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  • Board of Architectural Review Meeting 1/21/2026
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Board of Architectural Review Meeting   1/21/2026

Attachments
  • BAR Agenda January 2026.pdf
  • BAR Packet January 2026.pdf
  • Board of Architectural Review Minutes.pdf
    • James Zehmer
    • 00:36:05
      All right, I'll call us to order.
    • 00:36:13
      Welcome to this regular monthly meeting of the Charlottesville Board of Architecture Review.
    • 00:36:18
      Staff will introduce each item, followed by the applicant's presentation, which should not exceed 10 minutes.
    • 00:36:24
      The chair will then ask for questions from the public, followed by questions from the BAR.
    • 00:36:28
      After questions are closed, the chair will ask for comments from the public.
    • 00:36:32
      For each application, members of the public are allowed three minutes to ask questions and three minutes to offer comments.
    • 00:36:38
      Speakers shall identify themselves and provide their address.
    • 00:36:42
      Comments should be limited to the BAR's purview, that is regarding only the exterior aspects of a project.
    • 00:36:48
      Following the BAR's discussion and prior to taking action, the applicant will have up to three minutes to respond.
    • 00:36:54
      Alrighty.
    • 00:36:56
      First off is matters from the public not on the agenda or on the consent agenda.
    • 00:37:02
      Tonight's consent agenda has the meeting minutes from December.
    • 00:37:06
      Any matters from the public not on the agenda?
    • 00:37:12
      Nobody online.
    • 00:37:13
      Alright.
    • 00:37:15
      Next we'll go to the consent agenda.
    • 00:37:20
      All right, we'll back up a little bit.
    • 00:37:22
      Someone online, do you have a, Mr. Snyder, you have three minutes.
    • SPEAKER_07
    • 00:37:29
      Yes, I'm Jim Snyder.
    • 00:37:32
      I have a home at 206 B, 5th Street, Southwest in Fifeville.
    • 00:37:39
      At one of the last meetings, one of the members mentioned that an option for historic preservation for an area like Fifeville
    • 00:37:47
      might be a different type of historic preservation overlay, not one that was so specific that it detailed every window and shutter and paint color, etc.
    • 00:38:00
      I wondered if we could get some more information about that.
    • 00:38:04
      The other question I had was, is there a way to nominate houses, for example, there's one
    • 00:38:11
      He's now 100 years old, a very unique stone bungalow on Fifth Street that looks like it was built about the same time by the same contractor as the Rock House.
    • 00:38:21
      It has been restored and is in much better shape than it was when it was nominated and put into, I think it's a contributing building.
    • 00:38:30
      So those were two questions I had.
    • 00:38:31
      Thank you.
    • James Zehmer
    • 00:38:33
      Great.
    • 00:38:33
      Thank you for calling in.
    • 00:38:36
      I think the answer to both of those questions is yes.
    • 00:38:41
      Jeff, I think if you want to speak to the first one, certainly.
    • 00:38:44
      I think he's basically talking about what, not the ADC, but Fifeville is Fifeville,
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:38:55
      Historic District is on the National Register and the Virginia Landmarks Register is a Historic District.
    • 00:39:01
      The building Mr. Snyder is talking about, I believe, is contributing a lot of them already are.
    • 00:39:05
      So there is a National Register District overlay.
    • 00:39:10
      But of course, you, the BAR, have purview only over what is locally designated.
    • 00:39:16
      So the city has, of course, the ADC, the Architectural Design Control District,
    • 00:39:23
      We have eight of those, West Main, Downtown, North Downtown, Wordlet, etc.
    • 00:39:27
      Those are the more rigid of the historic districts.
    • 00:39:34
      We look at all four sides.
    • 00:39:38
      We also have in the city individually protected properties.
    • 00:39:43
      For example, the two houses on 7th Street, the reason that we were reviewing that project is because they were IPPs.
    • 00:39:50
      That work on IPPs follows the more rigid design review.
    • 00:39:56
      The third, I guess, is the city has three historic conservation districts, Willam Mills Village, Martha Jefferson, and Rugby Road.
    • 00:40:07
      Those are a historic district light, if you will.
    • 00:40:13
      We look primarily at what's visible right away.
    • 00:40:20
      The way I've explained to folks is the design guidelines for the ADC districts about 150 pages.
    • 00:40:26
      The design guidelines for conservation districts is maybe three, maybe two and a half, so very different.
    • 00:40:34
      To nominate the last
    • 00:40:40
      Designations we had were the historic conservation districts, Martha Jeff first, then Woollen Mills and Rugby Road.
    • 00:40:48
      A community, a neighborhood can propose those.
    • 00:40:53
      It would take overwhelming community support, I think, for council to consider, I think even for staff to consider taking it to council.
    • 00:41:06
      They are not
    • 00:41:09
      there not to be.
    • 00:41:10
      I guess don't, it's not a panacea and I think council is very careful about, given the last time they reviewed one there was a lot of contention about I think particularly Woolenmills.
    • 00:41:23
      So it would take overwhelming support from the neighborhood.
    • 00:41:27
      They'd have to contact me.
    • 00:41:28
      Then it would take a
    • 00:41:30
      zoning text amendment, zoning map amendment, all the things necessary.
    • 00:41:34
      So to do ADC district or individual IPPs or a larger historic conservation district.
    • 00:41:43
      and I would just caution that the overlay does not change the underlying zoning.
    • 00:41:48
      So, you know, it's you all, the Board of Architectural Review gets a certain amount of purview, but you can't, an overlay doesn't suddenly say you can't do something here if it's permitted by zoning.
    • 00:42:01
      And then, so that's what I would offer given that area's already on the National Register.
    • 00:42:08
      Sorry, a little meandering there, but it's.
    • James Zehmer
    • 00:42:09
      No, I think you answered his question.
    • 00:42:11
      I think what he's referring to is a historic conservation district that we had talked about the difference between sort of the levels of review between those two and then take it the second question was really sort of is there a way to list an IPP which is a good segue into our first
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:42:28
      I think there's additional IPPs in Fifeville.
    • 00:42:34
      I'm not sure if that house on 5th Street is one.
    • 00:42:37
      I know there's several there, but I can't speak for the Fifeville process, but my understanding is that when that survey was done and the National Register District was discussed, I don't know why local designation wasn't pursued, but I imagine it came up.
    • James Zehmer
    • 00:42:57
      Well, I think his question was if someone wanted to pursue creating an IPP for a property, they can do that.
    • 00:43:05
      There's an avenue to do it.
    • 00:43:07
      We have one on our agenda tonight.
    • 00:43:09
      And I think, I guess a question would be, for me would be, does the owner have to be the person?
    • 00:43:15
      I would assume so.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:43:15
      We won't consider it.
    • 00:43:18
      As I said, I won't consider an IPP unless it comes from the owner.
    • 00:43:23
      We had a small conservation district proposed a couple years ago and it's somewhat still pending, the CH Brown AC District up on 12th and Rosser.
    • 00:43:34
      It's only six buildings, although one is already in IPP, but where we were is I needed to hear from the five other property owners that they supported this.
    • 00:43:45
      I mean, unambiguously supported that designation and that hasn't occurred, so I can't move that forward.
    • SPEAKER_02
    • 00:43:51
      Didn't we also have a potential IPP in the Greenbrier District?
    • 00:43:54
      I can't remember the street.
    • 00:43:56
      It was like mid-century?
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:43:58
      It was recently listed on the National Register.
    • 00:44:01
      Oh, National Register, thank you.
    • 00:44:04
      That has not been brought forward.
    • 00:44:06
      Again, it would take the owner, just like we have tonight with 801 West Street.
    • James Zehmer
    • 00:44:13
      So I hope that we answered your questions, Mr. Snyder.
    • 00:44:17
      I think that if you want to pursue either of those avenues, I'd recommend you talk to the city staff in the Historic Preservation Office at Neighborhood Development Services, namely Mr. Werner and Mr. Richardson.
    • 00:44:30
      So thanks again for calling in.
    • 00:44:31
      Appreciate it.
    • 00:44:33
      All right.
    • 00:44:37
      Consent agenda.
    • 00:44:38
      Like I said, let me check real quick.
    • 00:44:40
      Any other matters from the public?
    • 00:44:41
      Anybody else online?
    • SPEAKER_11
    • 00:44:44
      I believe Mr. Snyder might have a follow-up question, but he didn't use his three minutes.
    • James Zehmer
    • 00:44:50
      Go ahead.
    • 00:44:51
      Yeah, we've got a light agenda.
    • 00:44:54
      Mr. Snyder, are you still there?
    • SPEAKER_07
    • 00:44:58
      So I'm still here.
    • 00:44:59
      Thank you so much.
    • 00:45:01
      We found it very helpful when you all mentioned that one of your members mentioned last time this other
    • 00:45:06
      variety of conservation district.
    • 00:45:08
      I think with all the concern going on about Fifeville, 10th and Page and the planning staff is looking at engaging with those
    • 00:45:17
      My sense is that there was concern about something that was so detailed and restrictive as the architectural version.
    • 00:45:27
      When you go to the GIS and you look at the historic districts in the city, here are two large areas that don't show up on that map.
    • 00:45:33
      That's nobody's fault, but the idea of saying these are important and these could be a conservation district.
    • 00:45:40
      I know in Fairfax County this has been done for a minority neighborhood.
    • 00:45:45
      and Falls Church where I recently retired.
    • 00:45:49
      We did something similar, an overlay for the Tenner Hill District.
    • 00:45:54
      And so I think the recognition that could come from that for these two neighborhoods would certainly help make a statement that these are important areas, the collection of houses, some of them more important than others, means something and we should be careful when we do planning and other public improvements.
    • 00:46:11
      So that's really
    • 00:46:13
      I just thought it was very helpful to get that advice from you all.
    • 00:46:15
      So I wanted to thank you for that.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:46:17
      They have been recognized and I'm familiar with the designations in Fairfax and those are state and national registered designations.
    • 00:46:25
      The question really is,
    • 00:46:26
      a local designation.
    • 00:46:28
      And that's a step for the state and the state.
    • 00:46:33
      And the same thing with 10th and Page neighborhood, which we surveyed in 2021.
    • 00:46:36
      The 456 properties we looked at, very large, I think 90 acres eligible for the national register as a historic district.
    • 00:46:49
      Rose Hill we surveyed in 2018 eligible for the national register.
    • 00:46:55
      Fifeville,
    • 00:46:56
      of course is on the National Register and Starr Hill, we even had evaluated in 2016 I believe that was, the section was eligible for listing on the National Register.
    • 00:47:05
      But once that occurs it really, it has to come from the neighborhood.
    • 00:47:11
      It's a lot of work and the state and if the state review board approves the designation and it takes, it's not free.
    • 00:47:21
      You have to prepare a nomination and for example,
    • 00:47:26
      Little High neighborhood.
    • 00:47:28
      We surveyed in 2019 a small district, but to prepare to go forward and prepare the National Register nomination was around $10,000.
    • 00:47:39
      So it's not
    • 00:47:44
      It's not something we just put together.
    • 00:47:47
      It's a significant amount of work and like I said, the state won't consider it unless there is significant neighborhood support.
    • 00:47:55
      And then following the state, if it decides to list something on the state register,
    • 00:48:00
      and automatically it goes to the feds for the national register so it's not it's something we send a letter and say we support it or we paid to have the survey done but we don't have a role in it then again to do a local district doesn't require a national register nomination but we have done the survey so we know that at least that helps with the argument.
    • 00:48:24
      I need to give a class on this.
    • SPEAKER_07
    • 00:48:25
      We'd just like to know how to begin that process for the conservation district, the historic designation light for the city.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:48:32
      Talk to Carmelita and take it through the neighborhood association.
    • 00:48:35
      Would you be our primary contact?
    • 00:48:41
      Possibly.
    • SPEAKER_07
    • 00:48:45
      I think there's real interest.
    • 00:48:46
      That's why I'm asking.
    • 00:48:47
      We have to get started.
    • 00:48:50
      There is a lot of discussion, so I want to just ask that question.
    • 00:48:54
      I don't know if there's a forum you fill out or how you begin, but that's the question.
    • 00:48:59
      How would you start?
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:49:02
      Okay.
    • 00:49:02
      I've got, yeah, I'll share.
    • 00:49:04
      Hey Jim, I'll follow up.
    • James Zehmer
    • 00:49:06
      We have stuff I could share.
    • 00:49:08
      Yeah, tonight's not the night to kind of hash all that out, but I think there are resources available.
    • 00:49:13
      at the city level.
    • 00:49:15
      And they can at least point you in the right direction.
    • 00:49:17
      It sounds like it does need to kind of be grassroots up from the neighborhood.
    • 00:49:23
      But it's not impossible, right?
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:49:26
      It's not something I'm going to get to in the next two months.
    • James Zehmer
    • 00:49:29
      Ferri can say that.
    • 00:49:31
      Yeah.
    • 00:49:31
      Thank you for calling in.
    • 00:49:33
      All right.
    • 00:49:34
      And so we still are, yep, we're still in the matters for public, not on the agenda.
    • 00:49:39
      Anybody?
    • 00:49:40
      Ms. Keller, would you like to come up and speak, please?
    • SPEAKER_01
    • 00:49:45
      Genevieve Keller, I live on First Street North in the historic district and I missed because I entered when you were on the speakerphone I'm not exactly sure what you were talking about but I wanted to be transparent that last evening I attended City Council meeting and there was much discussion or at least introduction of a topic of
    • 00:50:14
      Architectural review, control for what they call in core neighborhoods, the RNA neighborhoods, and discussion and some understanding and some misunderstanding among those attending the meeting.
    • 00:50:27
      I did make some comments and supported using a conservation district, which I thought would be more appropriate.
    • 00:50:33
      And I think if that were to proceed, that it would need to be handled in a different and more sensitive manner.
    • 00:50:41
      although still meeting the state requirements for a historic district, of course.
    • 00:50:46
      So I just wanted to be transparent that I spoke about it and there was much discussion about it last night.
    • 00:50:51
      And it is something that Preservation Piedmont consistently recommended through at least the code revision and possibly in the comp plan.
    • 00:51:01
      I'd have to go back and look at our correspondence.
    • 00:51:04
      We saw that that was possibly one of the parts of a solution for what they were
    • 00:51:09
      initially calling sensitive neighborhoods.
    • 00:51:12
      And then the second thing is just general information.
    • 00:51:15
      Since Jeff was talking about national register nominations, there's a bill that's being introduced in the General Assembly this session that would reduce the notification requirements for national register nominations.
    • 00:51:30
      And I don't know if you're aware of that or if Jeff's aware of it.
    • 00:51:32
      It might be something.
    • 00:51:33
      It's not something immediately.
    • 00:51:36
      of interest to the city, but down the pike it might be.
    • 00:51:40
      Because what it's doing is removing the requirement that adjacent owners be notified by mail of a pending National Register nomination.
    • 00:51:52
      And DHR is supporting that.
    • 00:51:55
      One, it will make the notification requirements much less onerous for them, and therefore also for jurisdictions like Charlottesville.
    • 00:52:03
      And it sort of contributes to a misunderstanding now because
    • 00:52:06
      There's no role for adjacent property owners to play when something is nominated to the National Register.
    • 00:52:15
      Of course, it would be if they were in a district, but not if they're just next door.
    • 00:52:18
      For example, where I live on North First Street across the street from the Charlottesville Towers, if I weren't already contributing in a district and I wanted to nominate my house or something else, we'd have hundreds of people that had to be notified because of the numbers of residents.
    • 00:52:34
      and property owners.
    • 00:52:35
      So it's just something that would streamline the process.
    • 00:52:38
      It also will create a better understanding because people get notified, and then they think they have some role.
    • 00:52:43
      They don't have any role.
    • 00:52:45
      And if it were to go to court, they wouldn't have any standing.
    • 00:52:48
      So it might be something that the department would want to send a letter saying, we're in support of this.
    • 00:52:54
      Thank you.
    • James Zehmer
    • 00:52:56
      Thanks for letting us know about that.
    • 00:52:58
      We appreciate it.
    • 00:53:06
      And okay, I think we're done with matters from the public.
    • 00:53:10
      We'll move along to the consent agenda this evening.
    • 00:53:13
      One item is the minutes from the December 16th, 2025 BAR meeting.
    • SPEAKER_02
    • 00:53:19
      Move to approve the consent agenda consisting of the minutes of our meeting from December of 2025.
    • 00:53:24
      Second.
    • James Zehmer
    • 00:53:25
      Second.
    • 00:53:27
      All right, any discussion?
    • 00:53:31
      All in favor?
    • 00:53:32
      Aye.
    • 00:53:33
      Any opposed?
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 00:53:34
      I abstain because I wasn't here.
    • James Zehmer
    • 00:53:36
      Thank you, Mr. Schwartz.
    • 00:53:38
      All right, the motion carries.
    • 00:53:41
      We don't have any deferred items and our first new item
    • 00:53:46
      is a recommendation to City Council for an IPP or Individually Protected Property designation of 801 West Street.
    • 00:53:57
      Mr. Werner, do you have a staff report?
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:53:59
      I had that on the consent agenda.
    • 00:54:01
      Did we move?
    • James Zehmer
    • 00:54:02
      Well, it's listed on our new items.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:54:03
      But it's fine.
    • 00:54:04
      It's fine.
    • 00:54:04
      It's good.
    • James Zehmer
    • 00:54:05
      Then we can discuss it.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:54:06
      It was on version 11B that didn't get off my desk.
    • 00:54:11
      It's all right.
    • 00:54:12
      Kate, do you want to?
    • SPEAKER_02
    • 00:54:13
      I had the original agenda that was sent out by Kate, whatever, last week, and it's not on the consent agenda.
    • 00:54:19
      That's fine.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:54:19
      I mean, it's fine.
    • 00:54:20
      It's fine.
    • SPEAKER_11
    • 00:54:22
      Our conversation must have taken a loop.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:54:25
      Yes, yeah.
    • SPEAKER_11
    • 00:54:27
      I think then we decided no.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:54:28
      It's on our new agenda.
    • 00:54:30
      Let's go.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:54:30
      So, well, I was just offering Kay if you wished to, but this is a, did you want to talk about, so Kate worked on this and that's why I'm sort of giving her, but I don't want to put you on the spot.
    • James Zehmer
    • 00:54:45
      We don't have a full staff report because you thought it was on consent.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:54:48
      No, you do have a staff report.
    • 00:54:50
      I just don't have, I'm not.
    • James Zehmer
    • 00:54:53
      Queued up.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:54:54
      Yeah, I'm not queued up and Kate worked on the staff report, so I was going to put her on the spot and see if she wanted to,
    • SPEAKER_11
    • 00:55:01
      So yeah, so pretty straightforward in that this is the first steps of recommendation for this house at 801 West Street being listed as an individually protected property.
    • 00:55:14
      It has already, the initiation of planning commission occurred in December and so the next step is that you all would review and then determine if you would recommend this for listing.
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:55:31
      And the recommendation goes to... Just assume that was obvious.
    • SPEAKER_11
    • 00:55:40
      So yes, so the next steps then is that you all would have your recommendation go along to Planning Commission and then to City Council in the coming months depending on when it's placed on the agendas.
    • 00:55:55
      there's a community meeting that would be held as part of the public notice process and so we would coordinate that.
    • 00:56:04
      The city is actually acting as the applicant in this situation and that is just so that we're kind of streamlining that process for the applicant and there's no fee involved because the zoning map amendment and zoning text amendments are actually permitted applications within our system.
    • SPEAKER_02
    • 00:56:28
      And I wondered if Ms. Richardson could just kind of summarize or address the emails that were exchanged this week just about further work that was done on the property that are not represented in the photos and the description.
    • SPEAKER_11
    • 00:56:46
      Right, so originally, this house is constructed in 1905-ish.
    • 00:56:51
      Sorry, I'm scrolling through.
    • 00:56:53
      I didn't do a full presentation on this since, which I probably should have.
    • 00:56:58
      But so originally in 1905, there was later in 1913, a dependency or garage in the rear of the property that was demolished sometime prior to the 60s, the early 60s.
    • 00:57:12
      And then in this, let's see.
