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

fgreen38 via Neighbors_nobhill-nm neighbors_nobhill-nm at mailman.swcp.com
Thu Nov 23 13:31:56 MST 2017


Ron, everything you have said is so true. I believe there are developers who do just that, develop, with their goals in the forefront. The neighbors and the people who love the history the area represents and would like to preserve it, don't seem to move into the developers' level of priority. I know the NHNA has stayed on top of all the 'perceived progress' that developers and City Planners have pushed upon the people who actually live and work in Nob Hill. (ART and Zuin realignments have increased traffic congestion and added, dramatically, to air pollution.  City doesn't seem to care because they had a other goal in mind.)  And your last line is how we will live going forward: talk all you want, do all the grip and grin meetings you can, but in actuality, no voice for the  Nob Hill residence or shop owner.Karen Green 


Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------From: ronhalbgewachs via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> Date: 11/23/17  8:44 AM  (GMT-08:00) To: Stephen Mullens <mullens.stephen at gmail.com>, Dennis P Trujillo <dptrujillo at gmail.com> Cc: codeenforcement at cabq.gov, "Suzanne G. Lubar" <slubar at cabq.gov>, Pat Davis <davis.patrick at gmail.com>, NobHill Neighbors <neighbors at nobhill-nm.com>, agarcia at cabq.gov, bnwilliams at cabq.gov, TheBoard NobHill-NM <theboard at nobhill-nm.com>, Shani Madden <shanikm at me.com> Subject: Re: [Neighbors] Copper/Aliso Development Exceeds 39 ft. Height Limit 
Folks, it isn’t as though our Neighborhood Association has been asleep at the wheel.  There have been several letters written to ABQ City Planning about this and also some face-to-face questions with the Planning Department.  But it is my impression these “encounters” have led to total frustration.

I read Mr. Kassam’s letter and it follows the old adage that it is easier to ask for forgiveness than to seek approval.  The fact that the construction crew worked long hours and through the Veteran’s Holiday leads me to believe a comment I had heard; that by adding the 3rd and 4th floors, the City would not require Mr. Kassam to take the offending construction down.  

Interesting also that we are told an “innovative” architect was able to meet all the requirements of set-backs.  We are shown a rendering of the building.  Has anyone seen the overall design of the entire facility?  Parking areas?  Something appears to be out of compliance when the building can actually be placed directly against the sidewalk along Copper.

I think we have just been introduced to the way of doing business in the CABQ!

Ron Halbgewachs

-----Original Message-----
>From: Stephen Mullens via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com>
>Sent: Nov 22, 2017 5:36 PM
>To: Dennis P Trujillo <dptrujillo at gmail.com>
>Cc: "codeenforcement at cabq.gov" <codeenforcement at cabq.gov>, Pat Davis <davis.patrick at gmail.com>, NobHill Neighbors <neighbors at nobhill-nm.com>, "Suzanne G. Lubar" <slubar at cabq.gov>, "agarcia at cabq.gov" <agarcia at cabq.gov>, "bnwilliams at cabq.gov" <bnwilliams at cabq.gov>, TheBoard NobHill-NM <theboard at nobhill-nm.com>, Shani Madden <shanikm at me.com>
>Subject: Re: [Neighbors] Copper/Aliso Development Exceeds 39 ft. Height Limit
>
>I agree with Dennis. It’s a nice note and a nice rendering but it's too little too late. The building is out of code. The city knows it and went ahead and approved it anyway, without any consideration of, or respectful collaboration with the local community. Basically it looks like they screwed up and would rather deal with disgruntled neighbors than the developer’s attorney. Very disappointing.
>Stephen
>
>> On Nov 22, 2017, at 11:00 AM, Dennis P Trujillo via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote:
>> 
>> I am looking at the building as I write----looks like another big box without character and out of scale for the immediate area. Renderings always look better than the finished product. It sets a bad precedent---others will follow.
>> Dennis
>> 
>> Dennis P. Trujillo, PhD
>> dptrujillo at gmail.com 
>> 
>>> On Nov 22, 2017, at 10:05 AM, maria munguia via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote:
>>> 
>>> I agree with Shani and Joan.
>>> 
>>> Maria Munguia Wellman, LISW, LCSW, PhD
>>> 
>>> ojos que no ven...corazon que no siente.
>>> 
>>> --------------------------------------------
>>> On Wed, 11/22/17, Shani Madden via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote:
>>> 
>>> Subject: Re: [Neighbors] Copper/Aliso Development Exceeds 39 ft. Height Limit
>>> To: "Joan Weissman" <joan at joanweissman.com>
>>> Cc: "codeenforcement at cabq.gov" <codeenforcement at cabq.gov>, "Suzanne G. Lubar" <slubar at cabq.gov>, "Pat Davis" <davis.patrick at gmail.com>, "bnwilliams at cabq.gov" <bnwilliams at cabq.gov>, "agarcia at cabq.gov" <agarcia at cabq.gov>, "NobHill Neighbors" <neighbors at nobhill-nm.com>, "TheBoard NobHill-NM" <theboard at nobhill-nm.com>
>>> Date: Wednesday, November 22, 2017, 9:43 AM
>>> 
>>> 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
>>> Weissmanjoan at joanweissman.comwww.joanweissman.com505.265.0144c. 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
>>> StrozierPresident,
>>> 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] On Behalf Of Veronica
>>> Salinas via Neighbors_nobhill-nm
>>> Sent: Tuesday,
>>> November 21, 2017 12:45 PM
>>> To: NobHill
>>> Neighbors <neighbors at nobhill-nm.com>;
>>> TheBoard NobHill-NM <theboard at nobhill-nm.com>; codeenforcement at cabq.gov
>>> Cc: Pat
>>> Davis <davis.patrick at gmail.com>;
>>> Suzanne G. Lubar <slubar at cabq.gov>; agarcia 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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