[Neighbors] Copper/Aliso Development Exceeds 39 ft. Height Limit

Mon Dec 4 22:08:39 MST 2017

They do not care or they would have stopped and re-designed.  The City does not care; City planners do not live next door to these buildings, but had the power to stop them.  It is very much the same as ART.  Those that are building, care only about their goal, not the neighborhood.  The most environmentally harmful street designs are Zuni and ART.  The most obnoxiously tall and out-of-place buildings are the storage building going up on Central and the 3 story housing on Campus/Copper.  Karen

From: Neighbors_nobhill-nm [mailto:neighbors_nobhill-nm-bounces at mailman.swcp.com] On Behalf Of Gloria Birkholz via Neighbors_nobhill-nm
Sent: Monday, December 04, 2017 10:48 AM
To: Susan Michie
Cc: Pat Davis; Shani Madden via Neighbors_nobhill-nm; NobHill Neighbors; TheBoard NobHill-NM; Shani Madden
Subject: Re: [Neighbors] Copper/Aliso Development Exceeds 39 ft. Height Limit

I find it amazing that one of our own nob hill residents, who is also a builder/developer, would not be aware of his community’s long efforts at honoring and preserving our historical appearance and the codes for building in their own community. It seems that both our neighbor and the city made “mistakes” that the community is expected to live with .  I’d be happy to contribute to any efforts at an appeal.  As a 30 year resident, i too know that exceptions become precedent .

Sent from my iPhone

On Dec 3, 2017, at 9:25 PM, Susan Michie via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote:

Sorry, but I find it hard to believe that developers, architects, and planners who have lived in this city for decades and who are always involved in the city zoning/planning processes are unaware of the allowed building heights in a commercial zone when they apply for a building permit! These are very intelligent people who I am quite certain can read and understand a sector development plan which includes a map that clearly shows what the building heights  and step backs are for each block in Nob Hill. Susan

On Wednesday, November 22, 2017, 9:57:03 AM MST, Shani Madden via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote: 

I found Kassam’s email thoughtful as well.  The rendering looks attractive as well.   I think more focus on permits and city’s approval process in the future is of utmost importance; This one seems to have gotten by us.  I don’t think it fair to hold the builder accountable.  

Shani

~ Sent from my iPhone

On Nov 22, 2017, at 9:13 AM, Joan Weissman <joan at joanweissman.com> wrote:

There are obviously larger issues involved, such as the consistency of the planning department, and the future of local codes in the light of new zoning regulations. We should not let go of neighborhood oversight, and I appreciate the detailed follow up. 

However, after reading Mr. Kassam’s thoughtful message, and seeing the picture of his development, I think it might be time to move on in this particular case. The rendering is quite attractive, and I look forward to seeing it finished and occupied with new Nob Hill residents. 

Joan Weissman

joan at joanweissman.com

www.joanweissman.com

505.265.0144

c. 505.379.4851

On Nov 21, 2017, at 6:28 PM, Jim Strozier via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote:

Neighbors,

Rahim Kassam asked me to pass along this message. He is travelling to visit family for Thanksgiving.

Jim Strozier

President, Consensus Planning, Inc. and Nob Hill resident

As the developer of the project at Aliso and Copper, I would like to meet with the neighbors to show you the project. I also want to take a moment to clarify some of the information in the email that was sent out by Veronica Salinas and Govinda Haines regarding my project:

1.            When I originally met with the city over 2 years ago, they informed me that the height limit for the property was 54 feet and allowed for 4 stories as this property was located in the CCR-2 zone. I worked with the city during those 2 years developing a plan for this site which is in a designated metropolitan redevelopment area. I went through 3 PRT's, 1 DRT and the building permit process. During that time I worked with the city in good faith to come up with an aesthetically pleasuring design that worked within their guidelines. It was the interpretation of the City Planning Department that the allowable height for this lot is 54 feet with up to an additional 5% for parapet variation & and additional 20% for other design elements.

2.            My building is slightly over 40 feet including the parapet with 4 smaller stories. I also have a stepback staring at the third floor. During this entire time I was never told that there was a different interpretation of the maximum building height.

3.            I had no intention of building to the maximum height allowed, but rather designed a shorter, 4-story building with a stepback in order to provide for an appropriately scaled building to the street. The seasoned architect on this project came up with an innovative double townhouse design.

