CITY PLANNING COMMISSION CITY OF NEW ORLEANS MITCHELL J. LANDRIEU MAYOR ROBERT D. RIVERS EXECUTIVE DIRECTOR LESLIE T. ALLEY DEPUTY DIRECTOR City Planning Commission Staff Report Executive Summary Zoning Docket: 057/16 Applicant: Request: Location: Panops Corporation LLC This is a request for a Conditional Use to permit an Established Multi-Family Dwelling in an HU-RD2 Historic Urban Two-Family Residential District. 1340 Poland Ave. Summary of Proposal: Recommendation: Zoning Docket 057/16 is a request for a conditional use to permit an Established Multi-Family Dwelling in an HU-RD2 Historic Urban Neighborhood Two-Family Residential District. The proposal does not meet the definition of established multi-family dwelling or standards of Article 20, Section 20.3.W of the CZO, which requires that for an established two-family dwelling, the existing structure has been legally utilized as two-family structure for a minimum of 50 years, and that no increase in the number of dwelling units be allowed. It appears that the structure was originally used as a corner store with a rear residential unit and was later used as a two-family residence. It does not appear to have been used as a multi-family residence. Therefore, the staff is unable to support the request. The staff recommends DENIAL of Zoning Docket 057/16 a request for a Conditional Use to permit an Established Multi-Family Dwelling in an HU-RD2 Two-Family Residential District. Reasons for Recommendation: 1. The proposal does not meet the definition for established multi-family dwelling. ZD 057/16 1
2. The proposal does not meet standards number one and three of Article 20, Section 20.3.W of the CZO, which requires that for an established multi-family residence, the dwelling must have been legally utilized as multi-family structure for a minimum of 50 years and that no increase in the number of dwelling units would be allowed. ZD 057/16 2
City Planning Commission Meeting CPC Deadline: 08/13/16 Tuesday, June 14, 2016 CC Deadline: 60 days from receipt Council District: D - Brossett Zoning Docket: 057/16 PRELIMINARY STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Assistant Planning Administrator Prepared by: Valerie McMillan Date: June 7, 2016 I. GENERAL INFORMATION Applicant: Request: Location: Panops Corporation LLC This is a request for a Conditional Use to permit an Established Multi-Family Dwelling in an HU-RD2 Historic Urban Two-Family Residential District. The petitioned property is located on Square 537, Lot B, in the Third Municipal District, bounded by Poland Avenue and North Villere, Lesseps and Urquhart Streets. The municipal address is 1340 Poland Ave. (PD 7) Description: The petitioned site consists of a rectangular lot that has a width of approximately 31, a depth of approximately 108 and an area of approximately 3,348 sq. ft. The property is developed with an existing two-family residence. According to the applicant s floor plan, the structure has an area of approximately 2,020 sq. ft. The applicant proposes to use the structure as a three-unit residence. According to historic Sanborn maps, the site was utilized as a store and single-family residence in 1951 and as a two-family residence in 1968. According to permit #12BLD-02705 (see Figure 2), the site was converted from a three-unit residence to a two-family residence in August 2012. The 2012 certificate of occupancy described the work as a conversion from a tri-plex to a double. However, the plans submitted with the 2012 permit application describe the work as a duplex renovation. The existing condition plans (see Figure 1) included in the permit application are minimally labeled but appears to show only two kitchens, and are indicative of the use as double rather than a tri-plex. 1 Aside from the applicant s description of the building as a tri-plex on the 2012 building permit application, 1 The Zoning Administrator for the Department of Safety and Permits has indicated that the applicant s indication of the site as a tri-plex does not substantiate that at the time of 2012 application, this was a multi-family dwelling. ZD 057/16 3
the staff is unable to determine when, if at any time, the site existed as a multifamily residence. Figure 1: Existing conditions plan submitted with 2012 building permit application Site Plan indicates that the proposal is for a duplex renovation ZD 057/16 4
Figure 2: Conversion Certificate of Occupancy With the renovation of the structure for use as a double in 2012, the structure lost any non-conforming status as a multi-family residence it may have had. Therefore, a Conditional Use is required to allow the conversion of the site to a multi-family residence. The structure could only be granted a Conditional Use to be an established multi-family dwelling. The definition of established multi-family dwellings requires that multi-family dwellings have been used as multi-family dwellings for at least fifty (50) years. ZD 057/16 5