    • 00:57:15
      These photographs, there has been some alteration of enclosing of this porch area, which I believe Mr. Schwartz provided some documentation yesterday for us.
    • 00:57:28
      These images are from the Virginia Department of Historic Resources survey in 2020 or 2021, I believe.
    • 00:57:36
      So in our efforts we would document the known changes and the sequence as best we could But as far as what is there I mean there already have been some modifications in the 20th century the addition of stucco And then also replacement windows, so we would put that into our full summary of the structure Is the widow's walk original?
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:58:01
      To the house?
    • 00:58:03
      To our knowledge, yes.
    • SPEAKER_02
    • 00:58:06
      Is there roof access up there?
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:58:08
      I don't know.
    • 00:58:09
      I don't know if that's a decorative feature or not.
    • 00:58:14
      So the story on the house, the gentleman built it for him and his family was a, I don't want to say, I can't say well-known or regarded, but he was a known builder and craftsman.
    • 00:58:25
      And when you see the photographs of the interior, you certainly see the attention to detail.
    • 00:58:31
      and interestingly about this house is that this was this section of 10th and Page that northwest or northeast corner was originally the white section of 10th and Page and you saw the you see the ownership changing over in the 30s and 40s and that's when Mr. Hunt's family
    • 00:58:53
      who's contacted us, they acquired the home and they've lived in it and owned it ever since.
    • 00:58:59
      So it's really an interesting, and the consultant identified it as one of the older homes in 10th and Page, and it certainly is, but I just do want to be clear there are we think several 1880 era homes down near
    • 00:59:15
      the old Cox's Row that were associated with the railroad.
    • 00:59:18
      But it is one of the older homes and to the best that we can determine, it's in pretty good condition from when it was constructed.
    • SPEAKER_14
    • 00:59:32
      What was the original sighting before the startup?
    • Jeff WernerHistoric Preservation & Design Planner
    • 00:59:36
      We assume, as with a lot of houses, that it was siding.
    • 00:59:42
      Stucco in Charlottesville, being a Baltimore guy, it's sort of like the aluminum siding that we saw all over Baltimore in the 50s.
    • 00:59:52
      But stucco was a thing that was sort of added in the early 20th century to a lot of homes around here, to the extent that it's almost become
    • 01:00:04
      That is the siding of the house, but presumably it was a wood siding and it's probably still there.
    • SPEAKER_02
    • 01:00:14
      What are the oldest photos that we have of, does the owner have any early photos?
    • SPEAKER_11
    • 01:00:20
      So yes, I'm on the hunt for that.
    • 01:00:23
      Mr. Hunt, who is online, he shared the interior photographs that you see and some additional ones, but this might be a good question for him.
    • 01:00:32
      But we are looking through our archives.
    • 01:00:35
      I have actually 10th and Page survey photographs from like the 70s and 80s, so I haven't found, they haven't surfaced yet, but.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:00:43
      Yeah, I think anything we have wouldn't go back further than the 70s, at least here in NDS.
    • SPEAKER_08
    • 01:00:54
      Folks, I unmuted myself.
    • 01:00:55
      Are you interested in hearing from the peanut cowards?
    • James Zehmer
    • 01:01:00
      So yeah, I guess this is... Mr. Hunt?
    • 01:01:04
      Yes, so he's the applicant, so yeah, he can... Just if I can clarify something.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:01:09
      So the zoning text amendment, zoning map amendments, there are...
    • 01:01:15
      get in the weeds of the process.
    • 01:01:17
      But the best way to do something like this is to ask the Planning Commission to initiate it.
    • 01:01:24
      And that then takes some of the burden off of the applicant for something like this.
    • 01:01:29
      So Mr. Hunt approached me.
    • 01:01:32
      I think sometime last summer with the idea and we've been talking about it.
    • 01:01:37
      And so yes, he is officially the requester of this, but in this sort of on the paperwork that was initiated by the Planning Commission.
    • 01:01:48
      But you can call him the applicant.
    • James Zehmer
    • 01:01:49
      But in terms of our procedure in our meeting, now is the time when the applicant or
    • 01:01:57
      I think that person would like to present or speak about the project.
    • 01:02:01
      Sure.
    • 01:02:01
      Mr. Hunt, would you like to speak about your project, please, or the desire to list this as an IPP?
    • 01:02:09
      Sure.
    • SPEAKER_08
    • 01:02:09
      And you can call me the applicant because I've been called far worse.
    • 01:02:14
      Thank you everybody, the board and especially Jeff Werner, who I just laid eyes on tonight for the first time is a handsome devil.
    • 01:02:27
      I am a son of Charlottesville.
    • 01:02:30
      I was born in University Hospital.
    • 01:02:32
      My grandparents are from Charlottesville.
    • 01:02:35
      My grandmother, Maud Fleming, taught at Jefferson School for 40 years.
    • 01:02:40
      My great-great-great-great-grandfather, you might know,
    • 01:02:44
      Henry Martin, the bell ringer at UVA.
    • 01:02:49
      If you prick me, I bleed Charlottesville.
    • 01:02:52
      And much of my heart and soul and a whole lot of my money has gone into preserving the home that my grandparents purchased during the war.
    • 01:03:03
      And it stands there because I love Charlottesville because it's a monument to them and to my mother who passed it down to me.
    • 01:03:10
      And I want to make sure that it's there
    • 01:03:13
      for as long as it's standing and as an example to the community of the respect that the city would confer on the people of 10th and Page for the things that we went through, for the things that we've developed, to our contributions to the city's culture, to our contributions to the city's economy.
    • 01:03:35
      And by the way, it's a beautiful house.
    • 01:03:38
      And one of these days, I hope you will all come by and take a look.
    • 01:03:43
      I do, to answer a previous question, have a photograph, I think, of my grandfather holding me when I was two years old in front of that house and it looks exactly like it does now, which answers the question in part about when the stucco was on.
    • 01:04:00
      It's been there as long as I've been here and that makes it about 69 years and counting.
    • James Zehmer
    • 01:04:09
      Excellent.
    • 01:04:10
      Thank you so much.
    • 01:04:11
      for your summary and your passion for the project for sure shows through.
    • 01:04:18
      I guess are there any questions from the public?
    • 01:04:24
      Anybody online?
    • 01:04:29
      Nope, okay.
    • 01:04:30
      Any questions from the BAR?
    • 01:04:34
      Any comments from the public?
    • SPEAKER_11
    • 01:04:37
      Yes, there is someone online.
    • 01:04:38
      Mr. Schneider, again, has a question or comment.
    • James Zehmer
    • 01:04:45
      Mr. Schneider, do you hear us?
    • SPEAKER_07
    • 01:04:47
      Yes, I do, and I'm seeing the picture of Mr. Hunt.
    • 01:04:50
      I just want to congratulate him.
    • 01:04:51
      It's a beautiful house.
    • 01:04:53
      Your family's been a great steward of it, and it's houses like this that are kept up by the families that have been there that make the community so I think
    • 01:05:04
      That whole neighborhood could use your help if we can help preserve it and help it be enhanced and survive all the development that's going on around it.
    • 01:05:14
      So I'd love to meet you.
    • 01:05:17
      I live in an older neighborhood and I appreciate older homes.
    • 01:05:20
      So just congratulations, beautiful place.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:05:25
      If I just, I guess as a public person speaking on this, I will share.
    • 01:05:30
      Mr. Hunt and I have communicated back and forth an email.
    • 01:05:34
      We talked on the phone.
    • 01:05:36
      We talked a lot recently.
    • 01:05:37
      He's had some email issues that hopefully we've resolved.
    • 01:05:42
      But the back story of these places is what's always so amazing to me about Charlottesville and the connections that exist
    • 01:05:52
      This is a small town and when you piece together the names, I knew the story of Mr. Hunt's mom.
    • 01:06:00
      I did not know the story of the connection to Mr. Martin and I see these stories woven through this
    • 01:06:10
      Quilt.
    • 01:06:28
      Look at a name and then see, for example, when we were looking at the Carver Inn, the woman that worked there, and the other things that she did within this community.
    • 01:06:38
      And it really is just, I just continue to marvel.
    • 01:06:43
      that we have these stories and I wish we had a way to tell them all and then show all those connections.
    • 01:06:52
      So I just say from where I, the job I get to do every day is very much a privilege to be part of these things and part of these stories, the stories of the two houses in Fifeville that we recently talked about and I applaud Mr. Hunt.
    • 01:07:08
      We even have a Baltimore connection, so we had a good chat about that, but I think the sincerity and concern for this family property is just incredible and I tip my hat to them.
    • James Zehmer
    • 01:07:23
      Thank you.
    • 01:07:26
      Comments from the BEAR?
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:07:32
      Although I do have one comment.
    • 01:07:35
      I mean, we've got the item association of the building structure site with historic person or event.
    • 01:07:41
      Is there a way to add this?
    • 01:07:43
      Yeah, and will even, you know, Mr. Hunt's mother working at Jefferson School.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:07:48
      I think as this moves forward, I mean, I gave it as much
    • 01:07:54
      and I was able to piece together from the census and from the directory some information but I certainly think there are some, the evolution of this story we can work on as it moves forward to the Planning Commission and City Council.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:08:09
      Just sort of, you know, there's some future owner 50 years from now and they want to do something, you've got your
    • 01:08:15
      The text is there for that.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:08:18
      Sorry, but that's actually one of the, if Kate and I didn't sleep or eat and could
    • 01:08:25
      you know accomplish a thousand things.
    • 01:08:28
      One of them is to have within the GIS layer the ability to show sites in this town that are associated with these stories such that yes in the future when someone you know it may not be a designated property but we can at least connect that story to it that someone may not otherwise know.
    • 01:08:50
      So wish us luck.
    • SPEAKER_03
    • 01:08:53
      A quick question, so if this gets designated, I believe that it will, does it mean that it is preserved as it currently stands?
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:09:02
      All that means is that it's like my house.
    • 01:09:07
      It's not a bell jar.
    • 01:09:09
      It's like any other house in a historic district.
    • 01:09:11
      Alterations to the exterior would require BAR review, new construction, demolition.
    • SPEAKER_03
    • 01:09:18
      But this is the starting line.
    • 01:09:20
      This is the base.
    • 01:09:21
      Within a district already, right?
    • 01:09:22
      No.
    • 01:09:23
      No.
    • 01:09:23
      Because 10th and Page is just serving.
    • James Zehmer
    • 01:09:27
      Right.
    • 01:09:29
      This is the baseline from which any modifications were made.
    • 01:09:34
      Mr. Hunt, I might be mistaken, but I think you and I worked together at a celebration at the EVA Chapel to re-ring the bell that we had restored there.
    • 01:09:44
      So if I'm correct, pleasure to see you again.
    • SPEAKER_08
    • 01:09:48
      Wow, well that's awesome.
    • 01:09:51
      Pleasure to see you again.
    • 01:09:53
      I'm glad you were there.
    • 01:09:54
      You can testify that I'm telling the truth and the whole truth and nothing but it.
    • 01:09:58
      That's right, that's right.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:09:59
      As long as James didn't dance.
    • SPEAKER_02
    • 01:10:01
      No, not that day.
    • James Zehmer
    • 01:10:05
      Not that day.
    • 01:10:05
      All right, yeah, no, I think, Carl, your point's well taken that potentially a historic person associated, at least at the local level, would be a prominent educator.
    • SPEAKER_02
    • 01:10:15
      At least Ms. Fleming, who actually lived in the house.
    • 01:10:17
      That's what I'm saying.
    • 01:10:18
      We're not sure what Mr. Martin did.
    • 01:10:20
      No, that's who I was referring to.
    • James Zehmer
    • 01:10:23
      For sure.
    • 01:10:24
      Local prominent educator, Maud Fleming, lived in this house also.
    • 01:10:29
      Do we hear a motion?
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:10:33
      Having considered the criteria for designation of individually protected properties per city code chapter 34 section 2.9.3, I move the B error recommend that city council approve the request to designate 801 West Street, parcel 31-42, as an individually protected property and just request that staff supplement the record of this with current photos and the history of who's lived there.
    • James Zehmer
    • 01:11:05
      and perhaps documentation of recent modifications.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:11:11
      Richard just put his picture up there.
    • 01:11:13
      He did.
    • James Zehmer
    • 01:11:14
      That's the Richard Hunter remember meeting.
    • 01:11:18
      Do I hear a second?
    • SPEAKER_02
    • 01:11:19
      Second.
    • James Zehmer
    • 01:11:20
      Mr. Schwartz?
    • 01:11:23
      Yes.
    • 01:11:24
      Mr. Bailey?
    • 01:11:25
      Yes.
    • 01:11:25
      Mr. Burrow?
    • 01:11:26
      Aye.
    • 01:11:27
      Ms. Lewis?
    • 01:11:28
      Aye.
    • 01:11:28
      Mr. Rosenthal?
    • 01:11:29
      Yes.
    • 01:11:29
      Ms. Taberney?
    • 01:11:30
      Yes.
    • 01:11:31
      And I vote yes.
    • 01:11:33
      Thank you very much.
    • 01:11:33
      We hope it succeeds in approval.
    • 01:11:38
      We would support approval by City Council listing this property as an IPP.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:11:44
      Thank you very much.
    • 01:11:44
      And the next step is we have to do the zoning map amendment.
    • 01:11:50
      Zoning amendments like this require a public meeting typically because you're changing what
    • 01:11:58
      the allowed use.
    • 01:12:00
      While this is just the overlay going on, you still have to do that.
    • 01:12:04
      So K-9 will work on that.
    • 01:12:05
      Once that's taken care of, I'll proceed with this going to the Planning Commission and the City Council.
    • 01:12:10
      So hopefully that's in March.
    • 01:12:15
      Okay, next up is a... That's my part.
    • 01:12:21
      Make sure I'm...
    • James Zehmer
    • 01:12:23
      Next up we've got Section E, Other Business, preliminary discussion for 705 St. Charles Street.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:12:33
      Mr. Warner, thank you.
    • 01:12:38
      In the staff report, if you all, there's a map and you'll see that there's a portion of where this site is located.
    • 01:12:51
      It's at the rear of a lot.
    • 01:12:53
      on Lexington Avenue.
    • 01:12:55
      As most of you know, when something's in the back of a conservation district lot, we typically don't look at it, can't see it from the road in the district in front of the property.
    • 01:13:08
      A new parcel was created that now fronts on St. Charles.
    • 01:13:13
      St. Charles, you clearly can see there's a two block section that is not included in the district.
    • 01:13:19
      So this new lot is fronting on St. Charles.
    • 01:13:22
      It's part of that.
    • 01:13:24
      if you will, non-designated section of the Martha Jefferson neighborhood.
    • 01:13:29
      However, when a parcel is subdivided, it doesn't change the overlay unless the applicant, unless they had come and requested that the boundary be shifted, but the subdivision doesn't change the overlay of the conservation district.
    • 01:13:43
      So, as I expressed in the staff report, one, if this had been
    • 01:13:49
      an outbuilding on the back of 710 Lexington.
    • 01:13:51
      I probably would have reviewed it with the chair.
    • 01:13:55
      It depends, you know.
    • 01:13:57
      If it wasn't visible from Lexington, I may not even, you know, have asked to review it.
    • 01:14:04
      However, now it is a separate parcel visible from the right-of-way.
    • 01:14:09
      So I
    • 01:14:11
      And I don't think you all can answer how to handle it, but as far as the code reads, then you all have to review it.
    • 01:14:21
      The good part is that you get to determine the extent to which you look at things, and in a conservation district, as we talked about in the pre-meeting, it's a much lighter touch.
    • 01:14:32
      The reason I'm bringing this to you is the design is, I think I say in the staff report as politely as I can, it's not
    • 01:14:48
      I know what the intent of the design is.
    • 01:14:50
      My issue with what you have here is it's vinyl and PVC material, which while we do not specifically say, in an ADC district, that's simply not recommended, almost to the point I'd say not allowed.
    • 01:15:06
      In a conservation district, the guidance is to use materials that are typical.
    • 01:15:15
      and to use materials that are sustainable, permanent, etc.
    • 01:15:21
      I don't find vinyl or PVC material to meet that standard.
    • 01:15:28
      So on one side of the coin it could be given the
    • 01:15:33
      Given the circumstances of this site that it fronts on St. Charles, it joins a series of buildings that are not under your purview, they're not designated and won't be to my foreseeable future, is this something that
    • 01:16:00
      I feel strongly about the materials, but that would be for you all to decide.
    • 01:16:06
      And then I would then say, is there anything else about the design?
    • 01:16:11
      that you would like to point out so that we can communicate with the applicant out there that are here tonight.
    • 01:16:16
      The next piece of this, just one second, is that the design that you're looking at, there are some code issues that need to be resolved.
    • 01:16:23
      For example, the ordinance requires that garage be located 10 feet back from the facade.
    • 01:16:32
      I think even if they change where the garage is located or rearrange the elevations somewhat, we're still talking about this type of design and the materials involved.
    • 01:16:45
      So I thought it would be helpful for you all to have some input, even though we know this might change, to some guidance to the applicant.
    • 01:16:55
      Sorry, that's a lot to take in there, but before we get too far down the road,
    • 01:17:00
      and this is one reason it came in as a zero St. Charles which is not something that's in a district and it was
    • 01:17:13
      Once we put the pieces together and realize, wait, this is the back of that lot.
    • 01:17:16
      So that's why it's here.
    • 01:17:18
      So if you have questions for me, I know folks from the builder here.
    • James Zehmer
    • 01:17:23
      Quick question would be, potentially, if it looks like the lot next door to this also extends all the way back.
    • 01:17:30
      Correct.
    • 01:17:31
      And so potentially we could see this again if that back portion of that lot also were to be developed.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:17:36
      Correct.
    • 01:17:37
      And so that's where I would say is that it's a,
    • 01:17:40
      If you wish to treat this differently, and I think the circumstances allow it.
    • 01:17:46
      to be very clear, you know, where that line was.
    • 01:17:51
      Um, and I think part of that being that the intent when the district was established was the houses on Lexington, those, and it's, and so, but they just, when they drew the district, they just traced the parcel boundaries.
    • James Zehmer
    • 01:18:03
      Correct.
    • 01:18:03
      So another question might be, what would it take to, um, amend the district boundary if the parcel, I guess the parcel would need to be split.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:18:12
      It would be the reverse of what we just discussed with Mr. Hunt.
    • SPEAKER_10
    • 01:18:17
      Would you have to get like overwhelming community support for that change?
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:18:27
      No, that's the district.
    • 01:18:28
      This would just be for
    • 01:18:31
      It would come to you as a recommendation of to remove it or not, to change the boundary.
    • 01:18:39
      And then it would go to the Planning Commission, and then it would go to City Council.
    • 01:18:44
      It would certainly be publicly noticed, just like with the IPP.
    • 01:18:49
      So folks could come in and say, no, we don't think you should remove that.
    • 01:18:53
      But I think it's one where, as an individual parcel,
    • 01:18:59
      I think Planning Commission and Council would look at it from that perspective.
    • 01:19:06
      But you're correct.
    • 01:19:06
      If the overlay were moved, just like the IPPs on 7th Street, you wouldn't be looking at anything over there.
    • SPEAKER_10
    • 01:19:17
      Sure.
    • 01:19:17
      All right.
    • 01:19:17
      One more question for our staff.
    • 01:19:19
      Do we have a street view?
    • 01:19:21
      I'm sorry, I don't have the pattern from Lexington.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:19:25
      We can look one up, yes.
    • 01:19:27
      It's an empty lot, and on the adjacent houses are... She was asking if we have the street view from Lexington.
    • 01:19:35
      From Lexington, specifically.
    • James Zehmer
    • 01:19:38
      Google Map.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:19:41
      I'm sorry, I did include the images of some of the houses up there, I thought.
    • 01:19:46
      But that's okay, you can go to the street view.
    • 01:19:48
      I think she's concerned about Saint Charles.
    • James Zehmer
    • 01:19:52
      Is your main concern like what are the sight lines from Lexington Avenue?
    • SPEAKER_10
    • 01:19:56
      Yeah, exactly.
    • James Zehmer
    • 01:19:57
      I think it's a valid question.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:20:02
      I have a staff question.
