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Zoning
Board of Adjustments /
building and standards
commission
Regular Session Agenda
August 1,
2013
6:00 PM
JOHNNIE
AROLFO CIVIL CENTER
400 West
Walker Street
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I.
Call to order and Roll call of
members
II.
Approval of Minutes
A.
June 6, 2013
III.
Other Business
A. Consider and take action on amending the Policies and
Procedures for the Zoning Board of Adjustments (ZBA) to limit the number of
public hearings per meeting and revise the time limit for appeal.
B. Consider and take action on amending the Policies and
Procedures for the Building and Standards Commission (BASC) to limit the number
of public hearings per meeting and include a format for public hearings.
IV.
The Swearing in of Speakers and
Witnesses
V.
Public Hearings and Action
Items from Public Hearings (BASC)
A. Hold a fifth public compliance hearing with possible
action on BASC13-02 (1018 Sunset), to determine whether a building or
structure is a dangerous building, and issue any order(s) determined necessary,
including imposition of civil penalties, to address such conditions per 22-331
et. seq. of the League City Code of Ordinances on property located at 1018
Sunset Circle, League City, Texas 77573, legally described as Lot 17, Block 1
of the Pecan Forest Subdivision, in League City, Galveston County, Texas,
according to the map thereof recorded in Volume 1616, Page 162 of the Map
Records in the Office of the County Clerk of Galveston County, Texas.(INITIAL
PUBLIC HEARING WAS CONTINUED FROM 02-07-2013; INITIAL PUBLIC HEARING WAS CLOSED
ON 03-07-2013; SECOND HEARING WAS CLOSED ON 04-04-2013; THIRD HEARING WAS
CLOSED ON 05-02-2013; FOURTH HEARING WAS CLOSED ON 06-06-2013)
OWNERS/LIENHOLDERS
Mark
S. Robbins, 1018 Sunset Circle, League City, Texas 77573
And P.O. Box 58385, Houston, Texas 77258
And P.O. Box 1765, League City, Texas 77574-1765
Douglas
A. Keith, 1018 Sunset Circle, League City, Texas 77573
And 220 Englewood Drive, League City, Texas 77573
And P.O. Box 58385, Houston, Texas 77258
Mark
E. Ciavaglia, Linebarger, Goggan, Blair, & Sampson, LLP, 518 9th
Avenue North, P.O. Drawer 2789, Texas City, Texas 77592-2789
Brent
J. Richbook, Linebarger, Goggan, Blair, & Sampson, LLP, 518 9th
Avenue North, P.O. Drawer 2789, Texas City, Texas 77592-2789
Clear
Creek Independent School District, c/o Jason L. Bailey, Perdue, Brandon,
Fielder, Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston,
Texas 77008
Clear
Creek Independent School District, c/o R. Gregory East, Perdue, Brandon,
Fielder, Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston,
Texas 77008
Clear
Creek Independent School District, c/o Yolanda Humphrey, Perdue, Brandon,
Fielder, Collins & Mott, LLP, 1235 North Loop West, Suite 600, Houston,
Texas 77008
Herbert
H. Medsger, Attorney at Law, 1834 West Main Street,
League City, Texas 77573-3540
Page
2 of 4
City of League City
Zoning Board of
Adjustments / Building Standards Commission
Regular Session
Agenda
August 1, 2013
6:00 PM
Johnnie Arolfo Civic Center, 400 West Walker Street
B. Hold a public hearing and take action on BASC13-04
(2925 Forest Hills), 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 2925 Forest Hill, League City, Texas
77573, legally described as Lot 13, Block 5 of the Meadow Bend Subdivision, in
League City, Galveston County, Texas, according to the replat
thereof recorded in Volume 17, Pages 147 and 148 of the Map Records of
Galveston County, Texas. (PUBLIC HEARING WAS CONTINUED FROM 03-07-2013
MEETING; PUBLIC HEARING WAS CONTINUED FROM 04-04-2013 MEETING; PUBLIC HEARING
WAS CONTINUTED FROM 05-02-2013 MEETING; PUBLIC HEARING WAS CONTINUED FROM
06-06-2013 MEETING)
OWNERS/LIENHOLDERS
Charles D. and Patricia Mendel, 2925 Forest Hills
Drive, League City, Texas 77573
Carey Frances Mendel, 105 Grand Maison
Blvd., Mandeville, LA 70471
Heirs of the Estate of Charles Mendel, Deceased, 2925
Forest Hills Drive, League City, Texas 77573
And 104 Grand Maison Blvd., Mandeville, LA 70471
David Mendel, 619 Oak Glen Drive, Kemah, Texas 77565
Kristen Marie Mendel, 13031 Park Crossing, #1104, San
Antonio, Texas 78217