Why is City Planning Commission action required? Article 11, Section 11.2 (Table 11-1) states that Established Multi-Family Dwellings are conditional uses in the HU-RD2 District. The City Planning Commission is required to make a recommendation on all conditional use applications prior to City Council action, in accordance with Article 4, Section 4.3.3 Action by the City Planning Commission of the Comprehensive Zoning Ordinance. II. ANALYSIS A. What is the zoning of the surrounding areas? What is the existing land use? And how are the surrounding areas used? The subject site is located in the Upper 9 th Ward, within an HU-RD2 Historic Urban Two-Family Residential District. The site is currently developed with a two-family residence. This Historic Urban neighborhood was developed predominantly in the early to mid-20th century. The development pattern is characterized by a moderately dense and pedestrian scale environment with limited accommodation for off-street parking. The HU-RD2 District is intended to provide for single and two-family development on smaller lots. This HU-RD2 District consists of mostly single and two-family residences, with instances of multi-family residences and vacant lots intermixed. The site is near a HMC-2 Historic Marigny Treme Bywater Commercial District which is located along St. Claude Ave. corridor. There are a sparse amount of commercial/institutional uses along this stretch of St. Claude Ave. which include corner stores, a fire station, and a community center. B. What is the zoning and land use history of the site? Zoning: 1929 J Industrial 1953 C Three to Four-Family District 1970 RD-3 Two-Family Residential District 2015 (effective 8/12/2015) HU-RD2 Historic Urban Two-Family Residential District Land Use: 1929 Commercial 2 1949 Commercial/Single-Family Residential 3 1999 Two-Family Residential 4 2 The City Planning Commission s 1929 land use map presents a color-coded depiction of land use. It identifies the site in green, indicating commercial land use. 3 The City Planning Commission s 1949 land use map presents a color-coded depiction of land use. It identifies the portion of the site nearest Poland Avenue in green and the rear portion of the site in yellow, indicating commercial use of the front portion of the structure and single-family residential use of the rear portion. 4 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific. ZD 057/16 6
The property s historic land use is illustrated by two series of maps: the City Planning Commission s land use maps, which date from 1929 and 1949, and Sanborn Fire Insurance Maps, which are available from several dates. Presented below are the City Planning Commission s land use maps (which the Commission holds on file), as well as Sanborn maps from 1937-1951, 1968, and 1978 (which are on file with the New Orleans Public Library). Taken together, these maps appear to indicate that the property originally contained a corner commercial unit. There was a residential unit to the rear of the corner commercial unit until at least 1951. It appears that at some point after 1951, the corner commercial unit was converted to a second residential unit. It appears that the structure contained only two residential units until at least 1978. While the Sanborn maps shown below indicate that the structure had three addresses, because only two units are shown, the staff believes it is most likely that there were only two units, one of which had two addresses. These maps do not seem to indicate that the structure was used as a three-family residence. ZD 057/16 7
Site Figure 3: The 1929 land use map indicates commercial use of the property Site Figure 4: The 1949 land use map indicates a mixture of commercial and single-family residential use of the property. ZD 057/16 8
Site Figure 5: The 1937-1951 Sanborn map indicates the presence of a corner commercial unit (identified by an S ) and a rear residential unit (identified by a D ). Three addresses are shown, one along Poland Avenue and two along North Villere Street. Site Figure 6: The 1968 Sanborn map indicates the presence of two residential units (each identified by a D ). Three addresses are shown, one along Poland Avenue and two along North Villere Street. Site Figure 7: The 1978 Sanborn map indicates the presence of two residential units (each identified by a D ). Three addresses are shown, one along Poland Avenue and two along North Villere Street. ZD 057/16 9
C. Have there been any recent zoning changes or conditional uses or planned developments in the immediate area? If so, do these changes indicate any particular pattern or trend? While there have been zoning actions within approximately five blocks of the subject site in the past five years, the actions are not similar to or otherwise relevant to this application. D. What are the comments from the design review staff? The applicant proposes an interior renovation and conversion of an existing structure (see Figure 8) into a multi-family residence. According to historic Sanborn maps, the site was utilized as a store and single-family residence in 1951 and as a two-family residence in 1968. As stated previously, the staff is unable to determine when, if at any time, the site existed as a multi-family residence. The applicant has suggested through emails, calls and meetings that there is another address associated with the site, which is 4328 N. Villere, and that the Villere St. address contains the third residential unit for the site, and provided a meter number for the site from Entergy. However, this address is not a part of the applicant s application or indicated on the proposed site plan. The staff researched the address for 4328 N. Villere via the Property Viewer and New Orleans Assessor website. Its website indicates that 4328 N. Villere (see Figure 9) is a vacant property (Lot A) adjacent to the petitioned site that is also owned by the applicant. 5 Figure 8: 1340 Poland Ave. *Source: Orleans Parish Assessor* 5 See attached parcel info from the Orleans Parish Assessor. ZD 057/16 10