    • 01:20:07
      I mean it's related to this one and it's more of a general question about these types of lots.
    • 01:20:12
      You said that if it was a building in the back of 710 Lexington, you'd administratively review it or review with the chair.
    • 01:20:21
      Are we not considering, like the zoning code considers a lot to have two fronts if it is like this.
    • 01:20:28
      Do we not
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:20:29
      And I know the question you're asking.
    • 01:20:32
      So this is where, first off, I don't know what I've done because that's not the situation before us.
    • 01:20:40
      The ordinance is written as anything visible from a right of way.
    • 01:20:45
      I understand that in the strict rigid sense.
    • 01:20:50
      You could almost, you know, and I
    • 01:20:54
      I know people that have said, well, if I stand here and look through it and that tree's not there, I can see something two blocks away.
    • 01:21:03
      My judgment is this is a non-historic section of the district.
    • 01:21:11
      It's non-designated.
    • 01:21:12
      It's not part of the district.
    • 01:21:19
      I'm familiar, I wasn't with the city at the time, but I'm familiar with when this district was created and I know what some of the intent was with and it was to have a very light touch and I have difficulty from Lexington and the buildings are on that
    • 01:21:44
      and then going down to St. Charles, which is not in the district, and saying, oh, well, because I didn't.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:21:51
      So that's my opinion.
    • 01:21:51
      So the answer is that it's a case by case.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:21:53
      Case by case.
    • 01:21:55
      That was kind of where I was.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:21:56
      Yeah.
    • 01:21:57
      So like the next lot over, obviously, would be a similar sort of.
    • 01:22:00
      Right.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:22:00
      Correct.
    • 01:22:01
      And you're actually going to see that, well, sorry, the front one you'll see in a month.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:22:06
      The FC lot on Lexington.
    • 01:22:08
      Oh, interesting.
    • 01:22:10
      Because I think this happened on Kelly.
    • 01:22:12
      I think there was some back garage that we talked about.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:22:15
      So I treated Kelly somewhat differently because the outbuildings visible from Kelly are all contributing.
    • 01:22:24
      And so it changes things a little bit.
    • 01:22:28
      I was just curious if there was a.
    • 01:22:33
      And I'm open to disagreement on interpretation.
    • SPEAKER_14
    • 01:22:42
      Do we know how long ago they separated?
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:22:45
      Very recently.
    • 01:22:46
      And the folks here probably can tell you, this has all happened in the last six months, I think.
    • James Zehmer
    • 01:22:53
      So the parcel has been split.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:22:56
      It does exist and it has its own address now.
    • 01:22:59
      It is 705.
    • SPEAKER_11
    • 01:23:01
      Yeah, so it was in as zero because the address had not yet been assigned.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:23:07
      And we have zeros all over town, so it's interesting.
    • SPEAKER_04
    • 01:23:11
      Kate, can you take the street view at St. Charles too, please?
    • SPEAKER_10
    • 01:23:17
      That's where she started, but this CATEC asked for Lexington, so I wanted to... Don't go through stop signs.
    • 01:23:27
      So are our choices essentially we review this as within the control district or recommend that we get a boundary change for the district?
    • 01:23:39
      Is that the sort of essential...
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:23:41
      It's not before you yet as a formal application, but I think that there is room for some judgment and that the intent of the conservation districts allows for that flexibility.
    • 01:23:59
      And the fact that this is not that row.
    • 01:24:03
      And think about when you look at something changing
    • 01:24:06
      in a historic district, a conservation district like Lexington.
    • 01:24:09
      You're going down Lexington and looking at those buildings on either side, or you're going down Locust and you're focused on those elevations.
    • 01:24:16
      You don't look at the sides, you don't look at the rear.
    • 01:24:19
      And it's a little tricky here that you're sort of saying, well, this lot
    • 01:24:27
      and I think that you all are allowed some judgment because you could say, hey, I'm fine with it.
    • 01:24:34
      I'm going to review this.
    • 01:24:36
      I'm fine with this COA for the following reasons.
    • 01:24:39
      Or you can say, no, I want this to be a rigid application of design guidelines.
    • James Zehmer
    • 01:24:46
      But it's a historic conservation district, so it's got lesser guidelines to begin with.
    • SPEAKER_04
    • 01:24:55
      Any other questions for staff?
    • 01:24:58
      Was there a site plan?
    • 01:25:00
      I mean, I see the survey.
    • 01:25:03
      but it doesn't show kind of...
    • SPEAKER_02
    • 01:25:05
      It says building permit plan is what we got and I want to know why the driveway runs through the house.
    • SPEAKER_04
    • 01:25:11
      Well that's the existing town.
    • SPEAKER_02
    • 01:25:14
      It says proposed asphalt driveway.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:25:16
      So you have an application drawings, which were the drawings submitted for the building permit.
    • 01:25:23
      I took the elevations, all that, and put them on a sheet just to make them, so you weren't looking at framing plans and things like that.
    • 01:25:32
      And then there is what Miss Lewis just pointed to was a site plan, although it's more of a plan.
    • 01:25:39
      It doesn't show.
    • 01:25:40
      There's no landscaping.
    • SPEAKER_04
    • 01:25:43
      What I'm looking for is a context of setback, whereas this, if we go back to the street view, where.
    • SPEAKER_02
    • 01:25:51
      It's 21.9 according to this.
    • SPEAKER_04
    • 01:25:53
      Yeah, how does that relate to the houses next to it?
    • James Zehmer
    • 01:26:00
      Yeah, good question.
    • 01:26:01
      One of the.
    • 01:26:03
      that are outside the district.
    • 01:26:06
      They're outside the district.
    • SPEAKER_02
    • 01:26:12
      With the new zoning ordinance, let's be real about that.
    • 01:26:15
      The facts mostly are determined not by our guidelines, but by the new ordinance.
    • 01:26:21
      So this would be the first house on St. Charles probably that's built.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:26:25
      Yes, it would be.
    • 01:26:27
      And I think that they can, we could go, I don't want to get into the zoning on the setbacks.
    • 01:26:34
      Carl probably knows more about that than I do.
    • 01:26:37
      There's a process.
    • 01:26:37
      Yeah, I think what I'm primarily looking at is how rigidly you all want to look at this, and if so, then are the design materials compatible, or is this,
    • 01:26:54
      This is taken in the context of St. Charles.
    • James Zehmer
    • 01:27:01
      So this is just a preliminary discussion.
    • 01:27:02
      So we're not going to have any questions or comments from the public.
    • 01:27:06
      I guess the applicant, you all are here.
    • 01:27:08
      Do you want to speak to this, have a presentation at all, or do you just want to answer questions?
    • 01:27:12
      Up to you.
    • SPEAKER_00
    • 01:27:13
      Yeah, I think I can clarify some things.
    • 01:27:15
      I'm Bobby Green with NOLA Builds, 1304 East Market.
    • 01:27:21
      We'll be the contractor building this home pending approval.
    • 01:27:26
      The first thing we can clear up is it will not have vinyl siding.
    • 01:27:31
      It will have fiber cement, lap siding, and shake.
    • 01:27:35
      I've got samples of those if needed.
    • 01:27:39
      Dimensional shingles.
    • 01:27:42
      We won't be putting metal on the roof, but I think that's acceptable.
    • 01:27:46
      No vinyl rails on the porches as we black metal.
    • 01:27:51
      So that's one hurdle here.
    • 01:27:56
      Biggest thing, I believe, is the garage requirement.
    • 01:28:01
      So this is a unique lot with the location and the district, how it's more or less grandfathered into the Lexington property.
    • 01:28:10
      And for reference, that driveway on the plot is the construction driveway to the project on Lexington.
    • 01:28:18
      Thank you.
    • 01:28:20
      Yeah, so it's an overlay.
    • 01:28:21
      Got it.
    • 01:28:23
      The surrounding properties range from
    • 01:28:26
      Little over 20 years maybe to 50 years old from 800 square feet to probably 2,600 square feet.
    • 01:28:36
      The houses directly across it are similar style with the front gables.
    • 01:28:39
      I don't remember the siding type, I don't know if it's lap siding, I don't know if it's vinyl or hardy, but there's a mix of homes around it.
    • 01:28:49
      The setback requirement, we've squeezed every bit we can out of this home size for this lot.
    • 01:28:56
      Hoping for some kind of acceptance for the 10 foot rule with the garage.
    • 01:29:02
      I have a couple structural changes that we could implement.
    • 01:29:07
      It's a significant change to our CAD team, but we'll kind of see where that goes from there.
    • 01:29:17
      For surrounding property pictures, we have those, but you can get those on Google Earth as well.
    • 01:29:24
      What can we do to accept this home being that it'll be, I'd say, priced well above the surrounding properties, hoping their value, a lot of tax dollars to the city as well.
    • 01:29:43
      What can we do to accept, hopefully, the garage roll being set 10 feet back?
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:29:49
      Yes, so you all don't have any say in that.
    • 01:29:53
      My recommendation to the BAR is that you in a conservation district when you've looked at something
    • 01:30:03
      you can authorize me to approve it or authorize me to approve it with the chair's review or something.
    • 01:30:11
      If I was primarily concerned, does the design overall, and yes, you have, there are similar types of architecture visible in the district.
    • 01:30:23
      There are some things that are, it's not a pure example of it, but that's up for you to decide.
    • 01:30:29
      But I think that if you are okay with the design in concept,
    • 01:30:32
      whatever results with the garage relocation or being kept where it is.
    • 01:30:39
      But the fact that the materials would not be PVC or vinyl, that's fantastic.
    • 01:30:47
      So I think my question for you all would be, unless you have some questions or concerns about the design, consider allowing staff
    • 01:31:01
      The Design Review, at least, to OK it.
    • 01:31:04
      But otherwise, it would have to come back to you for a formal vote.
    • SPEAKER_14
    • 01:31:10
      Quick question.
    • 01:31:11
      How big is the lot?
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:31:15
      That's best.
    • 01:31:16
      If you look at the staff report, you get the idea of the second or third page of the staff report.
    • SPEAKER_07
    • 01:31:22
      It was in our materials.
    • 01:31:23
      The map.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:31:24
      You get a context of the.
    • SPEAKER_12
    • 01:31:26
      It is.
    • 01:31:26
      And one other consideration that we're working within was the current owner, who we're purchasing a lot from, put in a 30-foot new build easement on the back of the property to protect his lot.
    • 01:31:36
      And within that, we are allowed to plan screening.
    • 01:31:39
      And our intention with the landscape design is to provide for additional privacy, not only for him as a resident on Lexington, but also for the future owner on this project as well.
    • SPEAKER_02
    • 01:31:49
      Can I ask again what the shake siding is going to be with the material?
    • 01:31:52
      Because vinyl was specified in what we received.
    • SPEAKER_00
    • 01:31:54
      It's noted on the elevations there, but it will be fiber cement.
    • SPEAKER_02
    • 01:31:57
      Fiber cement.
    • 01:31:58
      OK, this says vinyl, if I can read it correctly.
    • 01:32:00
      That's why staff was worried about that.
    • SPEAKER_00
    • 01:32:02
      To be edited on the elevations.
    • SPEAKER_02
    • 01:32:03
      Thank you very much.
    • SPEAKER_04
    • 01:32:05
      I've got a question on the site plan that talks about a retaining wall at the front.
    • SPEAKER_00
    • 01:32:13
      Yeah, there's about five feet of, maybe four feet of fog from back to front on this property.
    • 01:32:20
      You can see it from Google Earth as well.
    • SPEAKER_12
    • 01:32:24
      Right now there's a temporary wooden, I think it's probably six by sixes that have been there for well past their easement shelf life that's holding that up.
    • 01:32:32
      And so installing something that aesthetically matches with the design of the homes is our intent and hope that we can do it.
    • SPEAKER_00
    • 01:32:40
      Yeah, it would be under four feet tall for the retaining wall.
    • 01:32:45
      And what would that be made of?
    • 01:32:46
      What's overgrown right there is a few feet tall.
    • SPEAKER_04
    • 01:32:50
      But that's going to be replaced with a new one?
    • SPEAKER_00
    • 01:32:52
      Replaced, yes.
    • SPEAKER_04
    • 01:32:52
      That would be the same stone as the veneer stone that you're using for the foundation?
    • SPEAKER_00
    • 01:32:57
      Probably, I would, we don't have a selection for that right now, but I would think something more of a landscape material for retaining wall block.
    • 01:33:06
      Something attractive, but we don't have a selection for it right now.
    • 01:33:10
      That way we keep the yard as flat as we can, ease the steps into the home on the front.
    • SPEAKER_04
    • 01:33:17
      And then the garage floor is sort of at a half level?
    • SPEAKER_00
    • 01:33:23
      Yeah, top of slab would,
    • 01:33:25
      Kind of be a split level between the basement and the first floor, subfloor.
    • SPEAKER_04
    • 01:33:30
      Gravel fill.
    • SPEAKER_00
    • 01:33:32
      Stone fill, yeah.
    • 01:33:33
      I would not be excavated just digging out the basement to grade or to subgrade.
    • James Zehmer
    • 01:33:50
      So any other, I guess, questions for the applicant?
    • SPEAKER_10
    • 01:33:55
      I have a question about the garage and not pertaining to code, but is it common, I guess, from, I don't know, I'm not super familiar with the street, is it common to have garages on
    • 01:34:17
      in the district or even on St. Charles, I wonder.
    • SPEAKER_12
    • 01:34:20
      It's a great question.
    • 01:34:21
      I mean, truthfully, as somebody who works in, I'm Jeff Matty, I'm a core real estate marketer, so I'm representing the investor in this project.
    • 01:34:27
      And so, as somebody who works in real estate, talks to buyers and sellers all the time, I mean, garages are not necessarily a common thing anywhere in the city, truthfully.
    • 01:34:37
      And people that are moving down from the north always kind of give me an interesting look when I try to explain that to them.
    • 01:34:43
      But, in new construction, you know,
    • 01:34:46
      Is it a necessity, like I could argue, for or against it truthfully?
    • 01:34:51
      Is there a contingency plan where we could convert that into a finished space with, you know, to meet parameters if that's what you all would prefer?
    • 01:34:56
      Or like a point?
    • 01:34:58
      Sure.
    • 01:34:59
      You know, I spoke with Ben, and I apologize, but thank you.
    • 01:35:03
      I spoke with him last week, and I played phone tag with Mr. Warner as well, but
    • 01:35:09
      and talking to him, you know, we could explore designing it as a cardboard where we extend the siding within that space and you still have sheltered parking.
    • 01:35:18
      So, you know, our goal in this discussion is to try to get the yes.
    • 01:35:23
      And what does that look like?
    • 01:35:26
      And to do it in a timely fashion, obviously.
    • 01:35:29
      We're working with a great builder here and the investor is
    • 01:35:34
      Funding this project is eager to get started.
    • 01:35:36
      So the hope is to work with you all to find an amicable agreement.
    • 01:35:40
      It is a unique circumstance because of the road that it's on.
    • 01:35:44
      It's something that kind of popped up in the 11th hour for us that we weren't planning for.
    • 01:35:48
      So the hope is that we can all look at it objectively and find a pathway.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:35:53
      My answer would be if this were up on Lexington or Locust, no.
    • 01:35:57
      There aren't, I mean, probably count on one hand the number of garages that are integral to a house, primarily to the side or to the rear.
    • 01:36:08
      But if this were up on Locust or Lexington, I would have said to the, in fact, the house next door we were going to be seeing in February, we've been working with them to
    • 01:36:17
      to dissipate the garage.
    • 01:36:22
      Here, I'm less concerned about it, but no, within the district, in fact, it's one of the characteristics within the district is that the garages do tend to be in the back or to the side.
    • 01:36:34
      I think in this location, not too concerned.
    • James Zehmer
    • 01:36:43
      So I guess my opinion is like,
    • 01:36:45
      At a certain level I'd love for this parcel to get carved out and kicked out of the conservation district so to speak, right?
    • 01:36:52
      Or removed from the conservation district just so that way it just frees up any sort of bureaucracy.
    • 01:37:01
      But I also just therefore I kind of feel like I would look at this in the context of St. Charles Street that's not in the district and not really in relation to Lexington Avenue.
    • SPEAKER_04
    • 01:37:13
      I mean, we can sort of critique the design, but that doesn't really make sense here.
    • 01:37:25
      The biggest issues for me when I saw this were the materiality, and you've addressed all three, the railings, the siding.
    • 01:37:35
      Those are good moves.
    • 01:37:39
      I can live with that.
    • 01:37:40
      And it's going to be a hearty product?
    • 01:37:42
      Yes, sir, correct.
    • James Zehmer
    • 01:37:43
      So I think I would support administrative approval if he wants to bounce it off of me to confirm that they've
    • 01:37:52
      The actual application has those changes to the design to make sure that they meet the materiality requirements.
    • 01:38:00
      That'd be fine with me.
    • SPEAKER_02
    • 01:38:00
      Do we have to vote on a COA?
    • 01:38:02
      This is pre-application?
    • 01:38:03
      This is a preliminary discussion.
    • 01:38:05
      But it's pre-application.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:38:06
      You're giving me instruction.
    • 01:38:08
      I think it's something I'm comfortable with.
    • 01:38:14
      One of the things that's happening, and I know Jeff and Bob may not know this, but how things go in, this went in as a building permit, and then sort of went wherever it goes, and there was no reason for us to, you know, and then all of a sudden somebody asked Kate about it, and like, well,
    • 01:38:36
      Where is it?
    • 01:38:37
      And then, of course, it cascaded from there.
    • 01:38:41
      But I'm quite comfortable working with Ben Covey on, and I've known Jeff a long time.
    • 01:38:50
      I am very comfortable working with him.
    • 01:38:53
      I think I'm okay, and if something, when the zoning gets resolved, if something's significantly different in intent,
    • 01:39:01
      We can talk about it, but I think I'm fine having a review on this one.
    • 01:39:09
      Can I help you guys out?
    • James Zehmer
    • 01:39:11
      Sounds great.
    • 01:39:12
      Thank you all very much.
    • 01:39:13
      Really appreciate it.
    • 01:39:14
      So your next steps, just work with Jeff on a formal COA and should be good to go.
    • SPEAKER_12
    • 01:39:18
      I'll be in touch very soon.
    • James Zehmer
    • 01:39:20
      All right, Jeff.
    • SPEAKER_01
    • 01:39:21
      Thanks, Carl.
    • James Zehmer
    • 01:39:22
      Appreciate your time.
    • 01:39:22
      Thank you guys for coming out.
    • 01:39:25
      All right, next we've got a work session.
    • 01:39:28
      Items include reviewing draft changes and revisions of the AR bylaws and minor historic reviews scenario planning.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:39:38
      So two ways we can stay in here, we can adjourn to the other room, wherever you all are most comfortable.
    • 01:39:47
      I had, and then the order of things we can
    • 01:39:53
      I'll leave to you to decide, but I had not necessarily a scenario planned, but I've been discussing the need to just share with you all what
    • 01:40:05
      what we do, how we treat certain things that come in, how we treat administrative reviews, how we treat inquiries.
    • 01:40:16
      So I have a series of slides.
    • 01:40:19
      We can go through those quickly and then talk about the bylaws or we can get the bylaws out of the way if you guys have any thoughts on, maybe you have no questions or
    • James Zehmer
    • 01:40:33
      I guess the question would be, do we need to vote on changes or vote on recommending them or anything?
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:40:42
      Nope.
    • 01:40:42
      No action.
    • 01:40:43
      You give me direction.
    • 01:40:45
      That's why I said in my note, don't worry about the legalese.
    • 01:40:48
      I'll sit down with
    • 01:40:50
      you know, the smart people in the building and ask how to word things correctly.
    • 01:40:57
      I just, and I'm curious if I've captured, I know Miss Lewis offered some recommendations, we've addressed, I addressed those.
    • 01:41:10
      I also, it had been recommended to me
    • 01:41:14
      You're the only city body that takes the double public comments.
    • 01:41:21
      Now, my response to Foch was, we don't ever get anybody, aside from the October and August meeting, we don't get a lot of people speaking.
    • 01:41:35
      a problem or, you know, hasn't created a burden.