Pamela Ann Mendel, 13031 Park Crossing, #1104, San
Antonio, Texas 78217
Citizens
National Mortgage Corporation, 8787 Complex Drive, San Diego, CA 92123-1495
Norwest
Mortgage, Inc., Norwest Loan No. 1810855, 405 SW 5th Street, Des
Moines, IA 50309
Bank
of America, N.A., Successor by merger to LaSalle Bank, N.A., Trustee for
Certificate Holders of Bear Stearns Asset Backed Securities I, LLC., Asset Backed Certificates, Series 2004-
HE11by EMC Mortgage Corporation, Attn: Greg Allen, Vice President, 2780 Lake
Vista Drive, Lewisville, Texas 75067
EMC
Mortgage Corporation, % Brice Vander Linden & Wernick,
PC, Attn: J. Daneice Villarreal, 9441 LBJ Freeway,
Suite 250, Dallas, Texas 75243
Meadow
Bend Homeowners Association/Houston Community Management, % Daughtry
& Jordan, P.C., 17049 El Camino Real, Houston, Texas 77058-2630
Selim Taherzadeh ? Substitute Trustee, Bruce, Vander Linden &
Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas,
Texas 75243
Steve
Leva ? Substitute Trustee, Bruce, Vander Linden &
Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas,
Texas 75243
David
Moon ? Substitute Trustee, Bruce, Vander Linden & Wernick,
P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243
Suzy
Chaney ? Substitute Trustee, Bruce, Vander Linden & Wernick,
P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243
Cara
Featherstone ? Substitute Trustee, Bruce, Vander Linden & Wernick, P.C., 9441 LBJ Freeway, Suite 250, Dallas, Texas
75243
And Howard M. Reiner & Associates, Substitute Trustee, 3410 Mercer Street,
Houston, Texas 77027
Howard
M. Reiner & Associates, Attn: Howard M. Reiner, Administrator In the Estate of Charles
Dudley
Mendel, 3410 Mercer Street, Houston, Texas 77027
And 5430 LBJ Freeway, Suite 1200, Dallas, Texas 75240
Page 3 of 4
City of League City
Zoning Board of
Adjustments / Building Standards Commission
Regular Session
Agenda
August 1, 2013
6:00 PM
Johnnie Arolfo Civic Center, 400 West Walker Street
C. Hold a public compliance hearing with possible action
on BASC13-05 (211 Perkins Street), to determine whether a building or
structure is a dangerous building, and issue any order(s) determined necessary,
including imposition of civil penalties, to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property
located at 211 Perkins Street, League City, Texas 77573, legally described as a
portion of Lots 8 and 9, Block 5 of the Galveston County Farms Subdivision, in
League City, Galveston County, Texas, according to the map or plat thereof,
recorded in Volume 192, Page 274 of the Map Records of Galveston County, Texas.
(INITIAL PUBLIC HEARING WAS CLOSED ON 06-06-2013)
OWNERS/LIENHOLDERS
Mary Jennette Jackson Hunnicutt, 807 South Post Oak Lane, Houston, Texas 77056
And 211 Perkins Avenue, League City, Texas
77573
Lester Housh Jackson, 807
South Post Oak Lane, Suite 214, Houston, Texas 77056
And 211 Perkins Avenue, League City, Texas
77573
And 217 Perkins Avenue, League City, Texas
77573
And 3820 Danbury Drive #1906, Arlington,
Texas 76016
Clifford A. Jackson, 3817 Richmond, Suite 100,
Houston, Texas 77056
And 211 Perkins Avenue, League City, Texas
7757
And 15721 Serendipity Trail,
Plantersville, Texas 77363
Estate of Mable P. Jackson, c/o Mary J. Jackson Hunnicutt, 807 South Post Oak Lane, Houston, Texas 77056
D.
Hold a public hearing and take action
on BASC13-06 (114 Houston Avenue), 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 114 Houston Avenue,
League City, Texas 77573, legally described as a portion of Lots 8 and 9, Block
2 of the Galveston County Farms Subdivision, in League City, Galveston County,
Texas, according to the map as recorded in Volume 192, Page 275 of the
Galveston County Clerk?s Records being located in and being out of the Stephen
F. Austin Survey, Abstract No. 3, Galveston County, Texas. (PUBLIC HEARING
WAS CONTINUED FROM 06-06-2013 MEETING)
OWNERS/LIENHOLDERS
Ronney M. and Charlotte A. Henson, P.O. Box 657, League
City, Texas 77573
And 808 Moody Avenue, League City, Texas
77573
And 114 Houston Avenue, League City, Texas
77573
Mary Emma Swinney, P.O. Box
813, League City, Texas 77573
Gary B. Kivell, Trustee, The Fuhr Law Firm, 107 Landing
Boulevard, Suite F, League City, Texas 77573
Mark E. Ciavaglia, P.O.
