|
|
Zoning
Board of Adjustments /
building and standards
commission
Regular Session Agenda
September 5,
2013
6:00 PM
City Council
Chambers
200 West
Walker Street
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I.
Call to order and Roll call of
members
II.
Approval of Minutes
A.
August 1, 2013
III.
The Swearing in of Speakers and
Witnesses
IV.
New Business
A. Consider and take action on an Appeal to
Administrative Official Application ZBA13-01 (2700 FM 518), a general
appeal by Dennie Teer, to
the interpretation by the City Planner that the nonconforming use of Self
Storage was abandoned and may not be reestablished under Sec. 125-191.C.
V.
Public Hearings and Action
Items from Public Hearings (ZBA)
A.
Hold
a public hearing and take action on Zoning Board of Adjustments Application, ZBA13-02
(League City Fire Training Center), a variance request to the height
requirements of the “PS” (Public / Semi-Public) Zoning District (Schedule
125-74.C) on approximately .94 acres, located east of Kansas Avenue across from
the Township Subdivision with the address of 911 Kansas Avenue, League City,
Texas.
VI.
Public Hearings and Action
Items from Public Hearings (BASC)
A. Hold a second public compliance hearing with possible
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, 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 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;
PUBLIC HEARING WAS CONDUCTED ON 08-01-2013 MEETING) WITH FINDINGS MADE AND
CONTINUED FROM COMPLIANCE TO DETERMINE WHETHER REPAIR, DEMOLITION OR OTHER
REMEDIES WARRANTED.
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
Page 2 of 3
City
of League City
Zoning
Board of Adjustments / Building Standards Commission
Regular
Session Agenda
September
5, 2013
6:00
PM
City
Council Chambers, 200 West Walker Street
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
B. Hold a third 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;
SECOND HEARING WAS CONTINUED ON 08-01-2013)
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
Page 3 of 3
City of League City
Zoning Board of Adjustments
/ Building Standards Commission
Regular Session
Agenda
September 5,
2013
6:00 PM
City Council Chambers, 200 West Walker Street
C. Hold a third 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; SECOND HEARING WAS CONTINUED ON 08-01-2013)
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
VII.
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 AUGUST, 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.
__________________________________________
______________________________________
LONZELL BANKS,
CCO
MARK LINENSCHMIDT
CODE COMPLIANCE OFFICIAL
SENIOR PLANNER
MINUTES
CITY OF LEAGUE CITY
ZONING BOARD OF
ADJUSTMENTS/
BUILDING AND STANDARDS
COMMISSION
REGULAR MEETING
THURSDAY,
SEPTEMBER 5, 2013 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 6:04 p.m.
Members
present:
Members absent:
James R.
Christiansen, Chair
Janet Alleman
Amy
Beasley, Vice Chair
Michael
Hendershot
Katie
Benoit
Charles
Rosen
Elizabeth
Scully
City
Representatives:
Lonzell
Banks, Code Compliance Official
Frank
LeBlanc, Code Compliance
Wes
Morrison, City Planner
Mark
Linenschmidt, ZBA Liaison
Steve
Weathered, City Attorney
II.
Approval of Minutes
A.
August 1, 2013
Mr.
Christiansen made a motion to approve the minutes of August 1, 2013.
Ms.
Beasley seconded the motion.
The
motion passed unanimously with a vote of 4-0-0.
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 an Appeal
to Administrative Official Application ZBA13-01 (2700 FM 518), a general
appeal by Dennie Teer, to
the interpretation by the City Planner that the nonconforming use of Self
Storage was abandoned and may not be reestablished under Sec. 125-191.C.
Wes
Morrison, City Planner, stated to the Board that the applicant has requested to
table this item because he was unable to be here tonight. He added that, as a
courtesy, staff was willing to table the item, if that was the Board’s desire.
Otherwise, staff was prepared to present the item.
Mr.
Christiansen asked the Board if there were any concerns about tabling the item
for 30 days. There being none, Mr. Christiansen called for the vote.
The
motion passed unanimously by a vote of 4-0-0.
V.
Public Hearings and Action
Items from Public Hearings (ZBA)
A.
Hold a public hearing and take action
on Zoning Board of Adjustments Application, ZBA13-02 (League City Fire
Training Center), a variance request to the height requirements of the “PS”
(Public / Semi-Public) Zoning District (Schedule 125-74.C) on approximately .94
acres, located east of Kansas Avenue across from the Township Subdivision with
the address of 911 Kansas Avenue, League City, Texas.
Mr.
Morrison presented the item to the Board. He noted that the city was proposing
to construct a fire training center and that the Historic District Commission granted
a certificate of appropriateness for the structure, but the variance is to be
decided by the Board. He briefly summarized the variance tests from the
staff report.
Ms.
Beasley asked who set the 40-foot height limit for training.
Mr. Morrison
replied that it was a national standard for training.
Ms.
Beasley asked Mr. Morrison to verify that the national standard is the
hardship, and that it is possible when the existing fire train center was
constructed, the national standard was 37 feet.
Mr.