    • 01:41:39
      But it is an opportunity if you all thought that, you know, to simply simplify things and say that, you know, after a project is introduced and the applicant speaks, people get three minutes to talk.
    • 01:41:54
      and that it's important to look at that closely because when I went through the old bylaws I noticed that because we say you know are there any questions from the public and then we allow people to ask questions then we have questions from the BAR but there was nothing in there that said then
    • 01:42:12
      How does the applicant respond?
    • 01:42:14
      So I said, and the applicant can respond to those questions.
    • 01:42:18
      You all have just simply done it as a matter of the routine, ask the applicant.
    • 01:42:22
      But then once the questions are done, then we move to comments from the public, comments from the BAR, after which the applicant then can respond to those.
    • 01:42:32
      So I've clarified that at each of those steps, the applicant has an opportunity to speak.
    • 01:42:38
      And then I added the additional piece of
    • 01:42:41
      When you all have had, and I don't want to ask Sherry to give us a legal opinion on this, but I think maybe you can help with some of the wording.
    • SPEAKER_02
    • 01:42:52
      One person or the person says that I'm going to throw up.
    • 01:42:54
      Please stop.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:42:56
      Oh, I'm sorry.
    • 01:42:56
      Please stop.
    • SPEAKER_02
    • 01:42:58
      I read the memo we talked about at the pre-meeting.
    • 01:43:00
      I'm offended at this point.
    • 01:43:03
      Please stop.
    • 01:43:05
      I'm not going to legalize anything.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:43:07
      I was asked to review the bylaws.
    • SPEAKER_02
    • 01:43:11
      Staff asked me to review the bylaws for the public information, anybody listening online.
    • 01:43:16
      I am a practicing attorney.
    • 01:43:18
      I am not a city attorney.
    • 01:43:20
      I have lots of gaps in my knowledge about public representation of public bodies.
    • 01:43:26
      So I don't intend to do that.
    • 01:43:29
      I'll repeat again.
    • 01:43:30
      I don't intend to legally assist, okay?
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:43:32
      The word discussion, we use discussion a lot and I just want to make sure I use that correctly because when you all have, I say you discuss the comments, but then you have your discussion that leads to your motion and a vote and I put in there
    • 01:43:49
      That the chair's discretion you can have following that discussion you can allow the applicant to respond and I just don't know if Discussions the right word to use repeatedly so so many thoughts on that would be helpful, but it's understanding on
    • James Zehmer
    • 01:44:05
      Robert's Rules of Order, when you're taking a vote, you've got a motion, you've got a second, there's a period of discussion, and then you take the vote.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:44:13
      And I'm not talking about the app, I'm talking about when you all have had your conversation, you haven't had a motion yet, you've had your conversation, you're following the comments from the public, comments from the BAR, you've had a discussion, that's that sort of final opportunity for, you know, so, or if something comes up,
    • 01:44:35
      I'm simply stating that the chair can say, well, let's ask the applicant.
    • 01:44:39
      There's an opportunity there.
    • 01:44:40
      But no, once a motion's been made, there's nothing in there about having further conversation with the applicant.
    • 01:44:48
      I was just trying to think of the right word for discussion.
    • 01:44:51
      That was the core of the question.
    • James Zehmer
    • 01:44:56
      I was trying to find, I guess you sort of summarized all
    • 01:45:03
      The changes to the bylaws, right, that you've...
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:45:07
      Tried to put them in red.
    • James Zehmer
    • 01:45:08
      Track changes got a little... For some reason, instead of showing things as... Where's the spark about questions and comments from the public?
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:45:19
      Let's do this procedure.
    • 01:45:21
      So at the very beginning... 4.4, 4.3...
    • James Zehmer
    • 01:45:28
      I was struggling with...
    • 01:45:31
      Yeah, I got you.
    • 01:45:33
      Okay.
    • 01:45:34
      So, I guess, I mean, ultimately, when it gets...
    • 01:45:38
      So, ultimately, one thing it gets down to is do we want to continue to have a split questions and comments from the public and the VAR for that matter, or do we want to combine, at least really combine them into two, just questions and comments from the public is one thing, and then questions and comments from the VAR another.
    • 01:45:59
      Is there a benefit to bringing them up?
    • 01:46:01
      I also personally disagree, and I don't know if this is in here, I do not think that the applicant should directly address the public in their responses to their questions.
    • 01:46:14
      I think it's more, I feel like if someone has a question from the public, they pose it to the BAR, and then the BAR can turn around and ask the applicant.
    • 01:46:22
      I think that helps to
    • 01:46:25
      Keep Tempers Down, etc.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:46:27
      So I have, yes, a question from the public, followed by questions from the BAR, then following that, so after you all have asked questions, the applicant has three minutes to respond, and I try to encourage applicants
    • 01:46:44
      Yeah, I think when you were summarizing it earlier you seemed to insinuate that there was a back and forth.
    • James Zehmer
    • 01:46:54
      But ultimately I think the primary question is do we want to have that sort of two separate things because sometimes it gets a little repetitive, it gets a little confusing where
    • 01:47:04
      You know, I find myself having to try and like, oh, this is just, this is the question time versus the comments time, you know, and it gets a little tricky.
    • 01:47:12
      I don't know, Carl, I don't know, how does the Planning Commission do it?
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:47:14
      Yeah, so when I, for the Planning Commission meetings, I try and, I remind people questions first, only questions, because I think it just, if there is, if it is a public hearing, I think it helps the public to actually hear questions, because then they only get one chance to respond.
    • 01:47:31
      whereas they can, so during comments, they don't get to ask questions.
    • James Zehmer
    • 01:47:36
      Sorry, who's they?
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:47:36
      The public.
    • 01:47:38
      OK.
    • 01:47:39
      So yeah, in that sense, it helps to do, just do questions so that everything can be clarified and then the public gets to respond to that.
    • 01:47:48
      But personally, I like having the, we've had applicants before ask questions and then come back later and have comments about those.
    • 01:47:56
      And as long as we're not thinking that it's a big time sink, I don't see the hurt.
    • James Zehmer
    • 01:48:02
      Sometimes it is, at least in recent memory.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:48:06
      And you have the opportunity, and my response when I was asked by colleagues, so the reason I bring it to you is because folks ask me, why did you do this?
    • 01:48:14
      In fairness, I'll raise it and let you all decide, but I think the process as we have it works, and then you have the means to modify that process to circumstances going forward.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:48:28
      And as chair, you also have the ability to tell someone,
    • 01:48:31
      You stopped asking questions at this point.
    • 01:48:33
      Let's move on.
    • SPEAKER_04
    • 01:48:37
      The way that 4.3 is written right now, I just want to make sure that this is actually the way we want to do it.
    • 01:48:43
      There's questions from the public, questions from the bar, and then the answers.
    • 01:48:51
      The way it really works, it seems like you ask a question and you get an answer.
    • 01:48:54
      Yeah.
    • 01:48:57
      Are they allowed three minutes per question or do we have to save all our questions and then they have to...
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:49:10
      This is where I have fun having discussions with my colleagues about it is explaining that this is a very different process from legislative action or something.
    • 01:49:18
      We're having a discussion about a design and it does evolve.
    • 01:49:22
      I think traditionally the way we've done it is the people line up and we'll ask
    • 01:49:29
      in one after the other, their questions.
    • 01:49:32
      Then that's done.
    • 01:49:34
      You all can, I think depending upon how the chair feels or you all feel individually, it is weird to ask nine questions or maybe 18 questions and then have the applicant.
    • SPEAKER_02
    • 01:49:46
      What's he supposed to take notes on each question and then be limited to three minutes?
    • SPEAKER_04
    • 01:49:52
      And I've seen, we rarely get questions from the public.
    • 01:49:56
      We get comments.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:49:57
      What I'm saying, the way it's written is like, no, you can't talk until the BAR's done.
    • 01:50:08
      I mean, I can explore that.
    • 01:50:09
      And the other thing, there's no urgency to, we want to get this right, so, and the process is that once I have, once we have what we all sort of are working towards, then you all get to vote on it formally and I have to put it on the agenda.
    • 01:50:24
      So, but the way you're currently operating is fine.
    • 01:50:29
      It just, it does need a little bit of updating, so let's take our time.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:50:34
      Does this language, this language doesn't seem to negate, whoops, sorry.
    • 01:50:38
      It still allows you, the chair, to allow the applicant to answer questions whenever they want.
    • 01:50:42
      I mean, that's kind of your purview as chair.
    • 01:50:45
      So I'm not sure that this language hurts that.
    • 01:50:47
      It just lets it, so if things get out of control, we've got a way of saying we've got to limit it to three minutes and move on.
    • SPEAKER_02
    • 01:50:55
      I think I agree with that.
    • 01:50:59
      The way it's written, you could read it either way, that once the questions are asked from the public and from the BAR that the applicant wouldn't have an opportunity, but we know naturally they would probably, but I mean there's just no
    • 01:51:18
      I understand the second sentence which is sort of like his overall response or
    • 01:51:31
      and whatever it's called in debate, I don't know, you know, the final word that he gets to just wrap up, you know, which they should have time to do that, like summarize or whatever it is.
    • SPEAKER_04
    • 01:51:44
      I wonder if the edit is what's causing the confusion here a little bit.
    • 01:51:50
      Like, when I read this without the edit, Chair shall ask for questions from the public followed by questions from the bar.
    • 01:51:56
      That's sort of what we've been doing.
    • James Zehmer
    • 01:51:59
      I mean it could just, what if it just has, what if we try to rein this in a little bit that just says the chair shall ask for questions from the public and questions from the BAR followed by a response period.
    • 01:52:17
      The questions then the chair will ask for comments from the public and comments from the BAR followed by a response period.
    • 01:52:23
      I mean, there's some, you know, simplify it.
    • SPEAKER_02
    • 01:52:25
      But usually the applicant does have like three minutes at the very end.
    • 01:52:30
      Please, somebody remember the word, not retort, it's, there's a debate word for it.
    • 01:52:35
      It's not a legal word, but whatever.
    • James Zehmer
    • 01:52:37
      Yeah, I mean, it is more of a discussion.
    • SPEAKER_02
    • 01:52:40
      And I think we have, like, for instance, on 7th Street, we allowed Mr. Matthews to speak, you know, some final word before the vote.
    • 01:52:45
      I think that's the essence of what it is after those questions.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:52:49
      So under 4.3, the applicant shall be allowed three minutes to respond.
    • 01:52:58
      That's already in our current preamble, so that's sort of there.
    • 01:53:04
      but I think just reworded it slightly.
    • 01:53:07
      But I'm going to ask, let me ask Missy how the Planning Commission does it with that sort of, well, I guess they don't do it.
    • 01:53:13
      But the point is that during the questions, not from the public, but during the question period for the BAR, there is some interaction.
    • 01:53:23
      And I want to word that so that it's understood.
    • 01:53:27
      It's what Kate and I were talking today.
    • 01:53:30
      Neither of us came into work tomorrow.
    • 01:53:31
      Somebody picked this up.
    • 01:53:33
      We talk about the ordinance, how would someone interpret it.
    • 01:53:36
      So I try to make sure that there's some clarity in that.
    • 01:53:40
      I know what you're asking me, so let me find the right words.
    • James Zehmer
    • 01:53:43
      What if we just called it questions and answers?
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:53:47
      Well, it doesn't.
    • 01:53:50
      We have our practice.
    • James Zehmer
    • 01:53:51
      The Q&A for the BAR.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:53:54
      No one's going to stand up and say, you all broke the BAR law.
    • 01:53:58
      And we get hauled away.
    • SPEAKER_14
    • 01:53:59
      And 4.7 says, nothing contained herein shall be construed as prohibiting the chair from conducting an orderly meeting.
    • James Zehmer
    • 01:54:09
      That's right.
    • 01:54:09
      You have a 4.7?
    • SPEAKER_02
    • 01:54:12
      I don't have a 4.7.
    • James Zehmer
    • 01:54:16
      We should do.
    • 01:54:17
      Orderly meetings.
    • SPEAKER_02
    • 01:54:18
      It's on the version that you gave us.
    • James Zehmer
    • 01:54:20
      Just fire us all.
    • 01:54:23
      It was formerly 4.6.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 01:54:26
      Is this breaking Jeff tonight?
    • 01:54:28
      Is that what this is?
    • James Zehmer
    • 01:54:29
      It was formerly 4.6.
    • 01:54:31
      But it's now 4.7 because he carved out.
    • 01:54:42
      He took 4.3 and made 4.3 and 4.4.
    • 01:54:45
      Yeah, I don't have that.
    • SPEAKER_11
    • 01:54:49
      This is the previous version.
    • 01:54:51
      This is from the 14th.
    • 01:54:53
      Here, Jeff, this is from the 20th.
    • SPEAKER_02
    • 01:54:56
      Still working on the one with the IPP on the consent agenda.
    • 01:54:59
      Hey, Jeff, this is the current version.
    • 01:55:01
      I have an extra copy.
    • 01:55:07
      All right.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:55:07
      There you go.
    • 01:55:07
      Considering I'm the one that edited it, that's one thing.
    • 01:55:10
      Should we start with another?
    • 01:55:10
      Question and answer.
    • 01:55:12
      Go, go, go, go.
    • James Zehmer
    • 01:55:13
      Like a question and answer session from the public, question and answer session from the BAR.
    • 01:55:19
      and that way it implies that the applicant has a chance to respond.
    • 01:55:23
      But we could also preface it by saying we'd like the public and the applicant to address the BAR, not one another.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:55:31
      Correct.
    • 01:55:32
      Correct.
    • 01:55:35
      You get the gist.
    • 01:55:36
      I got you.
    • 01:55:37
      Next item.
    • 01:55:38
      Next thing.
    • James Zehmer
    • 01:55:39
      Thanks.
    • SPEAKER_04
    • 01:55:41
      Actually can we, I'm sorry, go back to this one more time.
    • 01:55:46
      So the original 4.3 has a sort of language that says the three minutes that we're giving them to respond is at the end of all of this.
    • 01:55:58
      It's sort of right just before the vote.
    • SPEAKER_02
    • 01:56:01
      That's how it reads.
    • SPEAKER_04
    • 01:56:03
      But that's what we've been sort of doing, isn't it?
    • 01:56:05
      Yeah.
    • SPEAKER_02
    • 01:56:06
      allowing like that's an additional thing like when we're done talking and just whereas the should be it should not be after the comments I think yes final word it should be like down after 4.5 or after 4.4 I don't know exactly that that three minutes good question when you've asked questions you've gotten responses because we can then your comments are built on those right right that would take
    • SPEAKER_04
    • 01:56:33
      I think you know what we want, but to me the pre-edited version is actually a little more clear.
    • SPEAKER_03
    • 01:56:50
      The system as it is isn't broken, is it?
    • SPEAKER_14
    • 01:56:53
      No, I'll just say that we have seemingly done very well even when we had a very large audience and a bunch of stuff going on.
    • 01:57:05
      The chair and everybody seemed to keep things in order and didn't.
    • James Zehmer
    • 01:57:13
      Yeah, I mean I will say, you know,
    • 01:57:17
      I think that the three minute thing can, it helps us.
    • 01:57:20
      It also, you know, we try and keep people to three minutes.
    • 01:57:24
      I try my best to kind of like gauge it, right?
    • 01:57:27
      Like if somebody, I can tell somebody's gone under like 30 seconds or maybe a minute, you let them go and you finish.
    • 01:57:32
      I think I have seen folks in the public, like when our applicant rambles longer than three minutes, you know, I've seen people hold up their phone with a timer on it, you know, kind of trying to say, which I think is fine.
    • 01:57:42
      And I think it's basically them saying you got to hold them to the same standard.
    • 01:57:45
      as you're holding the public, and we should.
    • 01:57:47
      So I think maybe, Jeff, that's what you're trying to get at here a little bit, is trying to level the playing field a little bit, keeping it fair.
    • 01:57:58
      But at the same time, the applicant knows the project, right?
    • 01:58:00
      And so their explanation of an answer might take longer than three minutes, but it's valuable.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:58:05
      That's your discretion, right?
    • James Zehmer
    • 01:58:06
      And that's your discretion.
    • 01:58:08
      I think maybe it's sort of.
    • 01:58:10
      We need the three minutes when we need it, but we also need to allow for the right amount of discussion.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:58:16
      The scenario I had in mind was so, you know, the three people here have asked three questions and each of you have asked a question that you don't just go right into comments.
    • 01:58:27
      We have to go back and look at the old minutes and see what we've done in the past.
    • 01:58:31
      You can see the applicant saying, well, can I answer that question?
    • 01:58:35
      and my recollection is you've had some sort of conversation before you've then gone into the comments.
    • 01:58:44
      So let me go look at the old, I just want to make sure that that's clear.
    • 01:58:48
      That way when somebody comes up and says, well, can I respond to those questions and somebody, you know, we're not going, I don't know if you're allowed to.
    • 01:58:57
      But let me give it a look.
    • 01:58:58
      I understand exactly what you're saying and
    • 01:59:02
      Let me have a solid answer from the past.
    • SPEAKER_02
    • 01:59:06
      I think what you're trying to say is the irritating situation is where the applicant wants to respond to every single question or even comment from the public, which can be tiresome.
    • James Zehmer
    • 01:59:22
      There's also sometimes questions get asked or comments get made that really don't fall within our purview.
    • 01:59:40
      I try sometimes.
    • 01:59:41
      Sometimes I'll stop people.
    • 01:59:42
      Sometimes you just let them say their thing and get on.
    • 01:59:44
      And so I try and jot those things down and things that are within our purview or really do have a bearing on the application, then I'll kind of bring that back up and say, can you respond to this one?
    • 01:59:55
      Maybe not all 10.
    • Jeff WernerHistoric Preservation & Design Planner
    • 01:59:56
      The tendency has been when each of you has a question, you're essentially asking the applicant at that moment.
    • 02:00:04
      Mr. Burrell said, what's going on with this, what's the height of this retaining wall?
    • 02:00:09
      And it wasn't, you know, here's the question, set it aside and answer it.
    • 02:00:13
      We asked them to respond, yeah.
    • 02:00:15
      So that's been our practice.
    • 02:00:19
      That's 30 seconds.
    • 02:00:20
      So I don't mean, I didn't want to complicate.
    • 02:00:22
      I guess I was trying to just say, yeah, that's the practices when we ask questions that are responding.
    • 02:00:26
      Yeah.
    • SPEAKER_02
    • 02:00:27
      Can I make a comment about how this just section four is organized?
    • 02:00:32
      Like the preliminary part says, okay, here's how your order's going to go.
    • 02:00:40
      And it starts to tick through a first staff report applicant.
    • 02:00:43
      And you get all the way down to, which is great, 4.5 BHA discussion.
    • 02:00:48
      But then 4.6 is not, shouldn't start, I don't think at least it should be titled public questions.
    • 02:00:55
      It's meant to be like 4.7, there are additional guidelines.
    • 02:01:00
      But if we leave it there, I'm afraid that the public or someone's going to think that, okay, at the end of our discussion,
    • 02:01:06
      there are more public comments.
    • 02:01:08
      So do you know what I mean?
    • 02:01:10
      Like there should be, if I were to, it's an outlining thing.
    • 02:01:14
      I would, I would, I would make like, I would create the preliminary paragraph after current paragraph four as 4.1 and they'd go A, B, C, D, like little letters through the agenda.
    • 02:01:27
      And then 4.2 would be public questions and comments, you know, identify themselves, get their address.
    • 02:01:32
      And then 4.3 would be orderly meeting.
    • 02:01:34
      Does that make sense?
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:01:36
      While you jot that down, a minor thing, I got my wrist slapped for asking someone's address in the planning commission.
    • 02:01:44
      And apparently they don't do that anymore.
    • 02:01:46
      Because like I said, just people don't want to have privacy issues.
    • 02:01:49
      So I don't know if we include that or not.
    • 02:01:51
      Do you have to say that you're a resident of the city?
    • 02:01:55
      I would like it to be that way.
    • 02:01:57
      I think that's a good idea.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:01:59
      I will find out.
    • James Zehmer
    • 02:02:01
      That's a good point, though, about the privacy thing.
    • 02:02:04
      Fair.