Drawer 2789, Texas City, TX 77592
Jason
L. Bailey, 1235 North Loop West, #600, Houston TX 77008
Page 4 of 4
City
of League City
Zoning
Board of Adjustments / Building Standards Commission
Regular
Session Agenda
August
1, 2013
6:00
PM
Johnnie Arolfo
Civic Center, 400 West Walker Street
E.
Hold a public compliance hearing with
possible action on BASC13-07 (404 West FM 646), to determine whether a
building or structure is a dangerous building, and issue any order(s) determined
necessary, including imposition of civil penalties, to address such conditions
per 22-331 et. seq. of the League City Code of Ordinances on property located
at 404 West FM 646, League City, Texas 77573, legally described as a portion of
the western half of Lot 32, of Addition ?D? to the Town of Dickinson, in League
City, Galveston County, Texas, according to the map thereof recorded in Volume
155, Page 10 in the Office of the County Clerk of Galveston County, Texas.
(INITIAL PUBLIC HEARING WAS CLOSED ON 06-06-2013)
OWNERS/LIENHOLDERS
The Crown Enterprises, Inc., a Tennessee corporation,
c/o P.O. Box 969, Kingsport, Tennessee 37662
And c/o Real Estate Department, P.O. Box 869, Warren,
Michigan 48090-0869
The Crown Enterprises, Inc., Assignor, Attn: E.
William King, VP and Treasurer, c/o P.O. Box 969, Kingsport, Tennessee 37662
Crown Enterprises, Inc., Attn: Barry Evans, Attorney
at Law, 550 North Egret Bay Boulevard, Suite 100, League City, Texas 77573-2947
Crown Enterprises, Inc., Attn: Larry Jacobs, Portfolio
Manager, 12225 Stephens Road, Warren, Michigan 48089
Comptroller of Public Accounts, Capital Station,
Austin, Texas 78774
JP Morgan Interfunding
Corporation, Beneficiary, Attn: Philip D. Weller, Trustee, 522 Fifth Avenue,
New York, New York 10036
JP Morgan Interfunding Corporation, Assignee, Attn: B. Roland Palm,
Manager, 522 Fifth Avenue, New York, New York 10036
And 237 Jefferson, Street, Centerport, New York 11721
The Mason and Dixon Tank Lines, Inc., Lessee, c/o P.O.
Box 969, Kingsport, Tennessee 37662
Marshall, Bratter, Greene,
Allison & Tucker, Attn: Benet Polikoff, Jr.,
Esquire, 430 Park Avenue, New York, New York 10022
Marshall, Bratter, Greene,
Allison & Tucker, Attn: Carol Johnson, 430 Park Avenue, New York, New York
10022
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 26TH DAY OF JULY, 2013 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,
CBO
MARK LINENSCHMIDT
BUILDING OFFICIAL
SENIOR PLANNER
MINUTES
CITY OF LEAGUE CITY
ZONING BOARD OF
ADJUSTMENTS/
BUILDING AND STANDARDS
COMMISSION
REGULAR MEETING
THURSDAY,
AUGUST 1, 2013 at 6:00 P.M.
JOHNNIE AROLFO CIVIC
CENTER
400 WEST WALKER STREET
*************************************************************
I.
Call to order and Roll call of
members
Mr. Christiansen called the meeting to
order at 6:07 p.m.
Members present:
Members absent:
James R. Christiansen, Chair
Janet Alleman
Amy Beasley, Vice
Chair
Katie
Benoit
Elizabeth Scully
Michael Hendershot*
Charles Rosen**
City Representatives:
Lonzell Banks, Code Compliance Official
Frank LeBlanc, Code Compliance
Mark Linenschmidt, ZBA Liaison
Steve Weathered, City Attorney
*Mr. Christiansen activated Mr.
Hendershot as a voting member of the Commission at the beginning of the
meeting.
** Mr. Christiansen activated Mr. Rosen
upon Ms. Beasley?s departure at 7:10 p.m.
II.
Approval of Minutes
A. June 6, 2013
Mr. Christiansen made a motion to approve the minutes
of June 6, 2013.
Ms. Beasley seconded the motion.
The motion passed unanimously with a vote of 5-0-0.
III.
Other Business
A. Consider and take action on amending the Policies and
Procedures for the Zoning Board of Adjustments (ZBA) to limit the number of
public hearings per meeting and revise the time limit for appeal.
Mr. Christiansen stated that the revisions were to
limit the number of public hearings to four (4), and the Chairperson would need
to approve to have more than four public hearings on one agenda.
Mr. Mark Linenschmidt, Senior Planner,
added that the four (4) public hearing limit would be subject to one agenda and
reminded the Board that many meetings were held jointly between the ZBA and
BASC, which would limit the number of hearings for the one meeting. In
addition, he referenced the BASC policies and procedures with respect to
formats of the public hearings while indicating that the city attorney, Mr.
Weathered, suggested a minor revision to both policies and procedures. Mr.
Linenschmidt then asked Mr. Weathered to speak on that subject.
