BZA—2/8/21—archival

This page contains archival information.

Hearing overview

Monday, February 8, 2021, at 10 a.m.

There is one Carrollton issue before the Board at this hearing:

Agenda item #2, docket #007–20, Rob Strain’s appeal of the Department of Safety and Permit’s issuance of a work permit for the structural renovation and elevation of 7612–14 Burthe Street (link to assessor’s site) by Amicus Properties.

Also of interest:

Agenda items #13–16—all concerning 1321 Calhoun Street (link to assessor’s site), docket #018–21, #019–21, #020–21, #021–21, “regarding the determination that the subject property has attained legal, non-conforming status for a second principal structure.”

See the BZA Agenda for February 8.

Watch the February 8 hearing video on YouTube:

Watch the meeting via the City website on Granicus, on the City Planning Commission YouTube channel or on the Cox Cable Channel 6 in Orleans Parish.

Commenting schedule (see below for commenting procedure)

Please submit comments to the City Planning Commission in SUPPORT of Rob Strain’s appeal on Monday, February 8, from 10 a.m. until the end of the 30-minute recess—via an electronic submission of comments in lieu of a personal appearance at the meeting. You may use this form for as many agenda items as you like.

Appeal details

Unfinished Business Item 2. Docket #007–21, 7612–7614 Burthe Street
Appeal filed by Burthe Street neighbor Robert Strain

Request: This is an appeal of a decision of the Director of the Department of Safety and Permits as per Article 4, Section 4.8 of the Comprehensive Zoning Ordinance regarding the issuance of Building Permit No. 20-21060-RNVS for the structural renovation of an existing two-family residence in the University Area Interim Off-Street Parking Zoning District. —request excerpted from the Draft Agenda

Amicus Properties would like to elevate the house to two stories and build eight to ten bedrooms (i.e., four to six new bedrooms) in itfor student rentals. Amicus filed its application for the structural renovation of the house on March 5, 2020, the very day the University Area Interim Zoning District (IZD) was enacted—without also providing a complete set of architectural drawings, as the Department of Safety and Permits requires.

Nevertheless, the company argues that the permit is not governed by the IZD, and that they should not be compelled to provide off-street parking, as the IZD requires, in a one-for-one match per new bedroom: http://czo.nola.gov/Article-19#19-4-A-1-l

In response, Appellant holds that:

  • The application for a work permit was submitted too late (i.e., on the very day the IZD was enacted, March 5, 2020) to avoid governance by the IZD;
  • Application was moreover incomplete (and therefore invalid) as it didn’t include a complete set of the architect’s plans, as required by the Department of Safety and Permits;
  • Construction value amounted to more than 50% of the assessed value of the property, thus triggering the need for a substantial improvement permit, for which the owner did not apply; and
  • The application falsely stated that the house was built after 1978, in an attempt to circumvent the need for lead-paint inspection.

At the January 11 hearing, this case was deferred until February 8. Watch the January 11 hearing video on YouTube:

City publication on this item in advance of the February 8 hearing:

  • Read the Safety and Permits staff report on this item (link to City site; includes public comments from January 4, 11, and February 1, 2021), in which the DSP responds that a complete set of plans were in fact submitted as a paper file, but the plans were not uploaded to the “LAnd MAnagement” (LAMA) electronic system because of restrictions and chaotic conditions resulting from the recent cyberattack on the City’s web servers. (And see further details on pages 1-5 of the linked report.)

Appellant responds in turn that:

  • the LAMA system had been accepting electronic submissions again (i.e., post-cyberattack) starting Feb. 26, 2020, per a memo from Zach Smith of the same date—while the application date in question for the Amicus project was March 5, 2020;
  • internal memos reveal that no DSP personnel involved with the Amicus project had access to the full set of plans until April 3, 2020; and
  • the print summary for the work permit application (filed on March 5, 2020), notes that the full set of plans was missing from the application at that time.

Commenting procedure

Monday, February 8—submit a public comment starting at 10 a.m.

On Monday, February 8, from 10 a.m. until the end of the 30-minute recess you may submit a public comment via electronic submission (link to submission form). You may use this form for as many agenda items as you like. (The end of the commenting period varies from month to month.)

All comments will be read aloud by a staffer after the intermission. There will be a two-minute limit on all comments.

Electronic comment submission is a COVID-19 protocol in lieu of appearing at the hearing in person.

Please write us at contact@townofcarrolltonwatch.org with questions.

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