Morrison replied in the affirmative regarding the hardship; however, he did not
know the national standard at the time the previous structure was built. He
added that the Fire Chief and Assistant Fire Chief informed him that the
current national standard is 40-feet in height.
Mr.
Christiansen asked if there were any more questions for staff. There were none.
Mr.
Christiansen opened the public hearing at 6:16 p.m.
Ms.
Kathy Maddox, 701 Township, League City, Texas 77573, asked if there would be any more flood lights on the
property.
Mr.
Morrison stated that the last time he spoke with the Fire Chief, they had not
addressed the lighting standards, and the Chief did not think that any
additional lighting would be needed.
Mr.
Morrison also noted that the lighting was a concern for the Historic District
Commission as well, and he asked staff to work with adjacent property
owners. He could not confirm any additional lighting on the site.
Ms.
Scully asked if staff would coordinate with the owner to make sure the lighting
was not intrusive, if it was determined that additional lighting would be
required,
Mr.
Morrison responded in the affirmative.
Ms.
Scully then asked for confirmation that the Historic District had approved a
certificate of appropriateness.
Mr.
Morrison responded in the affirmative.
Mr.
Christiansen asked for any additional comments from the public. There were
none. Mr. Christiansen closed the public hearing at 6:17 p.m.
Mr. Christiansen
stated the Board will need to go down the lists of tests from the Variance
Findings Form.
Test
#1: Such variance will not be contrary to the public interest.
True:
4 False: 0
Test
#2: Such variance will not authorize the operation of a use other than those
uses specifically authorized for the district in which the property for which
the variance sought is located.
True:
4 False: 0
Test
#3: Such variance will not substantially or permanently injure the appropriate
use of adjacent conforming property in the same district.
True:
4 False: 0
Test
#4: Such variance will not alter the essential character of the district in
which it is located or the property for which the variance is sought.
True:
4 False: 0
Test
#5: Such variance will be in harmony with the spirit and purposes of this
Ordinance.
True:
4 False: 0
Test
#6: The plight of the owner of the property for which the variance is sought is
due to unique circumstances existing on the property, and the unique circumstances
were not created by the owner of the property and are not merely financial, and
are not due to, or the result of, general conditions in the district in which
the property is located.
True:
4 False: 0
Test
#7: The variance will not substantially weaken the general purposes of this
Ordinance or the regulations herein established for the specific district.
True:
4 False: 0
Test
#8: The variance will not adversely affect the health, safety, and welfare of
the public.
True:
4 False: 0
Mr. Christiansen
stated that, based on the votes of the eight tests, the variance is approved
and that he would sign the form as such.
VI.
Public Hearings and Action
Items from Public Hearings (BASC)
A.
Hold a second public compliance
hearing with possible 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, 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 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; PUBLIC HEARING WAS CONDUCTED ON 08-01-2013
MEETING) WITH FINDINGS MADE AND CONTINUED FROM COMPLIANCE TO DETERMINE WHETHER
REPAIR, DEMOLITION OR OTHER REMEDIES WARRANTED.
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 the property had been inspected and a cost
estimate for repairs was performed for the structure. Chase Bank also provided
cost of repair estimate prior to it changing to a new mortgage company. The
structure is in the same condition as in the previous hearing. The property was
recently mowed by a contractor hired by the city.
Ms.
Scully asked if staff had any communication from the new mortgage company.
Mr.
LeBlanc responded that the new mortgage company has not made any contact.
Ms.
Benoit asked if the mortgage company has mowed the property or attempted to
maintain the property.
Mr.
LeBlanc responded in the negative. He added that the City had the property
mowed about two weeks ago.
Mr. LeBlanc
stated that the value of the structure is $102,110. The land value is not
included in that cost.
Ms.
Benoit asked to clarify, if the Chase evaluation was commissioned and paid for
by the mortgage company.
Mr.
LeBlanc responded in the affirmative.
Ms.
Scully asked if this evaluation was done prior to the property changing hands
with the new mortgage company.
Mr.
LeBlanc responded in the affirmative.
Mr.
Banks, Code Compliance Official, noted that the Galveston County Appraisal
District has been provided with documentation to assist in the reappraisal of
the structure. The reappraisal will be included in the new tax roll which will
be available on September 9, 2013.
Mr.
Christiansen asked if the mortgage company posted an $8000 surety bond as
ordered in the previous meeting.
Mr.
LeBlanc responded that the mortgage company did not comply with that order.
Mr.
Christiansen stated that if there were no other questions by the Commission, he
would move forward with the orders.
Mr. Christiansen
asked if there was a representative from the mortgage company. There were none.
The
Commission would use the finding from a previous order whereby under findings,
Section III subparagraph D, of the August 1, 2013 order.
Item
III: Findings
Owner
has failed to comply and evidence provided to the Commission of the cost of
repairs justifies demolition. The owner also failed to provide surety bond as
ordered and to appear at the September 5, 2013 hearing as ordered.
Item #1
Item was
not marked.
Item #2
Item was
not marked.
Item #3
Item was
not marked.
Item #4
Item was
not marked.