Mr. Weathered referred to Page 2, under III. in the format for public hearings, and suggested adding,
?applicant may request additional time from the chairmen on a showing of good
cause.?
Mr. Christiansen asked Mr. Weathered if the applicant
would then have to show the specifics to continue to speak.
Mr. Weathered responded in the affirmative.
Mr. Christiansen asked for any questions from the
Board.
Ms. Scully asked if the change would affect both
policies and procedures.
Mr. Linenschmidt indicated that the format was already
in the ZBA, policies in which staff was treating each board/commission
separately, but with similar policies.
Ms. Scully asked if they could approve the change on
the ZBA policies as well.
Mr. Linenschmidt responded that the Board could
approve the changes subject to the city attorney?s request.
Mr. Christiansen asked for a vote in favor of the
changes subject to the city attorney?s request.
The motion passed unanimously with a vote of 5-0-0
with the changes requested by the city attorney.
B. Consider and take action on amending the Policies and
Procedures for the Building and Standards Commission (BASC) to limit the number
of public hearings per meeting and include a format for public hearings.
Mr. Christiansen asked for a vote in favor of the
changes subject to the city attorney?s request.
The motion passed unanimously with a vote of 5-0-0
with the changes requested by the city attorney.
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 fifth public compliance hearing with possible
action on BASC13-02 (1018 Sunset), to determine whether a building or
structure is a dangerous building, and issue any order(s) determined necessary,
including imposition of civil penalties, to address such conditions per 22-331
et. seq. of the League City Code of Ordinances on property located at 1018
Sunset Circle, League City, Texas 77573, legally described as Lot 17, Block 1
of the Pecan Forest Subdivision, in League City, Galveston County, Texas,
according to the map thereof recorded in Volume 1616, Page 162 of the Map
Records in the Office of the County Clerk of Galveston County, Texas.(INITIAL
PUBLIC HEARING WAS CONTINUED FROM 02-07-2013; INITIAL PUBLIC HEARING WAS CLOSED
ON 03-07-2013; SECOND HEARING WAS CLOSED ON 04-04-2013; THIRD HEARING WAS
CLOSED ON 05-02-2013; FOURTH HEARING WAS CLOSED ON 06-06-2013)
OWNERS/LIENHOLDERS
Mark S. Robbins, 1018 Sunset Circle, League City,
Texas 77573
And P.O. Box 58385, Houston, Texas 77258
And P.O. Box 1765, League City, Texas 77574-1765
Douglas A. Keith, 1018 Sunset Circle, League City,
Texas 77573
And 220 Englewood Drive, League City, Texas 77573
And P.O. Box 58385, Houston, Texas 77258
Mark E. Ciavaglia, Linebarger, Goggan, Blair, &
Sampson, LLP, 518 9th Avenue North, P.O. Drawer 2789, Texas City,
Texas 77592-2789
Brent J. Richbook, Linebarger, Goggan, Blair, &
Sampson, LLP, 518 9th Avenue North, P.O. Drawer 2789, Texas City,
Texas 77592-2789
Clear Creek Independent School District, c/o Jason L.
Bailey, Perdue, Brandon, Fielder, Collins & Mott, LLP, 1235 North Loop
West, Suite 600, Houston, Texas 77008
Clear Creek Independent School District, c/o R.
Gregory East, Perdue, Brandon, Fielder, Collins & Mott, LLP, 1235 North
Loop West, Suite 600, Houston, Texas 77008
Clear Creek Independent School District, c/o Yolanda
Humphrey, Perdue, Brandon, Fielder, Collins & Mott, LLP, 1235 North Loop
West, Suite 600, Houston, Texas 77008
Herbert H. Medsger, Attorney
at Law, 1834 West Main Street, League City, Texas 77573-3540
Mr. Christiansen gave a brief history of the order
made from the last meeting.
Mr. LeBlanc, Code Compliance Officer, updated the
Commission on the case. He indicated that staff inspected the property that day
and the Owner, Mr. Robbins, had complied with all of the outstanding issues.
Mr. LeBlanc referenced the issuance of permits with their corresponding
inspections by the Building Department, as well as the walk through by the
Owner of the premises with the Fire Marshal?s Office. He presented images to
the Commission showing the compliance. Mr. LeBlanc noted that staff
tested the water and flushed the toilets in the house. He concluded by
recommending that the case be closed at this time.
Mr. Weathered asked if an order had been filed in the
real property records.
Mr. Lonzell Banks, Code Compliance Official, responded
in the affirmative.
Mr. Weathered recommended that an order be made to
show the case was closed.
Mr. Weathered asked the Commission if they wanted him to go through the order.
Mr. Christiansen responded in the affirmative.
Mr. Weathered summarized the order for the Commission.
Mr. Christiansen asked the Commission if there were
any questions.
Ms. Scully asked if any administrative expenses
incurred by the City would be dismissed.