    • 02:02:05
      I mean, I guess the question, we've had plenty of people who aren't residents of the city still make comments.
    • 02:02:10
      Is there a prohibition against that?
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:02:13
      No, but I think it does need to be clear if they are.
    • 02:02:17
      I mean, yeah, as Roger said, if they are a resident or not.
    • SPEAKER_02
    • 02:02:21
      But I'm not sure that, I don't know if we can ask them.
    • 02:02:25
      Or maybe they own property, if they're a neighbor or whatever.
    • James Zehmer
    • 02:02:27
      I mean, there's definitely people who are a business owner or practice.
    • 02:02:32
      Practicing architecture.
    • SPEAKER_14
    • 02:02:34
      Other jurisdictions where they do ask the address.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:02:39
      We used to.
    • 02:02:40
      It used to be even city council did.
    • 02:02:42
      It's still part of our preamble.
    • 02:02:43
      The last couple of years they stopped doing that and yeah I didn't realize and I asked someone's address like one or two meetings ago and they said no you can't do that.
    • 02:02:51
      We rarely, we rarely.
    • 02:02:53
      I got changed I think by council sometimes last couple of years.
    • 02:02:56
      Well that's the case.
    • 02:02:57
      Nobody goes, no one comes to our meetings to know about that.
    • James Zehmer
    • 02:02:59
      If that's the case then if y'all could check on that.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:03:02
      Kind of note, yep.
    • SPEAKER_02
    • 02:03:03
      We're gonna ask staff to do that.
    • 02:03:05
      You didn't have to give your address but you could just state your
    • 02:03:07
      St. Charles Street.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:03:14
      One of the things we're also doing is there are, we found, council has over the years approved various resolutions on things.
    • 02:03:28
      For example, we didn't know this, Ms. Phillips in the room found out about it last year, that you can't be on two
    • 02:03:35
      Now Carl can because he's appointed as the planning commissioner but you can't be on the BAR and the BCA or you can't be on the BAR and the Historic Resources Committee.
    • 02:03:47
      I didn't know that that was there.
    • SPEAKER_01
    • 02:03:50
      Are you sure?
    • 02:03:51
      I think that that was unique to being on the Board of Zoning Appeals because the Board of Zoning Appeals says that you cannot be a member of any other city board except one member may
    • 02:04:03
      I don't think it's law.
    • 02:04:07
      I could be mistaken
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:04:15
      It's just, and I'm going to double check that because absolutely.
    • 02:04:21
      But there are these resolutions, sorry, it's not necessary, I'm saying there are some things that council has put into place in how things are treated that we are also going to make sure, anything like that has to be in here, we'll put that in here.
    • 02:04:35
      But thanks Jenny because that was, I didn't realize that.
    • SPEAKER_02
    • 02:04:46
      Yeah, Planning Commissioner, I was on TJPDC and... That might help our landscape architects.
    • 02:04:51
      I was on BCA, not at the same time, but BAOR.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:04:55
      Okay.
    • 02:04:55
      Mr.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:04:58
      Seaman.
    • 02:04:59
      I have one more comment on this.
    • 02:05:01
      I know you said this is maybe not in the bylaws, but procedures, wherever it needs to go, can we please find a solution for snow days and miscorums?
    • 02:05:11
      I think Planning Commission did something that's not waiting a whole month but is like the next, something that complies with the notification thing.
    • SPEAKER_11
    • 02:05:22
      Does that include lack of quorum issues?
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:05:25
      I think so, I don't know.
    • 02:05:28
      But it was what to do in case a meeting can't happen.
    • SPEAKER_02
    • 02:05:31
      If the meeting is cancelled for, you know, weather, act of God, whatever.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:05:35
      Right.
    • 02:05:36
      Right, but because we do have the issue of things could be automatically approved, I think the Planning Commission had some sort of thing that let us have a meeting
    • 02:05:50
      at the next possible date to meet the public.
    • SPEAKER_14
    • 02:05:56
      Only if I could meet the public notice or requirements.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:06:04
      Now here's something because Kate and I actually went through some weird scenarios a week ago.
    • 02:06:12
      An answer to the one question that Carl has raised about the automatics, or if you all don't have a form, something is proof, the code allows any aggrieved party to appeal a decision, and even if it's a decision by default, including the director of neighborhood development.
    • 02:06:32
      I could or I could if let's say there were a project that was controversial or had issues and you know for whatever reason you all were unable to meet and I felt strongly that that approval just wasn't right.
    • 02:06:50
      I could ask my boss to appeal that to counsel.
    • 02:06:56
      So there's a means to an end in there that if we really felt like something egregious had occurred, you can always ask counsel to review it.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:07:07
      That is a two to three months process, right?
    • SPEAKER_10
    • 02:07:12
      Yes.
    • 02:07:13
      And it wouldn't go to council with a BAR recommendation either, right?
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:07:18
      I'm sorry.
    • SPEAKER_10
    • 02:07:19
      It wouldn't arrive at council with a BAR recommendation.
    • 02:07:23
      It would just sort of be...
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:07:24
      It would be that the aggrieved party would have to make, now you all certainly, the BAR can say, you know, we weren't able to meet because that asteroid hit, but here's how we feel about that.
    • SPEAKER_02
    • 02:07:36
      My first meeting of the Planning Commission was on 9-11.
    • 02:07:39
      That was a Tuesday.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:07:43
      Good start.
    • SPEAKER_02
    • 02:07:47
      I was like, what's the fuss?
    • 02:07:48
      Let's have a meeting.
    • 02:07:48
      And then I didn't realize how bad I was working and didn't realize really what had happened.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:07:55
      Well, so let me look, let me look at that and I'll see what the Planning Commission is doing.
    • 02:07:59
      And, uh, but, uh, it's a valid question.
    • 02:08:02
      We did have, as I said earlier tonight, we had this happen, I think in 2019, with Madison.
    • 02:08:07
      and Ice Storm.
    • 02:08:08
      So it can happen.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:08:10
      But it does.
    • 02:08:11
      I think I did it a couple times before that, too.
    • 02:08:13
      I mean, yeah, more than once in my time.
    • SPEAKER_10
    • 02:08:15
      And I recall.
    • 02:08:15
      And we discussed it at last meeting in December.
    • 02:08:18
      And it felt like Sherry brought it up as a possibility for this meeting.
    • 02:08:23
      And it felt like it just removed that option of deferral entirely because it was sort of forced to decision, which feels a little bit like we should have that option.
    • 02:08:38
      The option to... To request deferral from the... Because if we don't have that 30 days, it's like, okay, well maybe we won't be able to meet again to review this.
    • 02:08:50
      And so it's not a real option at that point.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:08:53
      Well, one thing is, this is why I tried very, very hard to, before you all see something, or before it comes to you formally, have a conversation about it.
    • 02:09:05
      I really, if someone comes in and I just say, this is dead on arrival, I do everything I can to...
    • 02:09:10
      either discourage it or get them to change it.
    • 02:09:15
      I mean there's so many unforeseen things out there and I'm just saying that we can, I will find out what we can do.
    • 02:09:23
      It will be a function of the notification and then it's a function of what you all have available.
    • 02:09:30
      But let me look at that.
    • James Zehmer
    • 02:09:31
      Is the deferral listed in our bylaws or is it just part of the guidelines?
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:09:35
      The deferral is in the policy.
    • 02:09:41
      It's in our process manual.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:09:44
      Is that process manual available to the public?
    • 02:09:47
      Absolutely.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:09:48
      You should have reviewed it.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:09:50
      Is it available to us?
    • 02:09:51
      Because it's not with the ordinance, right?
    • 02:09:53
      It's with the code of development.
    • 02:09:55
      If you go right now, go to...
    • 02:09:59
      So wait, it's in the zoning code.
    • 02:10:00
      That's what you're saying?
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:10:01
      That's the process name?
    • 02:10:03
      No.
    • 02:10:03
      You're asking a question that I hear people in the public asking, and I'm not kidding.
    • 02:10:08
      So let's go to the neighborhood development web page.
    • SPEAKER_11
    • 02:10:11
      Hold on, let me share so you can see how many clicks away it is.
    • SPEAKER_02
    • 02:10:15
      Was it in our binders that are brought to every single meeting except for this one where you could have shown us?
    • 02:10:20
      I don't know where this went.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:10:21
      I think somebody needed a binder and took them.
    • 02:10:24
      It was a test to see if you all noticed that they ever ran it out.
    • 02:10:29
      So when you go to neighborhood development, you see a nice picture of my boss.
    • 02:10:36
      You see the development code and procedures manual right there.
    • 02:10:40
      Boom.
    • 02:10:43
      Where is it?
    • James Zehmer
    • 02:10:44
      Look at that.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:10:45
      So this is the how to for and then go down to the design review section.
    • 02:11:05
      This makes me so frustrated.
    • 02:11:07
      I thought the Planning Commission reviewed this.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:11:11
      We reviewed the zoning code and we reviewed the, we may have looked at this at some point in the, you know, all the documents we looked at, but I don't remember.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:11:20
      And we recently modified this and it had to get approval before it went live.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:11:24
      There may have been some trust that staff did it correctly.
    • James Zehmer
    • 02:11:29
      Can you remind us what the public notification requirements are?
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:11:32
      I can't
    • 02:11:34
      is it, we don't do letters anymore, but we have to post on the property and per state code.
    • 02:11:42
      There is a, if you scroll to the public notice section.
    • 02:11:47
      What was great is the code said, per state code.
    • 02:11:50
      What does state code say?
    • 02:11:52
      It was like, well you have to do it.
    • 02:11:53
      Five days.
    • SPEAKER_11
    • 02:11:54
      Just five days.
    • 02:11:56
      We do more than code dictates.
    • 02:11:58
      And that's a policy.
    • James Zehmer
    • 02:12:00
      So where I was going with that is like,
    • 02:12:02
      kind of, if we defer it.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:12:08
      If you can't meet, my first call is to the applicant and say, an asteroid hit, we really can't discuss this tonight, will you bump it to the next meeting?
    • 02:12:22
      In the few occasions that's happened, they've said sure.
    • 02:12:25
      And then if they won't do that, you know,
    • 02:12:30
      We've never dealt with it.
    • 02:12:31
      It's at the end when the public notices.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:12:34
      No, it's 30.
    • 02:12:35
      For property in the HC district following submittal for complete application, the bar will have 30 days.
    • 02:12:40
      Page 7, bottom of page 7.
    • 02:12:42
      Go up one, 60 days, 30 days.
    • 02:12:44
      80 is 60, HC is 30.
    • SPEAKER_02
    • 02:12:47
      That's HC, 60 is 80C.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:12:49
      Right, so I'm saying the Historic Conservation Districts will only have 30 days.
    • SPEAKER_02
    • 02:12:53
      Right.
    • 02:12:53
      Oh, that's what you...
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:12:54
      Yes, that was the problem.
    • 02:12:55
      Thank you.
    • James Zehmer
    • 02:12:56
      Is there any language in the whole thing that speaks to Acts of God?
    • 02:13:08
      Can they not modify it to say 31 days and then you know you'll get to the next meeting?
    • 02:13:39
      You get one meeting past...
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:13:43
      What about when you defer to the next meeting and it's 32 days because we meet on a Wednesday.
    • 02:13:49
      So, I mean this is one of these all things being equal, it's worked.
    • 02:13:56
      But I can, so the reason the 30 days is in there is in the old ordinance, that's when you were required to act on a conservation district application.
    • James Zehmer
    • 02:14:07
      So, with that logic someone could submit it
    • 02:14:11
      The day after we meet, and if our next meeting isn't until 32 days later, they can get it submitted and approved without us even seeing it.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:14:18
      No, this is not, it's not a, I mean there are submittal and application deadlines, and then I make a determination of a complete application, and when you look at it,
    • 02:14:30
      Now, I have not memorized this thing, so I'm not prepared to have a mental choust about what the commas and the colons and semicolons mean.
    • 02:14:42
      In practice, it has been, when you look at a thing in a historic district that's meeting one, conservation district, the applicant defers it.
    • 02:14:51
      I've actually, by the way, added language in here into this document.
    • 02:14:57
      An applicant used to be able to defer something and if you recall several years ago, Jeff Dreyfuss brought something back that they had deferred like 10 years ago.
    • 02:15:06
      And I'm like, I don't know what to do.
    • 02:15:08
      I've written in here a policy that if after I think 18 months you haven't brought it back, then it needs to be a new application.
    • 02:15:18
      The 30 days are intended to say that when I bring something to you as a complete application for action on it in a conservation district, you get that one meeting where the applicant can defer.
    • 02:15:32
      And for an ADC district, if you defer it, you can only defer it to that next meeting and you have to take action on it.
    • 02:15:42
      So it prevents you all from saying, well, defer, defer, defer, defer.
    • 02:15:48
      You have to decide up or down.
    • 02:15:51
      And if you're not willing to vote on it to approve it, then you have to vote to deny it.
    • 02:15:57
      You can't defer it further.
    • 02:15:58
      So this is a fairness to the applicant as much as anything.
    • James Zehmer
    • 02:16:02
      That's just for ADC, though.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:16:04
      ADCN, it was an old ordinance for both.
    • 02:16:08
      I incorporated it into the process guidelines.
    • 02:16:13
      That's what I was instructed to do.
    • 02:16:16
      Because it's not in the code now.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:16:20
      So since we're also residents of the city, maybe as the PAR,
    • 02:16:26
      I think right now it sounds like staff doesn't want to argue for this.
    • 02:16:29
      We could send a letter or speak to council that says, this is silly, let's change it to 60 days.
    • 02:16:34
      And council's the ones who determine what is the public, what the public wants.
    • 02:16:42
      I kind of disagree that this was an accident without knowing what the full consequences were.
    • 02:16:49
      And I believe it was done when Woolen Mills was made a historic conservation district.
    • 02:16:54
      I think we had 60 days when Martha Jefferson was created, I think it was still 60 days for that district.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:17:00
      And to back that up, my concern is not what you talked about tonight or an addition on someone's house in a conservation district.
    • 02:17:08
      It's a large-scale residential project like the Tarleton Oak or that large project that ran along Lexington Avenue there next to the hospital.
    • 02:17:19
      The large-scale project, we can't just treat that as a, you know, let's just begin.
    • 02:17:28
      And that's why I think the language would be
    • 02:17:30
      if we could clarify the type and scale of project that might be helpful.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:17:33
      But you're welcome to.
    • 02:17:34
      I'm also worried about just part of the job of the Historic Conservation District is demolition review.
    • 02:17:39
      And you could get a demolition approved if someone got lucky and we didn't have a meeting.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:17:44
      But you could appeal that.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:17:46
      Yeah.
    • 02:17:47
      I understand.
    • 02:17:48
      But then we're hoping the council is going to want to go for that appeal.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:17:52
      It's a fair question, and I
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:17:58
      Carl, thanks for that.
    • 02:18:01
      I've been trying.
    • 02:18:02
      I've mentioned it to staff, I've mentioned it to planning commission staff, I've mentioned it here and it seems like there's a lot of, this is what the public wanted at one point, for a lot of different things in the zoning code, things get kind of pushed aside for that reason.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:18:22
      If you could go to item 2.2 is where I inserted something.
    • 02:18:28
      It might be unnecessary, but it did have some.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:18:32
      Which one did you say?
    • 02:18:33
      2.2.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:18:34
      2.2.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:18:35
      Yeah.
    • 02:18:36
      I mean, that's how we.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:18:37
      I'm stating the obvious.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:18:39
      Yep.
    • 02:18:39
      That's what adding the Wednesday meeting.
    • James Zehmer
    • 02:18:44
      Yep.
    • 02:18:45
      Yeah.
    • 02:18:45
      Yes.
    • 02:18:46
      It's essentially January, February, right?
    • 02:18:51
      I guess potentially June.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:18:55
      We actually had a situation a couple years ago where the third Wednesday was actually the Wednesday prior.
    • 02:19:07
      In 2.5, provisions to the Virginia Freedom of Information Act as clarification added
    • 02:19:16
      Ms. Lewis offered just to clarify what that code section was.
    • 02:19:22
      The reason in 2.6 and 2.7 the way it had been written is notice of meetings and I was supposed to give written notice to all of you and deliver it to your homes and so I clarified the notice of the meetings for you all
    • SPEAKER_02
    • 02:19:45
      I used to get a packet of my home.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:19:49
      Carl still has his envelope.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:19:51
      I've just got a stack of applications somewhere.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:19:57
      My wife and I, that was our together time on a Saturday.
    • 02:20:00
      So I call it the public notice of the board meeting, giving you notice of the meeting on working days.
    • 02:20:07
      and I deleted the word written.
    • 02:20:11
      I don't know what the, maybe we need to call it something else but I'm not hand delivering something to you.
    • 02:20:16
      And then I refer to public notice which is different from what you all have and so that's what those two things say.
    • SPEAKER_02
    • 02:20:24
      Do we get notice?
    • 02:20:26
      Do we get notice for our meetings?
    • James Zehmer
    • 02:20:28
      When she sends out the packet, I think that's our notice.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:20:33
      We can go back to deliveries.
    • SPEAKER_02
    • 02:20:35
      I want Kate to show up on my front door with my matcha or something in the packet.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:20:44
      and then under 3.1 I just simply added that because the question came up with the majority of the membership of the BAR and but if there's only three members appointed and at that time well then two would be a quorum so just sort of making that's a clarification may not be necessary I got a question there is
    • James Zehmer
    • 02:21:08
      So, appointed members.
    • 02:21:11
      For example, Jenny's appointed, but she's now no longer a member because she moved out of town.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:21:16
      Right.
    • 02:21:16
      She has resigned from the BAR, so that seat is vacant.
    • 02:21:20
      There are currently eight members appointed members of the BAR.
    • James Zehmer
    • 02:21:23
      Is appointed the right word, though, or is it, I guess, vacant?
    • 02:21:27
      If she's resigned, then she's not appointed anymore.
    • 02:21:30
      The current members have it up.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:21:34
      I could get the right language on that.
    • 02:21:35
      It's just that in case there was en masse resignation.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:21:40
      I think appointed makes sense to me because like with the Planning Commission we had two members that were appointed the day before our last meeting and they might not have shown up but they, our quorum suddenly became more because those two members were finally appointed.
    • 02:21:56
      Those would also be current members.
    • 02:21:58
      Yeah, I think so.
    • 02:22:00
      I'll get to working on that.
    • SPEAKER_02
    • 02:22:02
      The appointed also encourages us to give a rehear and to enforce the attendance.
    • 02:22:10
      We've had that people remember owner of the property in the commercial district that, I won't name names, but there were two different members, especially one in particular, with the initials HS, who never showed up.
    • 02:22:25
      But then because he was appointed, it would make our quorum higher.
    • 02:22:30
      and you know our ability to get a majority to vote.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:22:38
      It's a good Charlottesville trivia question.
    • 02:22:40
      How many members of City Council voted to do the downtown mall?
    • 02:22:46
      Wasn't it three to two?
    • 02:22:47
      I thought it was like
    • 02:22:48
      So many people recused themselves for various reasons, like one or something.
    • SPEAKER_14
    • 02:22:53
      Jenny, what was it?
    • 02:22:54
      Excuse me?
    • 02:22:55
      How many people actually voted on council?
    • 02:22:57
      Two.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:22:57
      Yeah, because of all these recusals.
    • SPEAKER_14
    • 02:23:01
      So I'm just trying to... What is our moral requirement?
    • James Zehmer
    • 02:23:07
      The majority.
    • 02:23:08
      We currently have eight members, so it would be... Five.
    • 02:23:13
      Five, until we fill our vacancy.
    • SPEAKER_14
    • 02:23:17
      And then it's still five.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:23:20
      But if someone else were to leave, we'd go down to four.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:23:23
      The things that I added, though, underneath 3.2 were, these are something some of you had asked me about.
    • 02:23:32
      And I spoke with the Clerk of Council about this.
    • 02:23:37
      If you have a policy,
    • 02:23:41
      than you can on how you participate.
    • 02:23:44
      So Carl wasn't here, wasn't present.
    • 02:23:48
      He could have called in and participated.
    • 02:23:50
      And we're going to say that, but we cannot, you all,
    • 02:23:58
      Council has allowed themselves to participate and vote remotely.