Figure 9: 4328 N. Villere *Source: Orleans Parish Assessor* The petitioned site consists of a rectangular lot that has a width of approximately 31, a depth of approximately 108 and an area of approximately 3,348 sq. ft. According to the applicant s floor plan, the structure has an area of approximately 2,020 sq. ft. The site is currently used as a two-family residence. The applicant has submitted a proposed floor plan of the site. The staff obtained a current floor plan (see Figure 10) from the applicant s previous building permit application from 2012. The applicant proposes to convert the vacant store front into a studio apartment. The proposed floor plan (see Figure 11) indicates the installation of an open kitchen area and cabinets in order to convert the vacant commercial space into a studio apartment. No exterior renovations are proposed. ZD 057/16 11
Figure 10: Current floor plan (from 2012 building permit) ZD 057/16 12
Figure 11: Proposed floor plan Use Standards Article 4, Section 4.E Conditions of the CZO states the City Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, design, construction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public health, safety, and welfare pursuant. In this part of the Design Review section the staff of the City Planning Commission considered all appropriate standards, determined effects and recommended provisos to reduce these effects. Article 4, Section 4.F.3 of the CZO mandates that the proposed use meets all standards specifically applicable to the use set forth in Article 20 Use Standards and Article 21, Section 21.3 Environmental Performance Standards of the CZO applicable to the requested use. In reviewing the applicant s proposal and the standards found in Article 20, Section 20.3.W of the CZO, the staff determined that only one of the three applicable standards has been met. DWELLING, ESTABLISHED MULTI-FAMILY AND DWELLING, ESTABLISHED TWO-FAMILY 1. For an established multi-family dwelling, the existing structure has been legally utilized as a multi-family structure for a minimum of 50 years. For an established two-family dwelling, the existing structure has been legally utilized as two-family structure for a minimum of 50 years. This standard has not been met, as staff is ZD 057/16 13
unable to determine if at any time the site legally operated as a three-family residence. 2. The structure is limited to the existing building footprint. No increase in building footprint or intensity of use is permitted. This standard is met as the applicant is not proposing to increase the footprint of the structure. 3. No additional conversions are permitted to the structure that would increase in the number of dwelling units from that originally constructed. This standard is not met because the structure appears to have originally had one commercial unit and one residential. The applicant proposes three dwelling units which would be an increase from that which was originally constructed. 4. For established two-family dwellings in the Lake Area Districts, such two-family dwellings are subject to the nonconformity requirements of Section 25.3.G.9 for existing two-family dwellings in the Lake Area Districts. This standard does not apply. In addition, the definition of established multi-family dwelling requires that the structure have been legally used as such for at least 50 years. Environmental Performance Standards When reviewing Article 21, Section 21.3 of the CZO, the staff found the proposal would be compliant with the enumerated performance standards. Refuse The applicant s plans do not show how generated refuse would be managed and contained on the site. Therefore, in the event this request is approved, the following proviso is necessary: The applicant shall provide to the City Planning Commission staff a letter outlining a litter abatement program, approved by the Department of Sanitation that includes the location of on-site refuse storage, the type and quantity of trash receptacles, the frequency of trash pickup, and the clearing of all litter from the adjacent rights-of-way. The name and phone number of the owner/operator of the establishment shall be kept on file in case of any violation. Other Provisions In the event this request is approved, the staff recommends the following standard provisos to ensure that the development is permitted appropriately by the Department and Safety and Permits in accordance with the requirements of the conditional use. The Department of Safety and Permits shall issue no building permits or licenses for this project until final development plans are approved by the City Planning ZD 057/16 14