There was a discussion regarding the administrative
expenses and what fees the Owner would be required to pay. It was indicated
that the Owner would be required to pay administrative costs plus costs
identified by Code Compliance which would be attached with the order in the amount
of $1,296.46.
Mr. Christiansen asked if the Commission was
comfortable with the discussion on the order.
Mr. Christiansen called for a vote.
The motion passed unanimously with a vote of 5-0-0.
B. Hold a public hearing and take action on BASC13-04
(2925 Forest Hills), 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 2925 Forest Hill, League City, Texas
77573, legally described as Lot 13, Block 5 of the Meadow Bend Subdivision, in
League City, Galveston County, Texas, according to the replat
thereof recorded in Volume 17, Pages 147 and 148 of the Map Records of
Galveston County, Texas. (PUBLIC HEARING WAS CONTINUED FROM 03-07-2013
MEETING; PUBLIC HEARING WAS CONTINUED FROM 04-04-2013 MEETING; PUBLIC HEARING
WAS CONTINUTED FROM 05-02-2013 MEETING; PUBLIC HEARING WAS CONTINUED FROM
06-06-2013 MEETING)
OWNERS/LIENHOLDERS
Charles D. and Patricia Mendel, 2925 Forest Hills
Drive, League City, Texas 77573
Carey Frances Mendel, 105 Grand Maison
Blvd., Mandeville, LA 70471
Heirs of the Estate of Charles Mendel, Deceased, 2925
Forest Hills Drive, League City, Texas 77573
And 104 Grand Maison Blvd., Mandeville, LA 70471
David Mendel, 619 Oak Glen Drive, Kemah, Texas 77565
Kristen Marie Mendel, 13031 Park Crossing, #1104, San
Antonio, Texas 78217
Pamela Ann Mendel, 13031 Park Crossing, #1104, San
Antonio, Texas 78217
Citizens National Mortgage Corporation, 8787 Complex
Drive, San Diego, CA 92123-1495
Norwest Mortgage, Inc., Norwest Loan No. 1810855, 405
SW 5th Street, Des Moines, IA 50309
Bank of America, N.A., Successor by merger to LaSalle
Bank, N.A., Trustee for Certificate Holders of Bear Stearns Asset Backed
Securities I, LLC., Asset Backed Certificates, Series 2004-HE11by EMC Mortgage
Corporation, Attn: Greg Allen, Vice President, 2780 Lake Vista Drive,
Lewisville, Texas 75067
EMC Mortgage Corporation, % Brice Vander Linden & Wernick, PC, Attn: J. Daneice
Villarreal, 9441 LBJ Freeway, Suite 250, Dallas, Texas 75243
Meadow Bend Homeowners Association/Houston Community
Management, % Daughtry & Jordan, P.C., 17049 El
Camino Real, Houston, Texas 77058-2630
Selim Taherzadeh ? Substitute
Trustee, Bruce, Vander Linden & Wernick, P.C.,
9441 LBJ Freeway, Suite 250, Dallas, Texas 75243
Steve Leva ? Substitute
Trustee, Bruce, Vander Linden & Wernick, P.C.,
9441 LBJ Freeway, Suite 250, Dallas, Texas 75243
David Moon ? Substitute Trustee, Bruce, Vander Linden
& Wernick, P.C., 9441 LBJ Freeway, Suite 250,
Dallas, Texas 75243
Suzy Chaney ? Substitute Trustee, Bruce, Vander Linden
& Wernick, P.C., 9441 LBJ Freeway, Suite 250,
Dallas, Texas 75243
Cara Featherstone ? Substitute Trustee, Bruce, Vander
Linden & Wernick, P.C., 9441 LBJ Freeway, Suite
250, Dallas, Texas 75243
And
Howard M. Reiner & Associates, Substitute Trustee, 3410 Mercer Street,
Houston, Texas 77027
Howard M. Reiner & Associates, Attn: Howard M.
Reiner, Administrator In the Estate of Charles Dudley
Mendel, 3410 Mercer Street, Houston, Texas 77027
And 5430 LBJ Freeway, Suite 1200, Dallas, Texas 75240
Mr. LeBlanc, Code Compliance Officer, stated that
staff had not heard from the new mortgage service company. He indicated that
their counsel had a conversation with Mr. Weathered but was not aware of what
transpired.
Mr. Weathered indicated that he had not received
anything written for a request of continuance. He added that he had a
conversation with their counsel several weeks ago and forwarded copies of the
agenda when the meeting location was moved, as well as copies from the file.
Mr. Christiansen asked if there was a representative
from the mortgage company. There was none.
Mr. LeBlanc presented a brief summary of the case. He
noted that the property has been secured in which conditions number 7 and 8
could be stricken from previous findings.
Ms. Benoit asked if utilities were still servicing the
property.