Item #5
Item was
marked with a repair or demolition date no later than October 3, 2013 unless
the mortgage show cause on why the structure should not be 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 order to appear to compliance hearing on October 3, 2013.
There was
a discussion regarding civil penalty fees to be assessed for non-compliance.
Ms.
Scully made a motion to go into Executive Session for discussions with the City
Attorney.
Ms.
Beasley seconded the motion.
The
motion passed unanimously.
Mr.
Christiansen declared that the Building and Standards Commission would go into
Executive Session at 6:55 p.m.
Mr.
Christiansen reconvened the Building and Standards Commission from Executive
Session at 7:07 p.m.
Item #10
Item was
marked with the following conditions: 1) The owner needs to show cause why the
building should not be demolished; 2) Why a surety bond was not posted; 3) Why
property has not been maintained; and 4) Why owner or representative has failed
to appear.
Item #11
Item was
marked with the amount of $8,000 filled in the blank.
Item V:
Order
Item #1
The item
was marked as to be determined.
Item #2
The item
was marked as to be determined.
Item VI:
Compliance
Item #1
Item was
marked.
Item #2
Item was
marked.
Item #3
Item was
marked.
Item #4
Item was
marked assessing civil penalties of $1000 per day from September 5, 2013. This
property is not a homestead so it was marked not applicable.
Item #5
Item was
marked to be determined. This will be the final order unless otherwise noted.
Mr.
Christiansen made a motion to accept the order as previously commented.
The
motion passed unanimously by a vote of 4-0-0.
B.
Hold a third 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;
SECOND HEARING WAS CONTINUED ON 08-01-2013)
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.
LeBlanc, Code Compliance Officer, presented the case to the Commission. He
indicated that the Owners attended a meeting with city staff in regards to
rezoning the property. The property owner will not be able to attend the
hearing tonight. The property owners are requesting a continuance to rezone the
property. Staff is recommending 30 days continuance.
Mr.
Christiansen made a motion to accept the request for a continuance.
Ms.
Beasley made a motion to accept that request.
Ms.
Scully seconded the motion.
The
motion passed unanimously by a vote of 4-0-0.
C.
Hold a third 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; SECOND HEARING WAS CONTINUED ON 08-01-2013)
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.
LeBlanc, Code Compliance Officer, presented the case to the Commission. He
indicated that the Owners were to provide plan of action and timeline for
repairs or demolition. He has been in contact with the property owner, who is
attempting to lease the property. They have reached an agreement with Tommy Gas
of Gas Automotive for a lease, depending on certain conditions being met. Adam
Finn, with Crown Enterprises, Inc., will provide a cost estimate to do all
repairs.
Charles
Jenkins, Structural Engineer, 705 E Shore Drive, Clear Lake Shores, TX 77565, was contacted by Mr. Finn. He has a letter of authorization
to speak on the behalf of the owner in regards of the repairs. He also has a
letter of intent to lease the property, signed by Raymond Gas and the
representative of Crown Enterprises. Exhibit A addresses repairs to be made to
the building and certain terms such as the tenant monthly rate and a list of
improved items.
Ms.
Scully asked if he has a timeline for these repairs.
Mr.
Jenkins answered that the documents may have a timeline. The dangerous part of the
roof has been demolished, as requested by the commission. The document also
provides Mr. Finn’s contact information if there are questions Mr. Jenkins is
unable to answer.
Ms.
Beasley asked if Mr. Jenkins created the list of items to be improved.
Mr.
Jenkins replied that he did not create the list of improvement items.
Ms.
Scully asked staff if they have examined the list.
Mr.
Banks replied that staff had not seen the list and asked if there is a cost
estimate associated with the list.
Ms.
Scully replied that there is neither cost estimate nor timeline for the repairs
included in the letter.
Mr.
Banks asked who should enforce the agreement to repair the property.
Ms.
Scully replied that the lease agreement states the lessee is responsible to do
the repairs.
Item
III: Findings
Property
owner provided a letter of intent which outlines an agreement to move forward
with repairs on the day of the hearing.
Item V:
Order
Item #1
The item
was not marked.
Item #2
The item
was not marked.
Item VI:
Compliance
Item #1
Item was
marked.
Item #2
Item was
marked.
Item #3
Item was
marked.
Item #4
Item was
not marked.
Item #5
Item was
marked property owner are to attend compliance meeting on October 3, 2013. On or
before September 30th staff shall be provided with a report showing
a detail cost estimate and time table for repairs.
Mr.
Christiansen made a motion to accept the compliance order.
The
motion passed unanimously by a vote of 4-0-0.
VII.
Adjournment
Ms.
Beasley made a motion to adjourn the meeting.
Ms.
Benoit seconded the motion.
The
motion passed unanimously with a vote of 4-0-0.
Mr.
Christiansen adjourned the meeting at 7:46 p.m.
___________________________________
______________________________
Lonzell Banks
James R.
Christiansen,
Code Compliance
Official
Chairperson, Zoning Board of Adjustment/
Building and Standards
Commission
Date minutes approved:
___________________