Commission and recorded with the Office of Conveyances. Failure to complete the conditional use process by properly recording plans within a one year time period or failure to request an administrative extension as provided for in Article 4, Section 4.3.H.2 of the Comprehensive Zoning Ordinance will void the conditional use approval. E. What impact will the proposed conditional use have on the transportation system, if any? What are the off-street parking and off-street loading requirements? Can they be provided on site? If not, is a waiver required? Traffic The petitioned site has frontage on Poland Avenue. Poland Ave. is a major two-way thoroughfare with two lanes of traffic in each direction, separated by a large neutral ground or median. On this residential stretch of Poland Ave., a parking lane is provided on each side of the street. Considering that the proposed apartments will contain only 3 units, the staff believes that it is unlikely the multi-family dwelling would create a major increase in vehicular traffic, particularly compared to that which it historically generated. Parking The proposed 3 unit residence would be required to provide 3 off-street parking spaces. The building exists and no exterior changes are being proposed; if the structure was legally used as a multi-family residence, the off-street parking deficiency would be grandfathered to the site. Pursuant to Article 22, Section 22.4 (Table 22-1) of the Comprehensive Zoning Ordinance, the 3 unit residence is not required to provide any bicycle spaces. Because of the residential character of the area, and because of the low number of units, the staff believes that the street has the capacity to accommodate the new parking demand created by the proposed multi-family dwelling. Loading No off-street loading spaces exist or are proposed for the site. Pursuant to Article 22, Section 22.7.C, Historic Urban Neighborhoods are exempt from all off-street loading requirements. Planning Advisory Committee The proposal was considered at the Planning Advisory Committee meeting on May 25, 2016. The committee made a motion of no objection subject to further review from the City Planning Commission. G. What effects/impacts would the proposed conditional use have on adjacent properties? The petitioned site is currently developed with a two-family residence. Granting this conditional use request to would allow this structure to be converted to a new multi- ZD 057/16 15
family residence which is not allowable because the structure does not need the definition of established multi-family residence. The applicant could potentially utilize the conditional use process to establish the vacant store front as a neighborhood commercial establishment. H. Compliance with approval standards The City Planning Commission recommendation and the City Council decision on applications for a conditional use shall, on the basis of all information submitted, evaluate the impact of the conditional use on and the compatibility of the use with surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and Council are required to specifically consider the extent to which the proposed use meets the approval standards contained in Article 4, Section 4.3.F Approval Standards of the Comprehensive Zoning Ordinance. In this section, the staff evaluates the application using those standards. The proposed use at the specified location is consistent with the policies embodied in the adopted Master Plan. This standard is not met. The proposal is inconsistent with the Plan for the 21st Century, commonly known as the Master Plan. Chapter 14: Land Use Plan of the Master Plan designates the future land use of the petitioned site as Residential Low Density Pre- War. The goal, range of uses, and development character for that designation are provided below: RESIDENTIAL LOW DENSITY PRE-WAR Goal: Preserve the scale and character of pre-war (WWII) residential neighborhoods of lower density where the predominant use is single and twofamily residential and allow for compatible infill development. Discourage the development of additional multifamily housing that is out of scale with existing character. Range of Uses: New development generally limited to single or two-family dwellings, and preservation of existing multi-family buildings. Businesses and traditional corner stores may be allowed where current or former commercial use is verified. Supporting public recreational and community facilities (e.g., schools and places of worship) also allowed. Conversion to multifamily may be allowed for certain existing historic institutional, commercial or other non-residential buildings. Development Character: New development will fit with the character and scale of surrounding residential neighborhoods where structures are typically located on smaller lots and have minimal front and side setbacks. Maximum density of 24 units/acre. ZD 057/16 16
The proposal is inconsistent with the range of uses and goal of this designation allowed under the Master Plan, as the site is not an existing multi-family residence. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. This standard is not met. The intent of the district is to allow only established multifamily dwellings, not new multi-family dwellings. The proposal will not allow for the renovation and preservation of an established multi-family residence as there is no evidence of the structure operating as a multi-family residence for at least 50 years. The proposed use meets all standards specifically applicable to the use as set forth in Article 20 and all environmental performance standards of this Section 21.3. This standard is not met. According to historic Sanborn maps, The site was utilized as a store and single-family residence in 1951. The site was utilized as a two-family residence in 1968, 1978 and 1983. Per an attached email from Entergy, As of 1999, the site contained two residential meters. Per building permit 12BLD-02705, The site was renovated into a two-family residence in 2012. The Zoning Administrator has also stated that at the time this building permit was released, the site was not legally operating as a multi-family residence, due to the absence of a kitchen in the third unit. The staff is unable to determine when, if ever, the site legally existed as a multi-family residence. Based on the timeline presented above, the staff believes it is highly unlikely that the site existed as a multi-family residence for at least 50 years, as required by the definition of established multi-family dwelling. The proposed multi-family dwelling use can meet all environmental performance standards listed in Article 21, Section 21.3. These standards either do not apply to the nature of the proposed would be addressed through the normal permitting process. ZD 057/16 17
The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public right-of-way to mitigate development-related adverse impacts. It is not expected that the use of the site as a multi-family residence would create any appreciable escalation of impacts, such as traffic noise, odors, visual nuisances or drainage. Approval of the request is not anticipated to negatively affect adjacent development and neighborhoods. Any variance of zoning standards meets the approval standards of Section 4.6.F. The definition of an established multi-family dwelling cannot be waived. requirement were met, the proposal would require waiver of two use standards. If this The proposed use is not materially detrimental to the public health, safety, and welfare, or results in material damage or prejudice to other property in the vicinity. The structure does not appear to be eligible for use as an established multi-family dwelling. However, the applicant has other suitable options available for the site. The applicant could retain the current two residential units on the site by right or potentially utilize the conditional use process to establish the vacant store front as a neighborhood commercial establishment. IV. SUMMARY Zoning Docket 057/16 is a request for a conditional use to permit an Established Multi- Family Dwelling in an HU-RD2 Historic Urban Neighborhood Two-Family Residential District. The proposal does not meet the definition of established multi-family dwelling or standards of Article 20, Section 20.3.W of the CZO, which requires that for an established multi-family dwelling, the existing structure has been legally utilized as a multi-family structure for a minimum of 50 years, and that no increase in the number of dwelling units be allowed. It appears that the structure was originally used as a corner store with a rear residential unit and was later used as a two-family residence. It does not appear to have been used as a multi-family residence. Therefore, the staff cannot support the request. V. PRELIMINARY STAFF RECOMMENDATION 6 The staff recommends DENIAL of Zoning Docket 057/16, a request for a Conditional Use to permit an Established Multi-Family Dwelling in an HU-RD2 Two-Family Residential District. 6 Subject to modification by the City Planning Commission. ZD 057/16 18
VI. REASONS FOR RECOMMENDATION 1. The proposal does not meet the definition for established multi-family dwelling. 2. The proposal does not meet standards number one and three of Article 20, Section 20.3.W of the CZO, which requires that for an established multi-family residence, the dwelling must have been legally utilized as multi-family structure for a minimum of 50 years and that no increase in the number of dwelling units would be allowed. ZD 057/16 19
City of New Orleans Property Viewer June 7, 2016 Override 1 1:4,514 0 0.0375 0.075 0.15 mi 0 0.05 0.1 0.2 km
From: Sent: To: Subject: johnpanops@gmail.com Friday, May 20, 20162:18 PM Valerie A. McMillan Re: 1340 Poland Ave. Valerie I just got an email from the Entergy representative. He is out until next week but will be able to work on this Monday. He also stated in the email that he only found two residential meters because he was asked only about those two meters and the emailed request from you omitted the third meter I had identified to you in my prior email to you. This will be reviewed next week. As the presence of this third meter is material to the question of whether or not this was a triplex I ask that you withhold your determination of this pending Mr. Molnar's findings. Thanks again for your dedication to this matter. John On May 20, 2016, at 11:01 AM, Valerie A. McMillan <vamcmillan@nola.gov> wrote: John, During a staff visit to your residence yesterday, two signs were placed on the site from our office. Feel free to better attach them to the site. Your email below will be placed in your file. Keep in mind, the question is whether this site was a three-family residence (triplex) for at least fifty years. Mr. Molnar clarified that there were only 2 residential meters. When contacting Entergy, you want them to verify that 3 residential meters existed and were active on the site for at least 50 years. The establishment of two residential and one commercial meter will not substantiate that the site operated as a multi-family residence. Best, Valerie McMillan Senior City Planner New Orleans City Planning Commission 1300 Perdido Street # 7W03 New Orleans, LA 70112 504.658.7007 From: John Panops [mailto:johnpanops@gmail.com] Sent: Friday, May 20, 2016 10:49 AM To: Valerie A. McMillan Cc: Stephen K. Kroll Subject: Re: 1340 Poland Ave. Valerie,
