[Neighbors] Update on zoning for new building at Aliso and Copper

Wed Oct 4 09:09:33 MDT 2017

 Thanks for the update, Tandi.
-Veronica
    On Tuesday, October 3, 2017, 3:27:44 PM MDT, Tandi Hufnagel <tandiwe76 at gmail.com> wrote:  

 Hi Veronica,
I heard from Sean Foran at Pat Davis' office that the construction is going forward on just the bottom 2 stories for the moment.  Those two stories do fit within the zoning code.  I will keep checking in with Sean to find out what is being decided about the upper story(s).
Thanks,Tandi
On Tue, Oct 3, 2017 at 1:51 PM, Veronica Salinas <veronique_salinas at yahoo.com> wrote:

 Dear Neighbors:
Construction has quietly started again at the site of the old Aztec Motel on the southwest corner of Aliso and Copper. This was the building where construction was stopped and the permit revoked because it was issued in error by the Planning Department.
For those of you not aware, the current Nob Hill-Highland Sector Development Plan allows a maximum height of 39 ft. (3-stories) for this commercial property with a "step-down" requirement where it meets the residential neighborhood. In practice, this means the maximum height at Copper Avenue is 26 ft. (2-stories). The building must then be setback 15 ft. before it can be built up to the 39 ft. (3-story) maximum height.
This building was erroneously approved for 42 ft. and 4-stories by the Planning Department. 
Construction has begun again, but nothing appears to be happening to the 3rd story of the building facing Copper. This is the part of the building that should only be 26 ft. (2-stories) in height.

Does anyone have information on the resolution agreed upon by the property owner and the Planning Department?
-Veronica

    On Tuesday, September 12, 2017, 12:07:17 PM MDT, Davis, Pat via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman. swcp.com> wrote:  

 Tandi and others, 
I wanted to share an update with you regarding this property.
After you alerted my office to your concerns, I asked the Planning Department to review the permit.  
After reviewing the permit process, the Planning Department this morning ordered the builder to stop construction and revoked the permit because it was issued by their office in error.  
We'll work with them to find a way to resolve the discrepancy and bring the plans into compliance.
Thanks for your patience as we gave planning time to compete their review.
Pat 
Pat Davis
-City Councilor

On Tue, Sep 12, 2017 at 9:04 AM -0600, "Stephen Mullens via Neighbors_nobhill-nm"<neighbors_nobhill-nm at mailman. swcp.com> wrote:

That it an ugly building.

Sent from my iPhone
On Sep 12, 2017, at 7:22 AM, Tandi Hufnagel via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman. swcp.com> wrote:

Hello all - 
Here are photos from this morning on the progress of the Aliso and Copper building - they are up to 3 stories on the west end.  The pace of construction has picked up.  
As you can see, there are dividing walls between decks on the third story that extend into the 15' setback.  Those walls are over the 26'/2-story limit within the 15' setback.  The point of this setback limit was to better fit in with the mostly 1-story neighborhood that surrounds it.  We now have what is visually a 3 story building right up to the sidewalk.  
Clearly this building does not fit the zoning code.  
Pat - we need action on this quickly please.  
Thanks,Tandi
On Mon, Sep 11, 2017 at 7:53 AM, Jim Strozier <cp at consensusplanning.com> wrote:

Pat,

Great response. Once the facts are known, then the proper action can be taken.

Jim Strozier

From: Neighbors_nobhill-nm [mailto:neighbors_nobhill-nm- bounces at mailman.swcp.com]On Behalf Of Davis, Pat via Neighbors_nobhill-nm
Sent: Sunday, September 10, 2017 9:49 PM
To: Sam Bawcum <sambawcum at aol.com>
Cc: Tandi Hufnagel <tandiwe76 at gmail.com>;neighbors_nobhill-nm at mailman. swcp.com
Subject: Re: [Neighbors] Update on zoning for new building at Aliso and Copper

Sam, to clarify, there is no acquiescence. 

We can't stop constriction with a valid permit based on allegations that the permit was improperly granted. That's why I directs my staff and the planning staff to provide me with an accounting of how the permit was granted so we can get the facts and share them publicly. 

If the permit was improperly granted, there are plenty of options to intervene. If it was granted properly with a variance or for other permitted reasons, the neighbors who have concerns have a right to know why they were not notified.

I want to get the facts so we can all evaluate it together and I'm confident we will do so quickly.

Pat 

Pat Davis
-City Councilor

On Sat, Sep 9, 2017 at 11:09 AM -0600, "Sam Bawcum" <sambawcum at aol.com> wrote:

Of course we can stop a project already in progress, particularly if the permitting was faulty. The builder will hav to deal with the remedy, which my include seeking losses from the city.

This mentality of "seeking forgiveness, after the fact, is easier than getting permission ", along with the continued special consideration developers receive, must be controlled.

Pat, your acquiescence to the SOP is akin to collusion. A change of perspective is needed.

Sent from my iPhone

On Sep 9, 2017, at 05:15, Davis, Pat via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman. swcp.com> wrote:

Tandi, I wanted to share with this list what I had shared with you in response to your earlier email. 

Tandi, I have requested both our council planning staff (which does not do plan review but can research existing zoning rules) and the administration's planning department review the permit and application to ensure both were handled appropriately.

We can't stop construction with a permit in place, but if a problem is found the planning department can take action based on those findings.

The expedited review will help us get that done to answer those questions quickly.

Pat Davis
-City Councilor

On Fri, Sep 8, 2017 at 8:03 PM -0600, "ronhalbgewachs" <ronhalbgewachs at peoplepc.com> wrote:

Hi Tandi,

Is this the building that is already under construction at that location?  I have been by there several times and it does not look all that sturdy!  I sure would not want to be on a floor above the two already in place.

Ron 

-----Original Message-----
From: Tandi Hufnagel via Neighbors_nobhill-nm 
Sent: Sep 8, 2017 11:52 AM 
To: neighbors_nobhill-nm at mailman. swcp.com,patdavis at cabq.gov 
Subject: [Neighbors] Update on zoning for new building at Aliso and Copper 

Hi neighbors -

Another neighbor, Veronica Salinas, went and talked to Andrew Garcia, head of Code Enforcement at the Zoning Dept yesterday about this new building which was permitted for 4 stories even though zoning is limited to 3 stories.

His response was vague and he said they are "looking into it".  

We are wondering if there is a member of the community who is an attorney, who would be willing to write a letter to the Zoning Dept requesting that the project be halted until the issue is resolved. 

Anyone able to do that?  Please feel free to contact me directly if you would like.

Thanks so much for all the supportive responses too.  Please keep up the pressure to let the city know that we intend to hold them accountable for their decisions.  That's the only way to improve the functioning of local governance.  

Tandi

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