will be marked with “Owners have substantially complied,” on page 4, the board will mark “See prior orders” which are incorporated by reference. On page 6, item 5 will be marked “An itemized list of the administrative costs and civil penalties incurred is attached hereto for perfecting and securing a lien on the subject property in behalf of the City.” The list indicates that the total expenses and civil penalties incurred are $821.03. Also on page 7, the order will be marked “Matter to be closed without prejudice for Code Enforcement.”

 

Ms. Benoit 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 3-0-0.

 

Mr. Christiansen stated that the board would sign the order this evening so  staff can provide the property owners with a copy of the order at a later date.

 

VI.       Adjournment

 

Ms. Benoit made a motion to adjourn the meeting.

 

Ms. Beasley 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 6:40 p.m.

 

 

 

 _________________________                     _________________________

 Frank LeBlanc                                               James R. Christiansen,

 Code Compliance Official                             Chairperson, Zoning Board of Adjustment/         

                                                                        Building and Standards Commission         

 

Date minutes approved: ___________________