Thank you for attaching the application. I fear there may be sontioned me confusion as to the address 4328 N.Villere mein a previous e-mail to you and to Mr. Kroll. To review: your office has asked me to show that the building at 1340 Poland Avenue had three meters. Although the meters are clearly visible on the outside of the building, one of the challenges to documenting this is that the nomenclature the naming of these meters is often idiosyncratic at Entergy. So for example, Meter 1 may be called 1340 Poland. Meter 2 may be called 1340 ½ Poland Avenue, or it may be called 1340 Poland Ave #A, or it may be called 1340 Poland Avenue Rear Apartment, 1340 Apartment Left, 1340 Left rear and so on. There are many other variations possible, including I am told occasionally misspellings of streets, Polland Avenue, for example. Because Entergy s records involve addresses or meter numbers and when we began this research we had neither, I think you understand that in my frequent conversations with Entergy in order to discover the proper naming of the three meters it has necessary to get into a bit of brainstorming. In this case, through much sleuthing and trying different addresses, one of the supervisors and I were able to determine that Entergy had a meter attached to the building at 1340 Poland indeed the very same building for which we are applying for a conditional use (thanks for reattaching the application just to be sure) that was not designated 1340 Poland at all. The meter was in fact was designated 4328 N. Villere. It is understandable that this is confusing. And indeed thank you for sending a link to the assessor s site showing they have 4328 N. Villere as a separate municipal address. 4328 N.Villere, as you point out, is currently a vacant lot. In fact, the property records office in City Hall confirms that this vacant lot was part of the sale of 1340 Poland to Golden Quest, the group that sold us the building, as it was when Courtney J Stroebel bought the property from Philip Begue on May 15, 1964. Looking back even further, the property records office as well as the assessor s office in City Hall indicate that this has been a vacant lot as far as records go back. If you look carefully on the Sanborn map, which Mr. Kroll was kind enough to attach to an earlier e-mail to me, you will see that this parcel was also a vacant lot at the time these maps were conceived. In other words, you will note that the very lot for which you forwarded me the assessor's link is at the time of the Sanborn map vacant. Why all this discussion about vacant lots? Because of Entergy s nomenclature. What the assessor calls 4328 N.Villere is not in fact the same as what Entergy calls 4328 N.Villere. What the assessor calls 4328 N.Villere, dating back to the Sanborn map and before, is vacant lot (which though a truly separate municipal lot functions practically as a part of the yard of 1340 Poland Avenue)-- and a vacant lot, of course, does not need and would never have electric and gas meters.
The point here is that the gas and electric meters Entergy calls 4328 N.Villere in fact refer to meters attached to the house at 1340 Poland, and not to electric and gas meters attached to a vacant lot. So to recap: historically I consider it settled that there were a total of six meters at 1340 Poland, three electric, three gas. The naming of those meters and their meter numbers appears to have been: Electric Meter #1: 1340 Poland Avenue, Meter #N435631 Gas Meter #1: 1340 Poland Avenue, Meter #U351352 Electric Meter #2: 1340 Poland Avenue Apartment A (or 1340 ½ Poland Avenue). Meter #7193049 Gas Meter #2: 1340 Poland Avenue Apartment A (or 1340 ½ Poland Avenue). Meter #U368831 Electric Meter #3: 4328 N. Villere. Meter #N6008410 Gas Meter #3: 4328 N. Villere. Meter #U292758 Thank you, finally, for providing your contact at Entergy, Steve Molnar. While the information he provides does go back before January 1, 2003, that information does not seem complete because he doesn t mention 4328 N.Villere and because there was certainly some power to the building at 1340 Poland prior to 1999 and 2000, so going back just to this date doesn t really help us in the sense of being comprehensive. I called and left a message for Mr. Molnar yesterday to see if he might help clarify this with further research. I will let you know as soon as I hear from him if he is able to provide additional info. I hope in this e-mail I have been able to clarify the historic presence of three electric and three gas at this location. I have listed the specific meter numbers above (they are indeed the same numbers as listed in my previous e-mail to Mr. Kroll). Thanks to your office for a careful perusal of all of these matters. And for all your help shedding light on this issue. Please do not hesitate to e-mail or call me with any questions. John. 504-864-9174 On Wed, May 18, 2016 at 3:01 PM, Valerie A. McMillan <vamcmillan@nola.gov> wrote: John, The assessor has 4328 N. Villere listed as a vacant lot. Here is the link http://qpublic9.qpublic.net/la_orleans_display.php?key=4328-nvillerest.