    • 02:24:05
      You all can't get there.
    • 02:24:06
      It would take some heavy lifting.
    • 02:24:08
      But I think it would be helpful to state that it's okay if Carl calls in and participates.
    • 02:24:15
      And also, I additionally stated that
    • 02:24:19
      for if someone can't attend a meeting but provides comments.
    • 02:24:22
      I mean, we already do that.
    • 02:24:25
      People call in remotely.
    • 02:24:26
      So I wouldn't want someone to say, you can't consider Mr. Schwartz's comments.
    • 02:24:30
      He's not here.
    • 02:24:31
      So I'm just clarifying.
    • 02:24:32
      And so why can't they vote?
    • 02:24:37
      They can't.
    • 02:24:38
      All I heard was no, and I went, all right.
    • 02:24:43
      And I wasn't going to debate it.
    • SPEAKER_02
    • 02:24:44
      Did the Planning Commission do it, Carl?
    • SPEAKER_03
    • 02:24:47
      I don't think so.
    • 02:24:49
      I thought someone told me last time it was state law and said you couldn't do it.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:24:57
      The answer is you can't.
    • SPEAKER_02
    • 02:25:02
      The council can't.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:25:05
      My mom said it and we're not going to argue with my mom.
    • James Zehmer
    • 02:25:09
      We're not elected officials that may have something to do with it?
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:25:13
      I can't speculate.
    • 02:25:15
      The next thing that I added, 3.6.
    • 02:25:18
      I don't know if this is necessary, but because we refer to sections of the meeting, I know the Historic Resources Committee, we kind of have a, these are segments of our meeting agenda.
    • 02:25:30
      It's not critical, but I didn't know if it was just helpful.
    • 02:25:35
      And I can keep it or leave it.
    • 02:25:38
      It's fine.
    • SPEAKER_02
    • 02:25:39
      It's helpful.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:25:41
      And then the
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:25:45
      Does this imply they have to come in that order?
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:25:48
      Well you all, according to another section I can't recall which, can rearrange the agenda.
    • SPEAKER_02
    • 02:25:58
      But it gives at least some... That's the one above.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:26:01
      Okay, gotcha.
    • SPEAKER_02
    • 02:26:05
      3.5.
    • 02:26:06
      No matter
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:26:11
      One reason I did it is there's I know like the council used to do it if something was pulled from consent it went to the end of the meeting.
    • 02:26:25
      So I'm saying we have an order to our meeting here's our order and then if something occurs and that here's where it falls.
    • James Zehmer
    • 02:26:34
      We've had it where
    • 02:26:36
      For example, we know an applicant is coming and they, you know, write traffic or bad weather or something.
    • SPEAKER_02
    • 02:26:44
      Or we went through the agenda too quickly.
    • 02:26:45
      Yeah.
    • 02:26:46
      They were told by the old Robert Times schedule that it was 7.30.
    • James Zehmer
    • 02:26:50
      That's right.
    • 02:26:51
      So I do think there's a little bit of value in having some flexibility there for special cases like that, especially on important applications where we want to hear from the applicant.
    • 02:27:01
      But I wouldn't do it, like, lightly.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:27:04
      Once upon a time, if something got pulled from the consent agenda, no matter how small it was, it went to the very end, and that was almost cruel.
    • 02:27:12
      It's like punishment.
    • James Zehmer
    • 02:27:15
      No, at least what I've done lately is we've done it right away as sort of the first new item.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:27:21
      And I think I said that somewhere in here.
    • 02:27:25
      I'm sorry, I should be reading this more closely.
    • SPEAKER_11
    • 02:27:27
      Yes.
    • 02:27:28
      Items pulled from the consent agenda will be heard prior to items in section C. Ah, sorry about that.
    • 02:27:34
      Where's that?
    • 02:27:35
      Uh, in 4, the preamble of 4.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:27:38
      Yep.
    • 02:27:40
      Which will become 4.1.
    • 02:27:41
      Yes.
    • James Zehmer
    • 02:27:45
      Her prior to items in section C
    • 02:27:49
      How are you referring to section C?
    • SPEAKER_11
    • 02:27:52
      We'll make that clear under 3.6.
    • James Zehmer
    • 02:27:53
      So it would be really prior to items in section 3.6.3?
    • 02:28:03
      Oh, shoot.
    • 02:28:04
      Right?
    • SPEAKER_11
    • 02:28:05
      Yeah, we'll make that clear.
    • James Zehmer
    • 02:28:06
      You're calling it C based on R?
    • SPEAKER_11
    • 02:28:08
      Yeah, A, B, C, D. Right.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:28:10
      I hate track changes.
    • 02:28:11
      I hate it.
    • James Zehmer
    • 02:28:12
      No, it's not a track changes thing.
    • 02:28:13
      I think it's an outlining.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:28:16
      Yeah, they're not three.
    • 02:28:16
      Outlining.
    • James Zehmer
    • 02:28:17
      Yes.
    • 02:28:17
      It's A, B, C, D. We understand what you mean, but yeah, for clarity, we should get that corrected.
    • 02:28:23
      Okay.
    • 02:28:23
      Thank you.
    • 02:28:24
      I also just circle back to, on the next part,
    • 02:28:27
      Section 4, we already had a healthy discussion on that.
    • SPEAKER_10
    • 02:28:30
      Could I shift back to 3.5?
    • James Zehmer
    • 02:28:32
      Yes, ma'am.
    • SPEAKER_10
    • 02:28:33
      Sorry.
    • 02:28:36
      Oh, no, the 3.4.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:28:37
      3.4.
    • SPEAKER_10
    • 02:28:39
      I guess there was a moment in one of the 7th Street meetings when Mr. Matthews mentioned he thought I should recuse myself.
    • 02:28:49
      I'm just curious that I should.
    • 02:28:53
      You weren't here.
    • 02:28:55
      I live in the neighborhood of Fifeville.
    • SPEAKER_02
    • 02:28:59
      He actually said she's biased and that she should remove herself.
    • SPEAKER_10
    • 02:29:02
      He used the word biased.
    • 02:29:04
      I guess I just want to understand what this personal interest of any kind means.
    • 02:29:13
      Ms. Lewis had offered, I thought,
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:29:17
      So there's two ways to tilt on this.
    • 02:29:21
      Here's what the state code says and just refer to it.
    • 02:29:26
      And Sherry, you would ask the question and I'm going to get, again, they'll look at this.
    • 02:29:34
      But my response to all, anybody on the
    • 02:29:39
      This board who has asked me over the years, I've A, said a, by the state code, a conflict of interest is that if you will, will you gain or lose from this decision, you know?
    • 02:29:54
      And financially, you know, do you have an investment backed expectation in the outcome of the BAR's decision?
    • 02:30:05
      That's the sort of true sense of conflict of interest.
    • 02:30:10
      But I also know that there are times when folks say, this is my, my mom's the applicant.
    • 02:30:16
      I don't feel comfortable or, you know, and I have always said to be our members, if you're not comfortable, you know, we're not, I don't want to bludgeon anybody to, now I would, we did have something a year or two ago where a lot of people were stepping back and it's like, I, I need,
    • 02:30:37
      We need to have a discussion about this.
    • 02:30:38
      I need a vote.
    • 02:30:39
      I know you may not be comfortable with it, but some of it was even like, oh, I had done work for that architect in the past or that builder in the past.
    • 02:30:48
      So yeah, it's not a conflict of interest.
    • 02:30:51
      So just trying to distinguish between the legal term is if you stand to make or lose money, don't participate.
    • SPEAKER_02
    • 02:31:00
      I guess to Kate's question, because these are bylaws and bylaws are rules of governance,
    • 02:31:07
      should we insert a provision about recusal, like voluntary recusal, like if Kate did decide, hey, this is just too white hot, and this is right across the street from me.
    • 02:31:18
      And I've been out there picketing the applicant every day or whatever.
    • 02:31:24
      And there was probably more to that.
    • 02:31:28
      And I had an applicant in the last year.
    • 02:31:32
      I represented a party adverse to the applicant.
    • 02:31:36
      I participated the last time they came before us because it was a slightly different thing.
    • 02:31:42
      But I felt personally, unlike Kate, who was not biased, I was so biased against the applicant that I knew that I couldn't.
    • 02:31:53
      And I didn't tell the applicant that.
    • 02:31:54
      I was trying to be kind about it.
    • 02:31:57
      But he knew I recused.
    • 02:31:59
      And he didn't contact me outside the meeting and ask for anything.
    • 02:32:02
      He knew because I had gained such
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:32:05
      I think what I'm hearing is what we need is something that says for voluntary recusal what are
    • 02:32:25
      Not saying, you know, here are the 800 reasons you can do it, but there are reasons when someone recuses himself voluntarily that's different from a conflict of interest.
    • SPEAKER_02
    • 02:32:36
      Well, I was just going to say the procedure should be that you announce it, you know, before the, when the chair raises the application, you announce it then and you step down off the dais, maybe you should go out of the room, I don't know, you know, but just how it's handled is what I would want to put in here.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:32:50
      Got it.
    • SPEAKER_02
    • 02:32:50
      Maybe not necessarily the reasons why we do it because that might
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:32:53
      This is only saying you may recuse yourself.
    • 02:33:04
      This isn't going into the whole what constitutes a conflict of interest.
    • 02:33:09
      So I think it's if you're asking like what what a lot
    • SPEAKER_10
    • 02:33:13
      It also seems like it's saying that anyone in the meeting can request a determination by the city attorney to say so an applicant could say
    • 02:33:29
      to the city attorney, actually, like she shouldn't be able to vote on this.
    • James Zehmer
    • 02:33:34
      I mean, it does reference the Code of Virginia, Section 2.2, 3100.
    • 02:33:39
      So I don't know if there's language there.
    • SPEAKER_02
    • 02:33:42
      There is language, and I think what Jeff has in, I mean, I suggested it, but what Jeff has in here reflects the code language.
    • 02:33:49
      It's really just like, financial statement in the outcome of the decision.
    • 02:33:54
      Maybe one way or another, it could be against or for, frankly.
    • 02:33:59
      Gotcha.
    • 02:33:59
      I commented to Jeff, and I don't feel strongly about it, but it says the Commonwealth Attorney, and that's actually a prosecutor.
    • 02:34:10
      That's not the city attorney.
    • 02:34:13
      That's a Commonwealth.
    • 02:34:15
      Joe Platania is going to determine whether I can vote on this.
    • 02:34:18
      Does he have time to do that?
    • James Zehmer
    • 02:34:20
      Well, right.
    • 02:34:20
      And I mean, it seems like this could completely sink a meeting.
    • SPEAKER_02
    • 02:34:23
      And he's a criminal prosecutor.
    • James Zehmer
    • 02:34:23
      I don't know his opinions about that.
    • 02:34:26
      But I feel like this also, it's almost like that needs to be brought up before the meeting itself.
    • 02:34:32
      Because if you're going to sit here in the middle of a meeting and ask for a ruling from a city attorney, there's no way that's going to happen.
    • SPEAKER_02
    • 02:34:40
      We used to have city attorneys occasionally appear here when we had like a hot application that might be appealed or something and maybe they watch remotely now you know they could be but yeah that was my question is it kind of like a grind everything to a complete haul
    • James Zehmer
    • 02:35:01
      I mean, correct me if I'm wrong, my opinion and the way I read this is that if you know that you have a financial conflict of interest, it's on you to say so and recuse yourself.
    • 02:35:15
      Or right then, when that item comes up, like Ms. Lewis said.
    • 02:35:20
      And I think that if it's a personal recusal, I don't know if we need to codify that in any sort of
    • 02:35:30
      In the bylaws, I mean, is that not just common practice for board meetings in general?
    • 02:35:36
      Is that not under the sort of, like...
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:35:41
      Like if you abstain from a vote, you can't.
    • 02:35:44
      But I think when someone says, you know, in Ms. Lewis' circumstances, where she said, I'm removing myself from this, that was done prior, and it wasn't, you know, she'd say, I'm just going to sit up here and listen.
    • James Zehmer
    • 02:35:58
      And that was, yeah.
    • 02:35:59
      Or I've had a conversation with the chair.
    • 02:36:01
      and therefore I'm going to recuse myself.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:36:04
      Right, but then you remove in the process and when it's done...
    • SPEAKER_02
    • 02:36:08
      But then I can't sit up here and that you have to do it before, like I don't hear the whole discussion and I'm like, oh this is going the other way or this is not going my way, I'm going to now decide I'm going to recuse myself.
    • James Zehmer
    • 02:36:20
      No, it needs to be at the beginning of the discussion.
    • SPEAKER_02
    • 02:36:22
      So I just phrased that because recusal is not currently in here, voluntary, self-recusal.
    • James Zehmer
    • 02:36:28
      Do we feel like it needs to be?
    • 02:36:30
      or is it just that that's a standard practice on boards in general?
    • SPEAKER_14
    • 02:36:34
      I don't think it is.
    • 02:36:36
      I mean, I've seen this.
    • 02:36:39
      It happened in Louisa.
    • 02:36:40
      A board member's son was a developer and he was doing a big project.
    • James Zehmer
    • 02:36:48
      That's a conflict of interest.
    • SPEAKER_14
    • 02:36:48
      The board member did not have a direct financial interest in this, but he recused himself because he said for the
    • 02:37:00
      Right, and I think it's appropriate.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:37:05
      The thing that I didn't realize is when people have said I'm recusing myself or I'm, you know, Miss, you said to me, well, they leave the room, right?
    • 02:37:13
      I'm like, oh, they're supposed to?
    • SPEAKER_02
    • 02:37:15
      Well, that's the other thing.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:37:16
      Yeah, so you say if you're recusing yourself, this is different from abstaining, but if you're conflict of interest or you're recusing yourself.
    • 02:37:25
      You are not participating in that discussion.
    • SPEAKER_02
    • 02:37:28
      You also... Well, I didn't know we should leave the room, so I sat in the back of the room.
    • James Zehmer
    • 02:37:34
      Yeah, I mean, I think probably you're supposed to.
    • 02:37:36
      So, I mean, I guess, okay, so to make it clear, why don't we add a little language in here, perhaps, under the...
    • 02:37:43
      Maybe it's a new 3.5, right, that bumps the others to 3.6?
    • 02:37:49
      It says, voluntary recusals, any member may recuse themselves voluntarily if they have a personal conflict with the application or something like that, I don't know.
    • SPEAKER_02
    • 02:38:02
      I would just say if they can't carry out their duties as a board member, you don't have to say why.
    • James Zehmer
    • 02:38:09
      Because why isn't that murky bias.
    • 02:38:12
      I guess I was just trying to differentiate between a true conflict of interest.
    • SPEAKER_02
    • 02:38:18
      If they feel they can't participate, you know, or they prefer not to participate.
    • 02:38:24
      I think the reason to have it in the bylaws and then have a procedure on how to do it is so that an applicant doesn't impeach a decision we make because I sit up here and I listen and then I'm like oh I'm out of here and then it looks bad for him.
    • 02:38:42
      It looks like he's losing support or whatever.
    • James Zehmer
    • 02:38:44
      I think you should say that if any member feels they need to recuse themselves they should do so at the outset of the agenda item.
    • 02:38:53
      and they should leave the room until that agenda item has been fully closed.
    • 02:39:00
      At which time staff will go and bring them back into the room.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:39:08
      There used to be TVs out there.
    • 02:39:09
      I haven't been out there for a while.
    • James Zehmer
    • 02:39:10
      No, just say at which time a staff member will go and bring them back into the meeting.
    • SPEAKER_02
    • 02:39:17
      or leave them out there.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:39:19
      The sergeant at arms retrieves them.
    • 02:39:22
      The bailiff will go get them.
    • 02:39:23
      One thing that's amiss on this though is that I think what this is also saying, this is saying if you have some sort of personal interest, even if it doesn't cause you to recuse yourself, this is saying you need to disclose it.
    • 02:39:37
      So just to make sure that's not missed by this.
    • 02:39:40
      Because it goes into personal interest, but then it says you have the option of recusing yourself.
    • 02:39:43
      Yeah, it's sort of funny that there's...
    • 02:39:45
      So it is kind of just saying you need to make sure you disclose any sort of interest ahead of time.
    • 02:39:49
      Yeah.
    • 02:39:50
      Which I think is good policy just for having...
    • James Zehmer
    • 02:39:53
      I mean, you used the example of Theo Van Groll like having his own house as an application and he still sat on the BAR and voted on it.
    • SPEAKER_02
    • 02:40:00
      He's the chair of the BAR, I heard.
    • 02:40:02
      And he voted on Ron Bailey's house.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:40:04
      Interesting.
    • 02:40:04
      Was it yours?
    • 02:40:05
      Mike Goldstein had to have his wife present, and he had to go sit in the hallway when they were doing all of his projects.
    • SPEAKER_04
    • 02:40:12
      It is sort of funny, the word nay.
    • 02:40:15
      It says, basically, if I'm reading this right, even if I have a financial interest, I may disuse myself, or I may not.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:40:21
      No, but then it says at the very end, it refers to the state code, where if you have a financial interest, you do have to.
    • 02:40:29
      OK.
    • SPEAKER_02
    • 02:40:32
      I had recommended that we adopt wholesale the Virginia Code language that says you're out of there if you do.
    • 02:40:38
      And that would, anyway, that wasn't taken.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:40:46
      And the only other item I really want to get your feeling on is item, at least on mine, is item five.
    • 02:40:53
      And this was at the recommendation of some of you to clarify the training.
    • James Zehmer
    • 02:40:59
      So those one-hour training videos you sent us were very helpful.
    • SPEAKER_10
    • 02:41:04
      Yeah.
    • James Zehmer
    • 02:41:05
      You want to continue to do that, I think we'll be able to fulfill this requirement more easily.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:41:09
      I think this is the first year we hit, except for one, half hour.
    • 02:41:16
      I also like that it clarifies the importance of the CLG that I think it's helpful that we have that in there.
    • 02:41:26
      I asked DHR if there is a time requirement.
    • 02:41:30
      Some states do four hours, some don't say.
    • 02:41:35
      Virginia Department of Historic Resources, who administers this program, and Kate and I are right now working on our annual report to them.
    • 02:41:43
      says that one hour is appropriate.
    • 02:41:48
      Every year DHR has, and usually in October or November, has a couple of workshops.
    • 02:41:57
      This past November we went to Hopewell for a day-long session.
    • 02:42:02
      I think it's the third one I've been to.
    • 02:42:05
      typically intended by the professional staff, but a lot of BAR members from localities are there.
    • 02:42:11
      So we'll see when that comes out next time.
    • 02:42:15
      But I think the way I will try to do it for this coming year is to say, let's have some sort of one hour here.
    • 02:42:25
      And then we knock it out, because it's
    • 02:42:30
      They've been very lenient with us.
    • 02:42:32
      All right, I'm going to get all these and share the edits and we'll just keep moving forward.
    • 02:42:38
      Thank you.
    • 02:42:39
      What happened?
    • James Zehmer
    • 02:42:40
      Nothing.
    • 02:42:41
      All right.
    • 02:42:44
      Let's stay here.
    • 02:42:45
      Kate, can you...
    • 02:42:45
      Does anybody want a bathroom break?
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:42:47
      Yes.
    • James Zehmer
    • 02:42:47
      All right, we're going to take a...
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:42:49
      I was fighting it, though.
    • 02:42:49
      Well, what else is there?
    • James Zehmer
    • 02:42:51
      The scenarios, which I think we need a bathroom break before we go into any sort of scenario or trust fall activity.
    • 02:42:59
      Let's take 10.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:43:00
      It's going to be B.A.R.
    • 02:43:01
      Dunsons and Dragons.
    • 02:43:03
      Let's take 10.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 02:43:05
      I'm scared.
    • 02:43:06
      I'm confused.
    • James Zehmer
    • 02:43:07
      He's got minor historic review scenario planning as a topic.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:54:15
      We're back in session.
    • 02:54:17
      I was talking to Ms. Lewis.
    • 02:54:18
      It seems odd to discuss the BAR awards on live on channel 10.
    • 02:54:27
      So I'm not sure how best to do that.
