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July 11, 2017 — Meeting Minutes
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07-11-17 BOA Minutes July 11, 2017 Page 9 of 10
City Attorney O’Keefe stated that he has not had the opportunity to benefit from Mr. Cushing’s analysis as to what reasoning underlies his assertion. The R-1 Zoning District specifically specifies an independent basis for requiring ARB approval. The section pertaining to circular drives are two access points in the R-1 District specifically ascribes solely to the ARB the authority to do that grant as opposed to the general language in the ARB regulations. The procedural provisions in the ARB chapter say that certain ARB functions can be handled administratively. The general principle is that the specific will overrule the general and the review of that application is undertaken by ARB, not under its general authority to review site plans, but under a specific delegation of authority in the R-1 Zoning District regulations. Mr. Upshaw commented in reference to Alderman Boulton’s reference to “neighbors” – that only living in the neighborhood for eight months he was able to get, in a very short amount of time, 26 signatures from neighbors for approval of their project. Alderman Boulton stated that she received numerous phone calls, cornered at a neighborhood meeting, and all of the Board received three or four letters to opposition to the project. She did not seek anyone to call her. Mayor Sanger stated that the Board appreciates the fact that Mr. Upshaw went out and got the signatures and appreciates what he is saying about the neighborhood. Alderman Boulton moved to deny the appeal. Alderman Berkowitz seconded.
Her concern at that point was that we follow the processes that are in place. In architectural review it says that all the stakeholders have an opportunity to weigh-in to a decision that will impact them. As an alderman she was making sure that there was a venue for all of the stakeholders to come together and that the ARB that is chaired by an architect and consists of members who are architects, developers to have an opportunity to look at the project. The project is a major exterior change and she felt it would benefit from the ARB input. As a member of the ARB she had to determine does it fit in the neighborhood. She stated that this is a neighborhood that is on the National Register of Historic Places. That agency requires that no changes can be made to the exterior look from the street. She referenced other neighborhoods, DeMun, Tuscany Park as examples. The ARB handled this issue such as they have handled others in historic neighborhoods and it was a unanimous decision to deny the driveway part of the project, but also accepted a large part of the project (e.g. front porches and a wall). This went through the due process, given a hearing at ARB and was denied. We do owe some respect to the people who serve on the ARB that we respect their decisions.
This went through the due process, given a hearing at ARB and was denied. We do owe some respect to the people who serve on the ARB that we respect their decisions. Alderman Berger stated that the petitioner claims that the process did not require going to the ARB, however the position that we took was that it did need to go to the ARB. The ARB is defined as an entrical part of the process of decision making and ask for the City Attorney’s thoughts.
Alderman Boulton moved to deny the appeal. Alderman Berkowitz seconded. The motion passed 6 – 1 on a roll call vote: Alderman Winings – Nay; Alderman Boulton – Aye; Alderman Berger– Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; Alderman Harris – Aye; and Mayor Sanger – Aye. Other
Alderman Winings reported on the following: - Parks and Recreation Commission – the Ice Rink Project will go before the ARB on 7/18; Jacobs presented the design and site layout; feedback was given by the Commission; project is moving quickly; design documents are expected to be complete in October and groundbreaking in March 2018 with a 16 month project. - Patty DeForrest provided an update on Chapman Plaza; completion is expected by August 15; grand opening planned August 21. Alderman Boulton reported on the following: - DeMun Park held a meeting today; moving along with the planning and discussion - Attended Parks & Recreation Commission meeting - She, mayor, and city manager met with the National Association of City Transportation Officials (NACTO), (a biking organization) and representatives of the City and the County about a “regional” membership; meeting again next month. Mayor Sanger added that it was a good cooperative meeting of the City, the County, Clayton trying to get something done together. Alderman Berger reported on the following: - Kudos to the Police Department – proactive interaction in the Polo neighborhood with a follow-up arrest of individuals.
Mayor Sanger added that it was a good cooperative meeting of the City, the County, Clayton trying to get something done together. Alderman Berger reported on the following: - Kudos to the Police Department – proactive interaction in the Polo neighborhood with a follow-up arrest of individuals. He is concerned about the frequency of crime the neighborhood is experiencing, but is a total supporter of the police department. - Kudos to the Parks staff – a resident request was received with regard to an ailing dog to enjoy his last days visiting the dog park and the staff granted a temporary short term pass to the resident.