Mr. LeBlanc responded that electrical and gas had been
turned off, and there was no running water.
Ms. Scully asked what the value of the home was
according to the Galveston County Appraisal District and the cost estimate
previously provided.
Mr. LeBlanc confirmed that the previous mortgage
company did provide a cost estimate. He noted that the Galveston County
Appraisal District valued the house at $102,110.00 for the structure.
Ms. Beasley asked what the rule was regarding the
value vs. cost in the consideration for a demolition.
Mr. Weathered responded that the 50% rule has been
utilized in this area, particularly because the rule is used by FEMA (the
Federal Emergency Management Agency); whereas, it was not necessarily a ?rule,?
and that it is Commission?s duty to decide if the cost of repair exceeds the
value of the structure.
There was a discussion regarding the conversation with
the new mortgage company.
Mr. Hendershot asked staff if they had considered
Finding #10.
Mr. Banks indicated that there were no indications of
any foundation damage. He added there were no cracks from the mortar joints and
the exterior was in good condition; the interior damage was a result of the
roof leaking.
Ms. Benoit asked if the roof was in danger of
collapse.
Mr. Banks responded in the negative and added that
there was most likely some deterioration or rotting in the roof area.
Ms. Scully asked if city staff had a repair estimate
performed for the structure.
Mr. LeBlanc responded in the negative.
Ms. Scully asked what staff?s recommendation for the
property was.
Mr. Banks responded that staff would like to have the
property either demolished or repaired but were awaiting a response from the
representative on a decision regarding their repair analysis and appraisal. He
added that staff has made the new owners aware of the meeting, and the owners
are not in attendance at the meeting.
Ms. Beasley asked Mr. Weathered if the Commission
could revisit the order based on the Owner?s response, if the Commission
decided to order a demolition of the building.
Mr. Weathered indicated that the Owner?s next course
of action could be to the courts.
There was a discussion regarding the Owner?s options
under the ordinance and possibilities for the Commission to require the
representative to repair the structure, as well as any actions should the order
not be complied.
Mr. Christiansen stated that if there were no other
questions by the Commission, he would move forward with the orders.
Item IV: Orders
Ms. Beasley indicated that the Commission would use
the finding from a previous order whereby under findings, numbers 1, 3, 5, and
6 were marked, and numbers 2, 4, 7, thru 13 were non-applicable.
Item #1
Item was marked.
Item #2
Item was marked not applicable.
Item #3
Item was marked not applicable.
Item #4
Item was marked.
Item #5
Item was marked with ?September 10, 2013? filled in
the bank and ?repair or demolition? marked in the blanks below.
Item #6
Item was marked not applicable.
Item #7
Item was marked not applicable.
Item #8
Item was marked not applicable.
Item #9
Item was marked with the date ?September 5, 2013?
filled in the blank.
Item #10
Item was marked not applicable.
Item #11
Item was marked with the amount of $8,000 filled in
the blank.
Item VI: Compliance
The item was marked as a compliance order.
Mr. Christiansen asked for any additional questions
from the Commission.
Ms. Beasley made a motion to accept the order as
previously commented.
Ms. Scully seconded the motion.
The motion passed unanimously by a vote of 5-0-0.
C. Hold a public compliance hearing with possible action
on BASC13-05 (211 Perkins Street), to determine whether a building or
structure is a dangerous building, and issue any order(s) determined necessary,
including imposition of civil penalties, to address such conditions per 22-331 et. seq. of the League City Code of Ordinances on property
located at 211 Perkins Street, League City, Texas 77573, legally described as a
portion of Lots 8 and 9, Block 5 of the Galveston County Farms Subdivision, in
League City, Galveston County, Texas, according to the map or plat thereof,
recorded in Volume 192, Page 274 of the Map Records of Galveston County, Texas.
(INITIAL PUBLIC HEARING WAS CLOSED ON 06-06-2013)
OWNERS/LIENHOLDERS
Mary Jennette Jackson Hunnicutt, 807 South Post Oak Lane, Houston, Texas 77056
And 211 Perkins Avenue, League City, Texas
77573
Lester Housh Jackson, 807
South Post Oak Lane, Suite 214, Houston, Texas 77056
And 211 Perkins Avenue, League City, Texas
77573
And 217 Perkins Avenue, League City, Texas
77573
And 3820 Danbury Drive #1906, Arlington,
Texas 76016
Clifford A. Jackson, 3817 Richmond, Suite 100,
Houston, Texas 77056
And 211 Perkins Avenue, League City, Texas
7757
And 15721 Serendipity Trail,
Plantersville, Texas 77363
Estate of Mable P. Jackson, c/o Mary J. Jackson Hunnicutt, 807 South Post Oak Lane, Houston, Texas 77056
Mr. Christiansen indicated that staff had received an
affidavit from Lester Jackson stating that he never had an interest in the
property.