    • 02:54:29
      We don't have to do it tonight.
    • 02:54:30
      I know we talked about a short meeting.
    • 02:54:32
      I want to keep it short.
    • 02:54:38
      Let's communicate.
    • 02:54:40
      I'll just put back out there again some of the ideas.
    • 02:54:42
      If you have some ideas, let's circulate them.
    • 02:54:45
      I mean, it's not that it's not public.
    • 02:54:46
      Somebody can demand to see it.
    • 02:54:48
      But I think it's odd to talk about granting an award to someone and deciding on an award.
    • SPEAKER_02
    • 02:54:54
      Well, it's such an extraneous kind of optional award anyway.
    • 02:55:00
      And we're not required to do it.
    • 02:55:02
      So to sit here and go.
    • 02:55:04
      Hey what do you think about the House on 2nd and then no I think it's ugly or it didn't turn out well or they didn't do what they're supposed to do and those sort of public comments you know are hard so that's why.
    • James Zehmer
    • 02:55:16
      So I mean in the past I feel like we've done it in the pre-meeting.
    • 02:55:20
      Is that a more acceptable time?
    • 02:55:21
      I mean, it's a public meeting, but it's not on live stream TV.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:55:26
      That's reasonable.
    • 02:55:27
      So I would say give some thought.
    • 02:55:29
      And then next month at the pre-meeting, we can have that conversation.
    • 02:55:33
      And if it seems like it's an uncomfortable moment, we can talk about that.
    • 02:55:38
      But I've only heard one recommendation, and I think we're good on that.
    • 02:55:42
      But if that's all we have, then we'll talk about that at the pre-meeting next week.
    • SPEAKER_10
    • 02:55:47
      So these are projects that have been completed.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:55:49
      The project that, yes, it has been.
    • James Zehmer
    • 02:55:53
      That came to us.
    • 02:55:54
      It came to us.
    • 02:55:56
      Is there any way y'all can send us a list?
    • SPEAKER_11
    • 02:55:58
      It's a secret.
    • James Zehmer
    • 02:55:59
      That'd be helpful.
    • 02:56:01
      Don't drive around.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:56:01
      Nobody knows who won the Oscar until they open the envelope.
    • SPEAKER_02
    • 02:56:05
      That's not what I mean.
    • 02:56:08
      My last one on the BAR that we recognized that didn't come before the BAR.
    • 02:56:12
      It could have been somebody who doesn't have an IPP, not in a district, but they did a really good job rehabbing or renovating something that we wanted to recognize.
    • 02:56:23
      That's another category.
    • 02:56:26
      There's also, forgive the term, but we did kind of a lifetime achievement award for Mary Joy Scala.
    • 02:56:35
      We recognized Gabe Silverman for like outstanding restoration work, you know, as a local property owner and then he refused to accept the award.
    • 02:56:45
      We invited him for like three meetings, you know, because Gabe was so orgy and he just was like, no, I don't want to, I don't like you guys.
    • 02:56:54
      So anyway.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:56:55
      and irony of ironies.
    • SPEAKER_02
    • 02:56:57
      But we also can recognize a person, a player, a professional.
    • 02:57:02
      I'm trying to think of who else we've recognized like that in the past.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:57:08
      In the 1980s, city council awarded a preservation recognition to the folks who owned 1301 Portland
    • 02:57:18
      restoration and rehabilitation of that building.
    • 02:57:20
      So here you go.
    • SPEAKER_02
    • 02:57:23
      We recognized Herman Key served on the Planning Commission with me.
    • 02:57:31
      And it was my idea to name the Rec Center after him.
    • 02:57:36
      Because it's been around, but they were renaming it for some reason.
    • 02:57:40
      And I don't know why.
    • 02:57:41
      But all of a sudden, we were like, you play.
    • 02:57:43
      I played wheelchair basketball there four nights a week.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:57:47
      That he's not recognized within the building is still startling.
    • 02:57:52
      But that's another discussion for another committee.
    • 02:57:55
      And Kate and I have been toying with that one.
    • 02:57:57
      So what I wanted to just share with you all is- She would always have a beer at Miller's before our meetings.
    • SPEAKER_02
    • 02:58:02
      I was fascinated.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:58:04
      Oh, before the planning.
    • SPEAKER_02
    • 02:58:05
      And I know this is a public meeting, but for the rest of the soul, I went to his open casket funeral.
    • 02:58:10
      I was a good friend of mine.
    • 02:58:13
      It's like, how do you have a beer and sit through a four-hour planning commission meeting?
    • 02:58:16
      I'm like, that's a righteous person.
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:58:18
      Yeah, I couldn't.
    • 02:58:19
      Sorry, I digress.
    • 02:58:23
      What I wanted to share with you all and follow up on, for one, Kate and I have kind of been pulling together, because of the system with which we have applications, we've been able to get a better look at what
    • 02:58:43
      what we've looked at over the last year and we there was a lot went through you all had I think your applications of what you reviewed were up but we're also what we wanted to share is that there
    • 02:58:59
      A lot comes to us that you never hear about, that you never see.
    • 02:59:03
      And I didn't necessarily want to say, what do you think of this?
    • 02:59:06
      So I didn't want to say, this isn't coming to you as a scenario.
    • 02:59:09
      Are you OK with it?
    • 02:59:10
      But certainly, if I show you something here and you're like, wait a minute, let me ask you a question, that's fair game.
    • 02:59:17
      But I just went through the last two years, tried to organize best I could.
    • 02:59:23
      It's not everything, but there are a few repeat themes to show you how we treat things when they come in.
    • James Zehmer
    • 02:59:30
      Just a quick question.
    • 02:59:31
      Yes.
    • 02:59:31
      By minor historic reviews, is that the same as administrative approvals?
    • Jeff WernerHistoric Preservation & Design Planner
    • 02:59:39
      I wish it was.
    • 02:59:41
      We used the term too loosely and so in our current code, so let's just take the current code forward.
    • 02:59:50
      Our current code has a minor historic review and that's where we look at it at a staff level, administratively approve it.
    • James Zehmer
    • 03:00:03
      But it's not a COA?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:00:05
      It is a COA.
    • 03:00:09
      people we used to use the term administrative review incorrectly and it was the hey are you okay with it as the first several things I'm going to show you where I say yeah I'm fine do it that's we can call it administrative but it's not in the in a sense of the word of a formal COA you can have a minor review by staff or a major review by you all or a council I guess maybe not asking the question correctly
    • James Zehmer
    • 03:00:40
      Is administrative approval like just a term we shouldn't use anymore?
    • 03:00:43
      Is that what you're saying?
    • 03:00:44
      I think it would be helpful if we did.
    • 03:00:46
      I'm happy to not use it.
    • 03:00:47
      I just want to make sure it wasn't something different.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:00:49
      I just don't like saying email OK, because that sounds... That's not a COA.
    • 03:00:55
      That's not a COA.
    • SPEAKER_11
    • 03:00:57
      So I don't know what to call those.
    • 03:00:59
      Email authorizations are not COAs.
    • 03:01:01
      And so for transparency in the permit portal, like a minor COA application,
    • 03:01:05
      It's a permit.
    • 03:01:06
      It says COA application and it'll say whether or not it has been referred to the bar.
    • SPEAKER_14
    • 03:01:12
      So if somebody shows up in your office and they are in a
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:01:20
      Let's go to the video tape.
    • 03:01:26
      Slide one.
    • 03:01:29
      Queen Charlotte building, Jefferson Street, High Street, they were changing their plants.
    • 03:01:37
      I said, I'm calling it maintenance repair.
    • 03:01:44
      I sent them an email and said, thank you for the drawing.
    • 03:01:47
      This looks fine.
    • 03:01:49
      You can proceed.
    • 03:01:51
      And I called it an email OK, because I don't know what to call it.
    • 03:01:54
      But I don't feel like I can say to someone, you're taking care of your property.
    • 03:02:02
      I'm not going to say, fill out this form and give me a $100 check.
    • SPEAKER_04
    • 03:02:05
      That's what would be required for a COA.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:02:09
      In a pure sense, right.
    • 03:02:11
      And so for a minor or administrative review per the code, it would be a fee and it would become a formal application.
    • 03:02:18
      I just think if I can keep things moving, you're doing what we want you to do and I can resolve this in 30 seconds.
    • 03:02:29
      So this would be an email, okay.
    • SPEAKER_14
    • 03:02:33
      They showed up with that picture.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:02:36
      They communicate with me and we do it with an email and this is the piece Kate and I are trying to capture is what do we call this?
    • 03:02:44
      So when at the end of the year I tell my boss, yeah, I think I got 457 inquiries and we had thought about saying, well, let's tell people
    • 03:02:53
      go into the portal and enter it in.
    • 03:02:56
      Well, now you're asking someone to fill out a form, just not write a check.
    • 03:02:59
      And I'm saying yes.
    • 03:03:01
      And so the next example would be, so I've gotten where Sherry recognizes the building, a replacement of a roofing cot.
    • 03:03:16
      And that to me has made it to repair.
    • SPEAKER_04
    • 03:03:18
      So are you asking just for what you should call this?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:03:21
      No, no.
    • 03:03:21
      I'm just sharing with you what we do or what we're up to.
    • 03:03:26
      So, like to Jerry's question, someone comes in to me and says, here are some examples of the questions I get.
    • 03:03:33
      And I have to weigh, is this
    • 03:03:35
      Is this a COA or is this maintenance repair?
    • 03:03:39
      Is this a decision?
    • James Zehmer
    • 03:03:40
      As long as this roof doesn't have a clip-on cap.
    • 03:03:44
      What's that?
    • 03:03:44
      I said as long as it does not have a clip-on cap.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:03:47
      So I'm always fairly and that's why I like to do it even with these I still do it by email so that I you know we have a record of it and I'm telling people and you're going to do it this way.
    • 03:03:58
      You know, the next one, another example, this was, they wanted to fix their stairs.
    • 03:04:04
      They said, well, what are you fixing?
    • 03:04:05
      And they said, well, these are treks.
    • 03:04:07
      These are treks stairs that BAR approved a couple of years ago.
    • 03:04:09
      I was like, why did you, you know, these were, I want to say, why did you even ask?
    • 03:04:14
      But you know, at least so I can, I get a lot of these and I'm glad people ask.
    • 03:04:18
      I mean, it's, it's, it's good.
    • 03:04:19
      This is a, the IPP Cardinal Hall.
    • 03:04:22
      They were changing out their security lights.
    • 03:04:25
      They were fixing some rotten, some windows.
    • 03:04:27
      Take maintenance and repair, take care of it.
    • 03:04:31
      Here's one where at Charlottesville Towers, where I don't know if any of you have been in that back there, but it's one of those lost alleys and it's a mess back there.
    • 03:04:43
      And they're just trying to clean up the drainage, everything washing down into the lower floor.
    • 03:04:48
      So I said, fix it, take care of it.
    • 03:04:53
      I don't need, the BAR does not need to review your
    • 03:04:57
      erosion mitigation.
    • SPEAKER_14
    • 03:05:01
      The next thing we get to are... Now a lot of people are going to do it and never come and ask you.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:05:07
      And that's right and that's why I try to do it because the minute I say yeah if you want to fix your gutters or you want to do something you need to fill out this form.
    • 03:05:16
      Now these are a little bit different from maintenance and repair.
    • 03:05:20
      These are
    • 03:05:21
      where you all have things change on a construction site.
    • 03:05:26
      And maybe because of my background, I'm a little bit uniquely positioned to look at these things.
    • 03:05:32
      But the next two are actually from the house on Hartman's Mill Road, where quite a few projects came through.
    • 03:05:40
      You all had approved replacement of a bunch of the windows.
    • 03:05:44
      And they had hoped to salvage this one.
    • 03:05:47
      But when they took it out, it was in bad shape.
    • 03:05:51
      really wasn't, so I said you're fine, we've looked at other things, they've been working with us on so much, go ahead and you can do another window and also here where you all had okayed adding a window and an opening and they're closing the door, putting in a window and they said well can we just, we don't want to even do, we're just going to have a wall there, it's the bathroom.
    • 03:06:17
      It's where I can make a judgment of this is consistent with, I'm okay with it, with what was in the COA.
    • 03:06:27
      It's not an application, it's just me responding.
    • 03:06:30
      Then, you know, other things like this at the IPP over on 10th Street, they wanted to put some shelving out there for
    • 03:06:40
      Some temporary shelving.
    • 03:07:00
      They were talking about removing those panels or painting the panels the same color.
    • 03:07:05
      And I said, those aren't original.
    • 03:07:09
      You're fine.
    • 03:07:10
      Just tell me what you end up doing.
    • 03:07:12
      So now we get to the true minor historic reviews.
    • 03:07:17
      And so the first two are, as most of you know, the code allows
    • 03:07:23
      a minor review of something that is a real rehabilitation tax credit project being done with DHR.
    • 03:07:33
      Now this one at the top of Second Street, I don't know what's happened, it's sputtered, but this and then the next one.
    • SPEAKER_02
    • 03:07:40
      Other clients of mine, they're about to rev up again.
    • 03:07:44
      Good, good.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:07:46
      They had some other projects.
    • SPEAKER_02
    • 03:07:49
      Only because their names are on the top, I figured I could say that.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:07:53
      And this one, just another one of Mr. Spurson's projects, which he's taken advantage of tax credits, or I don't want to say taken advantage, he's used tax credits to maintain and rehab historic buildings.
    • 03:08:07
      It's always nice to work on those.
    • SPEAKER_02
    • 03:08:10
      What's the age of that though?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:08:12
      I think it's the 1930s.
    • 03:08:13
      Really?
    • 03:08:14
      Yeah.
    • 03:08:16
      And it's similar to the buildings that UVA tore down over there behind the hospital.
    • 03:08:22
      Now, here is a minor review on an IPP.
    • 03:08:25
      This is Silk Mill, but it's on the new edition, or, well, the contemporary edition.
    • 03:08:30
      They were adding ramps.
    • SPEAKER_04
    • 03:08:32
      So on this minor review, they are applying formally, and they're paying a fee, but we're not seeing it?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:08:40
      No.
    • 03:08:41
      No, unless I really feel
    • 03:08:43
      Awkward.
    • SPEAKER_11
    • 03:08:44
      At the end of a meeting, would you say like, hey, what about this?
    • 03:08:51
      Yeah, right.
    • 03:08:51
      Do you guys want those ones?
    • James Zehmer
    • 03:08:52
      Doric, fine Doric porch, go ahead.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:08:54
      And then next, this is some lights.
    • 03:08:57
      They added some lights to the, oh, what's the name of the, why can't I think of the name of it?
    • 03:09:04
      Macklin.
    • SPEAKER_02
    • 03:09:05
      Macklin, yeah.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:09:07
      So something like this.
    • 03:09:09
      Now if this were a,
    • 03:09:13
      The Dinsmore House on West Main, absolutely.
    • 03:09:17
      I don't care how minor it is.
    • 03:09:18
      You all are going to see it.
    • 03:09:21
      This is at Beth Israel.
    • 03:09:25
      Done a lot of work over the last several years in their courtyard.
    • 03:09:29
      They were adding some additional lights.
    • 03:09:33
      We went through the site plan review.
    • 03:09:34
      They did a photometric analysis and all that.
    • 03:09:37
      So I was comfortable looking at this one.
    • 03:09:43
      And as you all know, I get to review vendor carts and cafe spaces.
    • 03:09:47
      Those are typical minor reviews.
    • 03:09:50
      There's some MCS or something going on there.
    • SPEAKER_11
    • 03:09:53
      It looks like a leather project.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:09:58
      And I mean, it's quite a machine.
    • 03:10:01
      He's on the mall.
    • 03:10:02
      He was very excited about this, and it was pretty cool.
    • 03:10:06
      And so awnings and things like that, we can approve, and we do.
    • 03:10:14
      What else?
    • 03:10:16
      cell towers, or not cell towers, cell wireless sites.
    • 03:10:22
      By law, we cannot deny an existing wireless site
    • 03:10:33
      we can't prohibit expansion of an existing site, so to speak.
    • 03:10:37
      So what we do is, and this one is not the best example, the next one's a better one.
    • 03:10:43
      This is the big tower on West Main.
    • 03:10:46
      We can at least require an administrative review, and that lets us have a record of what's going on.
    • 03:10:52
      So they're not just out hanging stuff.
    • 03:10:55
      We can say, all right, what's there and what's being added, and is it changing significantly?
    • SPEAKER_14
    • 03:11:01
      Was that state law?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:11:04
      There was a federal law.
    • 03:11:06
      It was the very last page of the Obama administration's, what was it, that recovery bill, very last paragraph.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:11:15
      Are we still allowed to require the stealth enclosures around them and things like that?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:11:22
      If it's a new facility, you can.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:11:26
      Even if it's expanded, you can't acquire the?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:11:31
      Like, we could not, I couldn't, as I understand it, and I'm welcome to be wrong, I could not say to them, yeah, I'll let you do this, but you have to conceal those.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:11:42
      Okay, what about the apartment building on?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:11:45
      They were already concealed.
    • 03:11:46
      They were simply changing out and it was going to be a stealth cover.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:11:52
      Okay, so it was already concealed, okay.
    • 03:11:54
      So that's where, because yeah, we had the
    • 03:11:56
      The Hampton Inn I think has a bunch of fake chimneys and we allowed them to add a new one at some point.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:12:01
      So like the top of Monticello Hotel is just constantly being...
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:12:06
      Tweaked and upgraded.
    • 03:12:08
      Was that you or Mary Joy that was part of that?
    • 03:12:11
      Which part?
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:12:12
      We all got a tour up there at one point.
    • SPEAKER_02
    • 03:12:14
      Oh, really?
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:12:15
      That must have been Mary Joy.
    • 03:12:16
      I like that.
    • 03:12:17
      Yeah, they told us not to walk in front of the arrays right after I walked in front of the arrays.
    • 03:12:24
      They explained a couple things that happened.
    • SPEAKER_02
    • 03:12:26
      And you had been the same thing.
    • 03:12:27
      I explained a few things.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:12:30
      Again, in a conservation district, a lot more latitude for minor review.
    • 03:12:36
      This one, they were doing the offense.
    • 03:12:40
      This is where we had the porch change a couple years ago.
    • 03:12:43
      And so, as long as it meets the guidelines, I sign off on it.
    • 03:12:49
      West Main,
    • 03:12:51
      and this is where non-historic building, yes, you all approved it.
    • 03:12:56
      I say as long as you're consistent with what the design that's there, minor review.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:13:04
      That building, you need to pay attention to the lighting that they keep doing on that building.
    • 03:13:09
      It keeps changing and getting a lot brighter and a lot bluer.
    • 03:13:12
      Is this the?
    • 03:13:12
      Every time they update when they start.
    • SPEAKER_02
    • 03:13:13
      What is it?
    • 03:13:14
      Across from?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:13:17
      The flats.
    • 03:13:17
      It's the flats, this is the flats.
    • 03:13:20
      World of beer.
    • SPEAKER_02
    • 03:13:22
      What do you mean, the standard?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:13:23
      Standard's on the north side, this is on the south side.
    • SPEAKER_02
    • 03:13:25
      Oh, this is the flats?
    • 03:13:26
      Yeah.
    • 03:13:27
      Okay.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:13:28
      This was Kate's first COA review.
    • 03:13:32
      I thought it was.
    • 03:13:32
      Oh, okay.
    • SPEAKER_11
    • 03:13:34
      She's been doing this secretly before you hired her.
    • 03:13:40
      This is something Kate has become an expert in, vehicle chargers.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:14:10
      We can figure it's prominently on the building over here on 7th Street.
    • 03:14:16
      We told them to put it in the back.
    • 03:14:18
      They did.
    • 03:14:19
      What we're working towards...
    • 03:14:27
      So I've said, you know, these things, they look like a hose bib and a hose reel.
    • 03:14:31
      I'm not going to say no to them.
    • 03:14:33
      What we would like to get to working on is to say this is something that
    • 03:14:38
      We would review as an electrical permit and just sign off on that and that would serve as the COA.
    • 03:14:45
      So we're trying to streamline a couple of those.
    • SPEAKER_02
    • 03:14:48
      It's the weirdest location for that.