4.            In addition, the project does not maximize the density allowed. The project is designed for 12 dwellings even though I was told at an earlier PRT that the site could allow for 24 units.

5.            I have always felt that this project will enhance the neighborhood. It was formally a boarded up motel and then an empty lot next to a liquor store and is now being transformed into something that the city and the Nob Hill Neighborhood can be proud of. I have attached a rendering showing the project (prior to lowering the height).

6.            After working with the City, I made an application for a building permit, which was approved and I started construction.

7.            The neighborhood brought the city’s error to their attention. However, even after that I had a meeting with the planning department determined that 54 feet and four stores was allowed. When the City brought their error to my attention and red tagged the project, I met with them and determined the best way to proceed. I modified the building plans and cut down the third floor (at considerable expense) to lower the overall height to 39 feet with the allowable parapet slightly above that. The modified height is consistent with the requirements of the Nob Hill Sector Plan.

8.            The project is designed with rear (alley) access garages which come at a higher cost than unsightly surface lots.

9.            I applied for and received an administrative approval, as provided for in the zoning code, for a change to allow a 4 story building within the allowable 39 foot height limit. The City’s carefully considered decision is also attached. Part of the city’s reasoning was that the height of this project would be the same as a three-story project allowed in the old Nob Hill Sector Development Plan. It’s important to note that with the passage of the IDO, the allowable height is now 42 feet with no setback at all.

10.        I have been asked, why didn’t you just sue the city when they placed a red tag on your project after it was already permitted?  That is not my style. I prefer to try and work with everyone to come up with a solution.

I am a small, independent developer who previously lived in this neighborhood starting from the age of three. I love Nob Hill and want to see the best happen for it. I think I have designed a beautiful, small, infill project that will greatly enhance the neighborhood. I would like to meet with the community to show you the project and review the design and the changes that have been made.

Sincerely,

Rahim Kassam

<image001.jpg>

From: Neighbors_nobhill-nm [ <mailto:neighbors_nobhill-nm-bounces at mailman.swcp.com> mailto:neighbors_nobhill-nm-bounces at mailman.swcp.com] On Behalf Of Veronica Salinas via Neighbors_nobhill-nm
Sent: Tuesday, November 21, 2017 12:45 PM
To: NobHill Neighbors < <mailto:neighbors at nobhill-nm.com> neighbors at nobhill-nm.com>; TheBoard NobHill-NM < <mailto:theboard at nobhill-nm.com> theboard at nobhill-nm.com>;  <mailto:codeenforcement at cabq.gov> codeenforcement at cabq.gov
Cc: Pat Davis < <mailto:davis.patrick at gmail.com> davis.patrick at gmail.com>; Suzanne G. Lubar < <mailto:slubar at cabq.gov> slubar at cabq.gov>;  <mailto:agarcia at cabq.gov> agarcia at cabq.gov;  <mailto:bnwilliams at cabq.gov> bnwilliams at cabq.gov
Subject: [Neighbors] Copper/Aliso Development Exceeds 39 ft. Height Limit

Neighbors:

The development under construction on the southwest corner of Copper and Aliso has exceeded the 39 ft. height limitation specified in the Nob Hill Highland Sector Development Plan. Per our sector plan, construction in this parcel is limited to 3 stories and 39 ft. in height, measured from grade to the top of the parapet. The building is currently 4 stories and at least 42 ft. high.

I spoke with the developer on Saturday, November 18, and he stated that the building measures 39 ft. from floor level to the roof deck. When the height of the parapet and the distance from grade to the floor level are included, the building is at least 42 ft. high. Why is the city allowing construction to continue?

When the city red-tagged the project in September, they knew that the building already measured 22 ft. from the sidewalk to the top of the second story and that it would be nearly impossible to squeeze another 2 stories plus the parapet into the remaining 17 ft. Defying reason, the city approved a special exception for a fourth story, knowing full well that the final building would likely exceed the 39 ft. height limit.

Now the building does not comply with the 3 stories AND it does not comply with the 39 ft. maximum height. It is also likely that it does not comply with the required stepback at 26 ft. on the Copper side.

The neighborhood has made our concerns known to city Code Enforcement. Even the developer admits that the building does not comply with zoning height limits. What does it take to get the city to enforce the zoning code?

-Govinda Haines, Nob Hill

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