Mr. LeBlanc, Code Compliance Officer, presented the
case to the Commission. He indicated that the Owners had shown a desire to
coordinate with city staff and repair the structure, if financially feasible.
Mr. LeBlanc stated that there had been no work performed on the structure at
this time, pending the Owners receiving responses from contractors to repair
the structure. He concluded that staff requested that the structure be
repaired; if the repairs are not feasible, then staff would request the
structure be demolished.
Jennette Hunnicutt, 5655 Briar
Drive, Houston, Texas 77056, a
partial owner of the house, indicated that she would like the structure to be
repaired and indicated that Mr. Jackson was prepared to demolish the building.
She also indicated that someone has contacted them to have a beauty parlor
business in the structure. She asked for additional time to repair it for a
business and added that they could go either way by means of repairing or
demolishing the building.
Mr. Hendershot asked about the foundation of the house
related to a picture in the presentation.
Mr. Jackson indicated that the pier and beam
foundation would need to be repaired.
There was a discussion regarding the repair of the
structure.
Mr. LeBlanc added that Mr. Linenschmidt was from the
Planning Department and could shed some light and answer questions regarding
the zoning of the property.
Mr. Linenschmidt was sworn in.
Mr. Linenschmidt stated that he would need to research
the property and briefly discussed the zoning process. He continued by
discussing how the property, if zoned residential, would need to be converted
to commercial property, including requirements of a commercial building, such
as parking, landscaping, ADA requirements.
Ms. Scully asked if it would be 6 to 8 more months
before the request would go before the P&Z.
Mr. Linenschmidt responded that rezoning requests take
approximately 3 months, but there are no guarantees until the City Council
approves the meeting. This time would not include the necessary drawings to
convert the site.. He added that city staff recommends
that no significant money is expended until the applicants have City Council
approval.
Mr. Christiansen asked Mr. Linenschmidt if there was a
way he could confirm the zoning.
Mr. Linenschmidt indicated that he was looking it up
as he spoke.
There was a discussion regarding what would happen to
the structure in the meantime, while waiting on the rezoning
of the property, site plan, etc.
Ms. Benoit asked staff to look into the rezoning cost,
if it were city initiated.
Mr. Linenschmidt responded that he would have to
discuss it with the Director of Planning, since this would not be considered a
city initiated zoning request, in which the overall waiver would have to be
approved by City Council.
Ms. Scully made a motion to continue this item to the
September 5, 2013 meeting.
Ms. Benoit seconded the motion.
The motion passed unanimously by a vote of 5-0-0.
D. Hold a public hearing and take action on BASC13-06
(114 Houston Avenue), 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 114 Houston Avenue, League City, Texas
77573, legally described as a portion of Lots 8 and 9, Block 2 of the Galveston
County Farms Subdivision, in League City, Galveston County, Texas, according to
the map as recorded in Volume 192, Page 275 of the Galveston County Clerk?s
Records being located in and being out of the Stephen F. Austin Survey,
Abstract No. 3, Galveston County, Texas. (PUBLIC HEARING WAS CONTINUED FROM
06-06-2013 MEETING)
OWNERS/LIENHOLDERS
Ronney M. and Charlotte A. Henson, P.O. Box 657, League
City, Texas 77573
And 808 Moody Avenue, League City, Texas 77573
And 114 Houston Avenue, League City, Texas 77573
Mary Emma Swinney, P.O. Box
813, League City, Texas 77573
Gary B. Kivell, Trustee, The Fuhr Law Firm, 107 Landing
Boulevard, Suite F, League City, Texas 77573
Mark E. Ciavaglia, P.O.
Drawer 2789, Texas City, TX 77592
Jason L. Bailey, 1235 North Loop West, #600, Houston
TX 77008
Mr. Christiansen gave a brief summary of the order and
added that the Owner passed away on July 13, 2013.
Mr. LeBlanc, Code Compliance Officer, noted that no
additional repairs had been made, but that Ms. Henson was in attendance.
Ms. Ronnie Henson, 808 Moody, League City 77573, stated that she would have a representative speak
for her.
Mr. Harry, Tuton, 605
Francis Ct. League City, 77573, an
ex-patient and close friend of the late Dr. Henson stated that they have
changed plans and will demolish the building. He added that they would need
some time, as Dr. Henson?s life work is in the building and requested 90-days
to remove all of the items from the structure. He indicated that they could
have the structure demolished by October 1st.
Mr. Christiansen asked if there were any other
questions.
Mr. LeBlanc indicated that the city had no objection
and that they requested that the property be maintained until the structure is
demolished, and staff would like to have the two broken windows boarded up.
Mr. Tuton responded that he
would have those windows covered.
Mr. Weathered indicated that his documentation noted
that there were no findings made on the previous meeting.
Mr. Christiansen confirmed there were no findings and
requested that the city present their information.
Mr. LeBlanc presented the case to the Commission. Mr.