    • 03:14:49
      Nobody ever parked against the back of the building.
    • 03:14:52
      You park the opposite, how the cars are parked in the other photo.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:15:04
      And that's to make sure we can record it.
    • 03:15:17
      For example, when we approve a sign permit in a district, that is a COA.
    • 03:15:22
      So we figure if we can do that for a sign permit,
    • 03:15:25
      and we can then do the same thing for some of these things like this.
    • 03:15:29
      So the next thing is you all are not looking at solar projects.
    • 03:15:35
      And these, although I think what we've looked at have been in the historic conservation districts.
    • 03:15:43
      And so as long as they follow the roof plane to the extent possible, they're not on the primary elevation.
    • SPEAKER_11
    • 03:15:51
      And these I sort of leave up to the applicant so they just go ahead and already apply for a COA.
    • 03:15:57
      There's no fee because they're in a conservation district, but a lot of times we can just do it on the solar permit.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:16:04
      So that's one of the things to streamlines.
    • 03:16:07
      Then we have of course the other reviews that
    • 03:16:16
      Like, for example, a couple of years ago, McGuffey Cottages, somebody wanted to install, what do you call that?
    • 03:16:25
      Chair lift.
    • 03:16:26
      Chair lift.
    • 03:16:27
      I said, I'm fine with it.
    • 03:16:29
      Just get a building permit.
    • 03:16:31
      And located on the building permit.
    • 03:16:34
      This is over on University Circle area.
    • 03:16:39
      This tree was split by the property line.
    • 03:16:44
      It was in a situation, I talked to the arborist, he's like, this thing should just come down.
    • 03:16:49
      And I said, fine with me.
    • 03:16:51
      I'm not going to split a tree in half, or are you, this looks like a bad situation.
    • SPEAKER_14
    • 03:16:57
      Removal of trees.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:16:59
      So, go ahead.
    • 03:17:01
      Good question.
    • 03:17:02
      So where I am with trees, the city code has a tree removal permit requirement.
    • 03:17:12
      It's a little bit,
    • 03:17:14
      I'm not sure exactly how.
    • 03:17:17
      There's some uncertainty on what the routing of that is.
    • 03:17:21
      My approach to trees is that if it's in a front yard, if it's a monumental tree, I mean if it's a significant piece of that landscape and it doesn't need to come down, it's just I don't want it.
    • 03:17:33
      I might use you all as bad cop to take a look at it.
    • 03:17:37
      But 99% of the time, it's a situation like this where someone's saying, I have to remove it, it's unsafe.
    • 03:17:46
      Or an arborist has said, these trees, a lot of the ash trees that I know, once they die, are very unsafe.
    • 03:17:54
      So I say, show me that an arborist has
    • 03:17:58
      attested to this, or in some cases an engineer has said, we got a problem.
    • 03:18:03
      And then I ask, what are you replacing it with?
    • SPEAKER_14
    • 03:18:07
      But is this tree removal anywhere in the city or just in these?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:18:11
      Well, I only look at what's in the district.
    • 03:18:13
      And then as far as where new construction goes, if something's coming in, someone's building a house or building an addition, you'll see that tree removal.
    • 03:18:21
      But I know in the past it had been the BAR's going to look at every tree.
    • 03:18:28
      I tried to just use some judgment on that.
    • 03:18:31
      I don't say, yeah, if you don't like the tree you can cut it down, but show me that it has to come down.
    • 03:18:39
      And if you're replacing with something, it has to show me that you're doing it or show me what species you're going to use.
    • 03:18:49
      I had someone call me and say, in a big storm last summer, a tree came down the side of their house.
    • 03:18:55
      Did they need to get your approval?
    • 03:18:57
      I said, no.
    • 03:18:58
      No.
    • 03:18:58
      and anyone tells you you do.
    • 03:19:01
      Now this is one where the, we had talked about this a couple of years ago, the trees were heaving the brick walls and I remember some of the comment, in fact Mr. Gaskiner had said,
    • 03:19:15
      Before you cut down trees, tear down the wall type of thing.
    • 03:19:20
      And so I worked with the applicant, a landscaping plant, a repair to that fence along the front, and then I approved it via, it required a site plan.
    • 03:19:31
      So I reviewed it via the site plan.
    • 03:19:34
      It's a wood fence now, right?
    • 03:19:36
      What's that?
    • 03:19:36
      It's a wood fence now, right?
    • 03:19:38
      Better not be.
    • 03:19:39
      It's supposed to be a metal fence with landscaping.
    • 03:19:41
      Oh, metal, OK. Yeah, just doesn't work.
    • James Zehmer
    • 03:19:43
      Well, they saved the trees.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:19:44
      To the extent we could, yeah.
    • 03:19:47
      Some of them were just like volunteers.
    • 03:19:50
      I don't even know what kind of tree, but they were, yeah, they worked with veneeries and landscaping and company.
    • 03:19:57
      So, you know, it was to get them to a result that
    • 03:20:01
      that met our concerns.
    • 03:20:03
      And then by working with her on the site plan process, then I was able to sign off on that and not treat it as a separate COA.
    • 03:20:13
      We're going to work on trying to do more like that.
    • 03:20:15
      Only a couple more.
    • 03:20:16
      Kate, what do I have?
    • James Zehmer
    • 03:20:17
      Or is that what that is?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:20:19
      So that's sort of the nickel tour of the range of things we see.
    • 03:20:30
      I mean, I really, we work for an organization and want to know, what have you been up to?
    • 03:20:33
      What are you doing?
    • 03:20:37
      To the extent we can, we try to keep track of it.
    • 03:20:39
      But yeah, a lot of times, we try to just keep things going.
    • James Zehmer
    • 03:20:42
      And so I think everything you showed us, you guys have gotten right.
    • 03:20:47
      So I've been wrong about it a couple times.
    • 03:20:51
      But everything you showed us.
    • 03:20:52
      No, that made sense.
    • SPEAKER_03
    • 03:20:54
      It's the stuff you didn't show us.
    • 03:20:56
      That's right.
    • SPEAKER_14
    • 03:20:58
      It's obviously much better for the people who are coming here to have it easily taken care of.
    • 03:21:18
      And by large, and I tell people up front,
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:21:41
      If I haven't seen it on my house, you know, the problem doesn't exist.
    • 03:21:46
      So, I mean, it's something I've dealt with.
    • 03:21:49
      And that's a filter for me is to say, all right, at my house, what did I do?
    • 03:21:53
      And use that as sort of my fairness doctrine.
    • 03:21:58
      And I'm not going to do
    • 03:22:01
      I'm not going to treat somebody more rigidly.
    • 03:22:04
      Mary Joy said there were certain things that she had said.
    • 03:22:07
      It was like a scream coefficient.
    • 03:22:10
      Who's going to scream at me more or less?
    • 03:22:13
      But I try to be fair to people, and I try to be what is it that we want to achieve.
    • 03:22:20
      And if we can get that result, that's the goal.
    • 03:22:24
      It's not about generating revenue from the BAR.
    • 03:22:28
      And that allows us freedom that when we do have things that really need your attention and time, you know, that we can focus on those.
    • SPEAKER_02
    • 03:22:35
      That's what I'm saying.
    • SPEAKER_04
    • 03:22:36
      Something's got to pay for that pizza.
    • SPEAKER_14
    • 03:22:38
      That's true.
    • 03:22:40
      Yes.
    • 03:22:40
      People in my neighborhood, which is not in ADC or a historical district, there's empty lots
    • 03:22:49
      that are there and somebody's going to come in and build an apartment or something else that's there.
    • 03:22:57
      They ask me, is there a process that the other people have to go through that the people in the neighborhood can come and talk about?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:23:07
      No.
    • 03:23:09
      It's not built that way
    • 03:23:12
      for Bywright.
    • 03:23:14
      Now, if it's a large apartment building or something, there's a scale at which it tips and there is, I don't know what the numbers are, but there's a scale which you do involve or requires a neighborhood meeting.
    • 03:23:30
      And the last thing I'll share is I know we talk a lot about the guidelines and the updates where I don't want to say I've taken a step back, because that's not what it is, but what
    • 03:23:41
      Kate and I have really been picking at this thing, trying to see what's the problem we're trying to solve.
    • 03:23:47
      And we realized that a lot of things have come to the fore, the discussions that we had about the West Main project and the Seventh Street project.
    • 03:23:57
      And I would also encourage all of you to watch last night's City Council's work session at 4.30 and the discussion they had, because it is
    • 03:24:08
      I hesitate to because I have my own biases so I would say just listen but there is a question of well
    • 03:24:24
      Let's say, what is the BAR's role when we're discussing heights of buildings and achieving the city's objectives?
    • 03:24:34
      And so where Kate and I went back, we said, let's take a step back and say, well, where are the areas that there's potential for conflict?
    • 03:24:43
      And I have a whole page of funky data where we worked with some of the GIS wizards in the city and said, each of the districts and each of the sub-areas of the districts
    • 03:24:56
      We looked at a whole bunch of stuff, one of them being, what is the zoning in each of those districts?
    • 03:25:02
      So when we say how much of the city, you know, the claim that, well, we can't build large apartments because the BAR won't let us.
    • 03:25:14
      People would be surprised how much is out there that is not under your purview.
    • 03:25:18
      It's significant.
    • 03:25:20
      And so I
    • 03:25:22
      We reached the conclusion of saying, well, we kept talking about, we've got to fix the guidelines.
    • 03:25:28
      And I go back to something Carl had said to me some time ago.
    • 03:25:31
      And it's like, our guidelines still work.
    • 03:25:34
      It's not like they're just unusable.
    • 03:25:38
      But there's a perception that, oh, I can't do this or can't do that.
    • 03:25:41
      So we're starting from now looking at, where are the really obvious conflicts?
    • 03:25:48
      and then we could talk about how to address those.
    • 03:25:51
      And another piece of it, and this came, my boss asked, said, well, what's the low hanging fruit that we can resolve?
    • 03:25:58
      And some of that's where Kate and I had this list of things that saying, things that take our time.
    • 03:26:04
      We're looking at something that, you know, explain to someone you need an application where we, can we look at this as a site plan review or a building permit review?
    • 03:26:12
      So trying to peel back and what, what, what, what's,
    • 03:26:17
      Obvious, and I know it's obvious to you all, is we don't get that many large scale projects.
    • 03:26:22
      I mean, really, it's not like, I mean, I think you've looked at four in the last couple of years.
    • 03:26:28
      Even the planning commission, it's not like, you know.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:26:31
      There was a rush right as the zoning code was being done because people wanted to get in before it.
    • 03:26:37
      And that was, I think, it.
    • 03:26:39
      Right.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:26:40
      And so people think, oh, the reason we're not seeing these large buildings
    • 03:26:44
      is because the BAR won't approve and the Planning Commission won't approve.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:26:47
      They should drive down Ivy or JPA and see some large buildings.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:26:52
      So try to get some some reality to what's the problem we're trying to solve.
    • 03:26:56
      So we are
    • 03:26:59
      We have been working on it and I can update.
    • 03:27:02
      And if any of you are data wonks, we'll share the database and you can play around with it all you want.
    • 03:27:08
      But that's the update on that.
    • 03:27:10
      But that's an update on what we've been up to in the administrative reviews, the minor reviews.
    • 03:27:17
      And if you all have any questions or concerns we can discuss.
    • SPEAKER_14
    • 03:27:20
      How do we get to look at city council's meeting?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:27:24
      Go to streaming.
    • SPEAKER_11
    • 03:27:26
      Charlottesville, Dr.
    • 03:27:28
      Or I can show you there's a widget right at the top of the main city page for streaming.
    • 03:27:37
      But it's not streaming right now.
    • SPEAKER_02
    • 03:27:40
      When is it available after the meeting?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:27:42
      It's there.
    • SPEAKER_09
    • 03:27:43
      All the meetings can be found at seavillecommunications.com.
    • SPEAKER_02
    • 03:27:46
      Could you say that again really?
    • 03:27:50
      Thank you God.
    • SPEAKER_09
    • 03:27:53
      You can find them on cvillecommunications.com.
    • 03:27:57
      Also, they're on the city website on the agendas and minutes section.
    • 03:28:00
      Most of the videos of the meetings can be found there as well.
    • SPEAKER_14
    • 03:28:04
      And how far back will it go?
    • 03:28:06
      Does it go back a year?
    • SPEAKER_09
    • 03:28:08
      At least a few years.
    • James Zehmer
    • 03:28:10
      You can't go 18 years.
    • 03:28:14
      Where do you sit during these meetings?
    • 03:28:15
      I'm just curious.
    • 03:28:16
      Back in there.
    • 03:28:17
      We don't know.
    • 03:28:18
      Behind you.
    • 03:28:19
      I don't know.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:28:23
      It's like Mary Poppins' bag inside that door.
    • 03:28:33
      Can we ask Rami questions like AI?
    • James Zehmer
    • 03:28:42
      Give directions to home.
    • SPEAKER_02
    • 03:28:47
      Rami, can you give us directions to home?
    • SPEAKER_14
    • 03:28:51
      Are you walking today?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:28:54
      Thank you all.
    • 03:28:56
      And we do need a landscape architect.
    • James Zehmer
    • 03:29:01
      Yeah, I put a feeler out to a landscape architect who lives in Earliesville, but it said he'd spread the word.
    • SPEAKER_04
    • 03:29:07
      What about the, I forgot her name, the woman that was a resident of the Fifeville neighborhood that was so eloquent?
    • SPEAKER_10
    • 03:29:13
      Shanti Levy.
    • SPEAKER_04
    • 03:29:15
      Yeah.
    • SPEAKER_10
    • 03:29:15
      Everybody, ask her to join.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:29:17
      She had a very good quote.
    • SPEAKER_10
    • 03:29:18
      Everybody, how is everybody?
    • 03:29:20
      What's that?
    • 03:29:21
      Has everybody?
    • 03:29:22
      Well, I'm encouraging you all to.
    • 03:29:25
      Can you ask her?
    • 03:29:25
      She's on the tree commission.
    • 03:29:27
      Oh.
    • 03:29:27
      So I don't know if that's too many.
    • 03:29:30
      No.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:29:30
      Jenny might be right.
    • 03:29:31
      I may have incorrectly concluded on that serving thing.
    • 03:29:38
      Because we also have someone on the HRC who had mentioned some interest.
    • James Zehmer
    • 03:29:44
      Question, though, that this person had was, do they need to be a licensed landscape architect?
    • 03:29:49
      I don't believe it.
    • 03:29:50
      Or just practicing in the field?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:29:53
      Yeah, I think it's, for some reason it doesn't say, I think the affordance, I can wipe that out, too.
    • 03:30:02
      I will check that.
    • 03:30:05
      I don't believe it does because I had to look up something the other day.
    • 03:30:08
      It says licensed architect and then it just says landscape architect.
    • SPEAKER_02
    • 03:30:12
      The reason why the name that I circulated might have been good and I think one of the reasons why I had a hard time filling this in the past is just like for licensed architects, for example, you know, when you have clients
    • 03:30:24
      and colleagues locally and then have to recuse yourself or figure out, OK, is my firm doing it?
    • 03:30:32
      I know Roger said that happened.
    • 03:30:35
      My firm is working on it.
    • SPEAKER_14
    • 03:30:37
      Not a big deal.
    • 03:30:38
      Is the appeal from Matthews going to the city council?
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:30:43
      So I am in the process of preparing response.
    • 03:30:57
      When that response is ready, I have to then
    • 03:31:00
      submitted to the clerk and the city manager and say I would like to get this on agenda and my goal is to finish that this week or early next week so that by the 30th I'm asking them to get me on agenda which and the earliest then if I hit that would be sometime in March but then it comes down to what is what does council have on its agenda it is not
    • 03:31:26
      There's no shot clock requirement for council, but I do think, I suspect they'll, I hope they'll want to look at this.
    • James Zehmer
    • 03:31:34
      So, presuming you'd like me to attend this, I would love to talk to you.
    • 03:31:41
      I have the dates, too.
    • 03:31:44
      It would either be the 2nd or the 16th.
    • 03:31:45
      You and I could chat, I don't know, just to understand what your response is going to be, because I have thoughts, too, and then
    • SPEAKER_14
    • 03:31:56
      and I saw that city council is taking up a proposal to deal with quote student housing.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:32:07
      Watch the video.
    • 03:32:10
      The staff is doing a study right now on different options for dealing with student housing and at some point it will come back to the planning commission and council for some direction.
    • 03:32:20
      But I think council may already have some ideas.
    • Jeff WernerHistoric Preservation & Design Planner
    • 03:32:24
      The conundrum is to change something in the zoning code.
    • 03:32:28
      So what we did the last time with the updating of the code was a comprehensive
    • 03:32:33
      zoning, you were able to sort of address it all.
    • 03:32:36
      But to go back now and address pieces of that, it's a different process.
    • 03:32:40
      You can't just say, hey, council decides they want to change something.
    • 03:32:45
      There is a process that is not quick.
    • 03:32:51
      And Kelly Brown, you'll see in the video, because that question came up last night.
    • 03:32:55
      So they have to follow those steps.
    • 03:32:57
      And I think council is all saying, all right,
    • 03:33:01
      not in lieu of but maybe in addition to or are there things that could be done policy-wise or process-wise that don't involve that, you know, lengthy timeline for a zoning change.
    • 03:33:16
      So that's where staff's sort of looking at it now.
    • 03:33:19
      I'm a little bit involved in that but where I need, where I'm directly involved is try and respond to
    • 03:33:30
      Again, some of the comments that were made last night that was referenced to, well, the BAR's authority to not allow something, you know, sort of paraphrasing.
    • 03:33:37
      And it's like, well, no, we don't, your authority goes only as far as council allows it.
    • 03:33:43
      So to make sure everyone understands, you know, you're all, you're not like some rogue outfit out there, you know, vetoing construction.
    • 03:33:50
      But to find out, and that's why this data is helpful, where are there conflicts?
    • 03:33:57
      And if council
    • 03:33:59
      When they look at the 7th Street project, they're going to have to decide.
    • 03:34:03
      Are they okay with a building of this height, mass scale adjacent to these two IPPs and to the neighborhood?
    • 03:34:16
      You all determined that there was too much.
    • 03:34:20
      This was out of scale with those IPPs.
    • 03:34:24
      Council gets to decide.
    • 03:34:27
      The big question is, is there a way for council to communicate to you all, hey, we really want buildings to be this tall, or we really don't want you guys to make buildings shorter, or we're with you, and I don't know how we get there.
    • Carl SchwarzPlanning Commission Representative, Board of Architectural Review
    • 03:34:47
      The Affordable Dwelling Unit Manual Study, they want to wrap that up between March and May.
    • 03:34:53
      So that'll come back to Planning Commission and Council sometime between March and May for review.
    • 03:34:58
      And yeah, they're looking at student housing and the in lieu fees and all that fun stuff.
    • 03:35:07
      One other little planning commission thing is that we just recommended a bunch of zoning changes to council and I think they're going to look at them in the middle of February, but these are just like small items.
    • 03:35:19
      There's still some things that they call tier three that'll be coming up in a year from now.
    • 03:35:25
      Planning commission and staff seem to be a little bit of a standstill on
    • 03:35:31
      There's some requirements for build-to zones that, for example, if you have an existing building, you can add on to the back of it.
    • 03:35:39
      But if you put a building behind it, then you actually have to be building in front of that building.
    • 03:35:44
      So we've had some instances where this is a little weird.
    • 03:35:48
      Basically, the philosophy of the new zoning code is to bring everything up to the street.
    • 03:35:53
      And unfortunately, that means that existing buildings
    • 03:35:56
      There's a lot of exceptions and ways around this, but generally the philosophy is construction will end up in front of those buildings, depending on how they're done.
    • 03:36:06
      So that's some of the stuff that we're trying to push back on and say, oh, I was going to create this existing building.
    • 03:36:10
      You should be able to build behind it.
    • 03:36:12
      But our zoning code is so big a role with how all the rules and regulations work that it's kind of hard to untangle all that.
    • 03:36:23
      Random little thing, but that's something to work on.
    • James Zehmer
    • 03:36:25
      Do we have a motion to adjourn?