[Neighbors] Fwd: Larger neon sign for the Carlisle Condos.

Fri Mar 23 16:01:21 MDT 2018

Agree.

Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------From: Stephen Mullens via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> Date: 3/23/18  3:01 PM  (GMT-07:00) To: Veronica Salinas <veronique_salinas at yahoo.com> Cc: neighbors at nobhill-nm.com, Juan Carlos Holmes via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> Subject: Re: [Neighbors] Fwd: Larger neon sign for the Carlisle Condos. 
The bottom line is that this is a pro-development environment we’re in. Developers do not like restrictictions and limitations, they want to do whatever they want to do to grow their bottom line, and they all think they know what’s better for us than we do. And the city likes developers and those that work for and on behal of developers because it generates revenue. So we all better get use to this kind of bs stuff and be prepared to fight it because it’s only getting started.  
Just make sure to file appeals on time so that, at the very least, we don’t allow the city an easy way out like what happened on the last two appeals.

Re the “minor change” for the height of the sign letters, what was the basis for allowing this property owner to ignore the letter size limitations that our comunity worked so hard to establish?
Stephen

On Mar 23, 2018, at 2:39 PM, Veronica Salinas via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote:
Juan Carlos:
In my response to Jim Strozier, I explained why this is not a valid reason. See below.

Jim, 

You are either
mistaken or you misrepresent the matter.It doesn't matter
what the Planning Director said in his approval letter, he cannot restrict a
"minor change" to a specific parcel. That is not only my
interpretation. That is how the City Council's Land Use Hearing Officer (LUHO)
interpreted Section 14-16-4-3(D)(2) at the Copper appeal hearing on January 22,
2018. 
I'm surprised you
don't remember. I remember it well because I had not read the provision this
way and was stunned to hear the LUHO's interpretation of how a "minor
change" cannot be restricted to a single property. I believe it happened
during an exchange between the LUHO and Planning Department Division Manager,
Russell Brito. The LUHO pointed out that the language in Section
14-16-4-3(D)(2) authorizes the Planning Director to make a "minor
change" to a Sector Plan not a single property. He further stated that a
"minor change" cannot be restricted to a single property, even if the
Planning Director explicitly states it in the approval letter, because the
language simply doesn't allow for it. Russell Brito confirmed the LUHO's
interpretation.This exchange is on
record and can be confirmed with the audio or written transcript of the appeal
hearing.A plain reading of
Section 14-16-4-3(D)(2) below, confirms the LUHO is correct in his
interpretation. There is no language anywhere in this section that authorizes
the Planning Director to approve a "minor change" for a specific
parcel or to restrict a change to a specific parcel once a "minor
change" to a Sector Plan has been approved. Therefore, the "minor
changes" approved for the Copper/Aliso and Carlisle properties necessarily
apply to the entire Sector Plan.Section 14-16-4-3(D)(2)
of the Albuquerque Comprehensive Zoning Code states, "The Planning
Director may approve minor changes to an approved Sector Development Plan
or Landscaping Plan if it is consistent with the use and other written
requirements approved by the Landscaping Commission or City Council, if the
buildings are of the same general size, the vehicular circulation is similar in
its effect on adjacent property and streets, and the approving official finds
that neither the city or any person will be substantially aggrieved by the altered
plan." (Emphasis is mine.)-Veronica 

                        On Friday, March 23, 2018, 2:31:03 PM MDT, Juan Carlos Holmes via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote:

                    It was explained to you twice, in the second reply to your initial e-mail, and again in Councillor Davis’ first reply to the thread.  Just because you ignored the explanation doesn’t mean it wasn’t there, Ms. Salinas.  While Messrs. Bawcum and Dixon’s worries that near-invariable grants of variances may undermine the standards in the first place strike me as legitimate issues to address, choosing to ignore the words of others simply because they’ve committed the egregious sin of disagreeing with you does no one any favors.
On Fri, Mar 23, 2018 at 2:15 PM Veronica Salinas via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote:
 Dear neighbors:

Astute observers will 
note that while city officials state my interpretation is incorrect four
 times in three different e-mails, none say why my interpretation is incorrect.
Any guesses as to why city officials eagerly point to my error, but repeatedly fail to say why I am in error? 
-Veronica

                        On Thursday, March 22, 2018, 2:35:38 PM MDT, Davis, Pat via Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote:

Neighbors, I wanted to respond to the concerns shared on the Listserve this morning about the sign approval for The Carlisle. 

It was mistakenly shared that this change would apply to other properties in the neighborhood. I asked our planning staff and attorneys to review that allegation. You can see their analysis below.

As always, if you have other questions about land-use you can always ask the staff in my office to provide some guidance. That’s what we are here for. 

Pat Davis
-City Councilor

_____________________________

From: Foran, Sean M. <seanforan at cabq.gov>

Sent: Thursday, March 22, 2018 2:00 PM

Subject: FW: [Neighbors] Larger neon sign for the Carlisle Condos.

To: Davis, Pat <patdavis at cabq.gov>

Councilor Davis, 
I asked Shanna to take a look at Veronica’s interpretation of the recent Administrative Amendments; she is incorrect in saying that the amendments apply to the entire Sector Plan. 
Shanna’s response is below. 
Thanks,

Sean 

*** 
Hi Sean, 
Veronica’s interpretation of Administrative Amendments (AA) is not correct – the allowed deviationsdo not apply to the entire sector plan. The Notice
 of Decision for the two recent AAs in the Nob Hill area (Copper/Aliso and Carlisle/Central) specifically state that the allowed deviations areproperty specific (see below). The same deviations allowed via these AAs would not be allowed on any other
 properties outside of the properties that made each request. This means, in the most recent example,only The Carlisle development will be able to utilize the additional sign height. I also reviewed the LUHO’s Notice of Decision for both cases and did
 not see him elude to the idea that the AAs would be applicable throughout the sector plan. 
I’ve chatted with Council’s legal staff, who typically reviews and handles land use appeals, and he concurred with this position. 

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