LeBlanc indicated that items 1, 3, 4, 5, 6, 7, 11 and 12 were applicable and
items 2, 8, 9, 10 and 13 were not applicable to the structure.
Mr. Christiansen asked if the Commission had any
additional questions and if everyone was in agreement with the findings
presented. Mr. Christiansen moved on to Item IV.
Item IV: Orders
Item #1
Item was marked not applicable.
Item #2
Item was marked with ?August 8th? filled in
the blank.
Item #3
Item was marked not applicable.
Item #4
Item was marked.
Item #5
Item was marked with ?October 3, 2013? filled in the
bank and marked for demolition.
Item #6
Item was marked not applicable.
Item #7
Item was marked not applicable.
Item #8
Item was marked not applicable.
Item #9
Item was marked with the date ?October 3, 2013? filled
in the blank.
Item #10
Item was marked with the condition that ?if the
demolition is completed by October 3, 2013, the Owner does not need to appear?.
Item #11
Item was marked not applicable.
Item VI: Compliance
The item was marked as a final order.
Mr. Christiansen asked for a vote if the Commission
was in agreement with the order.
The motion passed unanimously by a vote of 5-0-0.
Mr. Weathered asked for a recess to sign the order and
provide it to the property owner.
Mr. Christiansen called for a 5 to 10 minute recess at
7:44 p.m.
Mr. Christiansen called the meeting back to order at
7:54 p.m.
E. Hold a public compliance hearing with possible action
on BASC13-07 (404 West FM 646), to determine whether a building or
structure is a dangerous building, and issue any order(s) determined necessary,
including imposition of civil penalties, to address such conditions per 22-331
et. seq. of the League City Code of Ordinances on property located at 404 West
FM 646, League City, Texas 77573, legally described as a portion of the western
half of Lot 32, of Addition ?D? to the Town of Dickinson, in League City,
Galveston County, Texas, according to the map thereof recorded in Volume 155,
Page 10 in the Office of the County Clerk of Galveston County, Texas.
(INITIAL PUBLIC HEARING WAS CLOSED ON 06-06-2013)
OWNERS/LIENHOLDERS
The Crown Enterprises, Inc., a Tennessee corporation,
c/o P.O. Box 969, Kingsport, Tennessee 37662
And c/o Real Estate Department, P.O. Box 869, Warren, Michigan 48090-0869
The Crown Enterprises, Inc., Assignor, Attn: E.
William King, VP and Treasurer, c/o P.O. Box 969, Kingsport, Tennessee 37662
Crown Enterprises, Inc., Attn: Barry Evans, Attorney
at Law, 550 North Egret Bay Boulevard, Suite 100, League City, Texas 77573-2947
Crown Enterprises, Inc., Attn: Larry Jacobs, Portfolio
Manager, 12225 Stephens Road, Warren, Michigan 48089
Comptroller of Public Accounts, Capital Station,
Austin, Texas 78774
JP Morgan Interfunding
Corporation, Beneficiary, Attn: Philip D. Weller, Trustee, 522 Fifth Avenue,
New York, New York 10036
JP Morgan Interfunding
Corporation, Assignee, Attn: B. Roland Palm, Manager, 522 Fifth Avenue, New
York, New York 10036
And 237 Jefferson Street, Centerport, New York 11721
The Mason and Dixon Tank Lines, Inc., Lessee, c/o P.O.
Box 969, Kingsport, Tennessee 37662
Marshall, Bratter, Greene,
Allison & Tucker, Attn: Benet Polikoff, Jr.,
Esquire, 430 Park Avenue, New York, New York 10022
Marshall, Bratter, Greene,
Allison & Tucker, Attn: Carol Johnson, 430 Park Avenue, New York, New York
10022
Mr. Christiansen read a letter from the Owner
requesting a continuance of the case and working with a potential tenant of the
site, determining their need as well as potential costs to the facility in
which retaining quotes from contractors was hindering the process.
Mr. Christiansen added that the Owner has complied
with the demolition of the roof and the loading
dock.
Mr. Christiansen asked if any of the Commissioners had
comments.
Mr. Rosen asked how long the continuance would be
requested.
Ms. Scully responded that the continuance would be for
30 days, as requested in the letter to the Commission.
Ms. Scully made a motion to continue the item until
the September 5, 2013 meeting.
Mr. Rosen seconded the motion.
The motion passed unanimously by a vote of 5-0-0.
VI.
Adjournment
Ms. Benoit made a motion to adjourn the meeting.
Ms. Scully seconded the motion.
The motion passed unanimously with a vote of 5-0-0.
Mr. Christiansen
adjourned the meeting at 8:01 p.m.
___________________________________
______________________________
Lonzell
Banks
James R. Christiansen,
Code
Compliance Official
Chairperson, Zoning Board of Adjustment/
Building and Standards Commission
Date
minutes approved: ___________________