In addition, your application indicates the address for the site as 1340 Poland Ave. I ve attached it here for your review. *Keep in mind*, it is the burden of the property owner/applicant to confirm that the site has existed as a multi-family residence for at least 50 years. Documentation to substantiate that will help your proposal. Whatever you submit will be added to the file. Best, Valerie McMillan Senior City Planner New Orleans City Planning Commission 1300 Perdido Street # 7W03 New Orleans, LA 70112 504.658.7007 From: johnpanops@gmail.com [mailto:johnpanops@gmail.com] Sent: Wednesday, May 18, 2016 4:55 PM To: Valerie A. McMillan Subject: Re: 1340 Poland Ave. Valerie in your email to the Entergy representative you neglected to mention the meters at 4328 N.Villere. As I indicated to Stephen Kroll this was the third address that Entergy used for the building. Also there was clearly electric and gas
on the property prior to the year 1999 as property records for this building go back more than a hundred years. I don't believe residents would have gone without power. Would you like me to contact the Entergy representative for clarification of these matters? Thanks John On May 18, 2016, at 3:05 PM, Valerie A. McMillan <vamcmillan@nola.gov> wrote: I have forwarded you the response from Entergy Valerie McMillan Senior City Planner New Orleans City Planning Commission 1300 Perdido Street # 7W03 New Orleans, LA 70112 504.658.7007 From: johnpanops@gmail.com [mailto:johnpanops@gmail.com] Sent: Wednesday, May 18, 2016 3:03 PM To: Valerie A. McMillan Subject: Re: 1340 Poland Ave. Valerie-- records at Entergy go back to Janurary 1, 2003. They are not able to provide any records before then. On Janurary 1, 2003 there were 6 meters attached to the building, three electric meters and three gas meters. I was able to get the numbers for all six meters. I have had many conversations with Entergy, including one this morning after we talked. I have discussed all possibilities I could imagine, inter Alia toff site storage, paper records, microfiche, possible storage with affiliates with Entergy's preseason NOPSI, possible outsourced records from installers, etc etc. I have spoken with various supervisors. I have asserted to them that this is a routine request. I have invoked the authority of the New Orleans City Council. I have begged and pleaded but I truly
have been unable to get any further information. One representative told me that in 2003 all the meters in the city of New Orleans were changed and this is why they know nothing before then. I don't know whether this is apocryphal or not. Ultimately Entergy is saying as far back as they are able to determine there have been six meters; three gas meters and three electric meters. I think if you call them and provide the addresses and the meter numbers they will substantiate this.. John On May 18, 2016, at 12:59 PM, Valerie A. McMillan <vamcmillan@nola.gov> wrote: Steve, Please confirm the timeline that Entergy has which shows that 1340 Poland Ave existed as a multifamily residence. In addition, is there a way to access Entergy s records prior to 2003? Thank you, Valerie McMillan Senior City Planner New Orleans City Planning Commission 1300 Perdido Street # 7W03 New Orleans, LA 70112 504.658.7007
From: Stephen K. Kroll Sent: Wednesday, May 18, 2016 10:23 AM To: johnpanops@gmail.com Cc: Valerie A. McMillan Subject: RE: RESENDING: 1340 Poland Ave. Received. As I believe Valerie told you, you might also want to check with Sewerage and Water Board. We re looking for basically any documentation from any source that indicates that this building was used as a three-plex for at least 50 years. We usually rely on Sanborn maps, but the Sanborn map from the 50s shows this structure as not containing three residential units. Stephen Kroll City Planning Commission City of New Orleans 1300 Perdido Street Room 7W03 New Orleans, Louisiana 70112 504.658.7010 skroll@nola.gov www.nola.gov/cpc From: johnpanops@gmail.com [mailto:johnpanops@gmail.com] Sent: Wednesday, May 18, 2016 10:22 AM To: Stephen K. Kroll Subject: Re: RESENDING: 1340 Poland Ave. Stephen Kroll
It appears that Entergy does not have any commercial meter listed for this building. This might suggest that the three meters were residential. I was able to locate the individual meter numbers present on 1/1/2003, which I have been told is as far back as records are available. The meters are as follows: Meter 1: 1340 Poland Ave, apt A Electric: 7193049 Gas: U368831 Meter 2: 1340 Poland Ave Electric: N435631 Gas: U351352 Meter 3: 4328 N.Villere Electric: N6008410 Gas: U292758
Representatives from Entergy say that there is no document or affidavit or writing that they can generate to substantiate the presence of these meters but that with the proper address and meter numbers this will be easy to find and verify. Thanks John 504-864-71 On May 3, 2016, at 9:57 AM, Stephen K. Kroll <skroll@nola.gov> wrote: Hi, We usually use historic Sanborn maps, which are available on the library s website. The Sanborn map from 1937-1941 shows the structure has having a commercial unit and a residential unit, so it s not indicative of use as a threeplex. You may want to contact Entergy and see if they have any records of when three meters were installed. I don t know if they make any sort of distinction between meters for commercial use and residential use, but if they can tell you that three residential meters were installed at a certain point, that would be helpful. <image001.png> Stephen Kroll
City Planning Commission City of New Orleans 1300 Perdido Street Room 7W03 New Orleans, Louisiana 70112 504.658.7010 skroll@nola.gov www.nola.gov/cpc From: John Panops [mailto:johnpanops@gmail.com] Sent: Tuesday, May 03, 2016 9:44 AM To: Stephen K. Kroll Subject: Re: RESENDING: 1340 Poland Ave. Hi Stephen Kroll. For some reason I just found your e-mail in my spam box. It is indeed correct that I am applying for a conditional use for 1340 Poland. I'm not sure what kind of evidence the council would require. Until I applied in 2013 to convert it into a "duplex" in order to save the building from being torn down without the delay of a city council decision, it was in fact, like the house next door, a triple, with three meters and also listed as a triple on the assessor's site. Perhaps you could advise me about what kinds of documentation have accompanied other similar applications. Thank you,
On Fri, Apr 22, 2016 at 8:30 AM, Stephen K. Kroll <skroll@nola.gov> wrote: This is Stephen with the City Planning Commission. Today, you submitted an application for 1340 Poland Ave. You left the specific zoning request section on the form blank. Based on the rest of the info you provided, it sounds like you are applying for a conditional use to permit an established multi-family dwelling, in this case a three-plex. Please confirm that this is correct. You should also know that the standards in the zoning ordinance for established multi-family dwellings require them to have been legally used as multi-family dwellings for at least 50 years. You should provide any and all documentation you have to indicate that this has been used as a three-plex for at least 50 years to support your application. If you cannot provide this documentation, this standard could be waived by the City Council, but there is no guarantee that it would be. If it is to be waived, you d have to demonstrate that that there are particular conditions specific to this property that justify the waiver. I hope this information is helpful. Let me know if you have any questions. 20.3.W DWELLING, ESTABLISHED
MULTI-FAMILY AND DWELLING, ESTABLISHED TWO- FAMILY 1. For an established multi-family dwelling, the existing structure has been legally utilized as a multi-family structure for a minimum of 50 years. For an established two-family dwelling, the existing structure has been legally utilized as two-family structure for a minimum of 50 years. 2. The structure is limited to the existing building footprint. No increase in building footprint or intensity of use is permitted. 3. No additional conversions are permitted to the structure that would increase in the number of dwelling units from that originally constructed. Stephen Kroll City Planning Commission City of New Orleans 1300 Perdido Street Room 7W03 New Orleans, Louisiana 70112 504.658.7010 skroll@nola.gov www.nola.gov/cpc
From: Sent: To: Cc: Subject: Stephen K. Kroll Wednesday, May 18, 2016 10:50 AM johnpanops@gmail.com Valerie A. McMillan RE: 1340 Poland email resent Yes, we can proceed with the application. It will be on the City Planning Commission meeting on June 14 at 1:30 pm. There's nothing more you need to do to get it to Commission. As we write our staff report, whether or not we recommend that the Commission approve the application is going to depend largely on if we can show the building was used as a three-plex for 50 years. If we can, the staff recommendation will probably be for approval. If not, it will probably be for denial. That recommendation will be given to the City Planning Commission, which makes a recommendation to the City Council. The City Council takes the final action. Stephen Kroll City Planning Commission City of New Orleans 1300 Perdido Street Room 7W03 New Orleans, Louisiana 70112 504.658.7010 skroll@nola.gov www.nola.gov/cpc -----Original Message----- From: johnpanops@gmail.com [mailto:johnpanops@gmail.com] Sent: Wednesday, May 18, 2016 10:27 AM To: Stephen K. Kroll Subject: 1340 Poland email resent Per your request I have just re-sent the two emails sent earlier detailing the presence of three electrical and gas meters art 1340 Poland Avenue. I will also follow up with a phone call. Please let me know if you do not have the information you need to proceed. Thank you. John 504-864-9174
From: Sent: To: Cc: Subject: Stephen K. Kroll Wednesday, May 18, 2016 10:23 AM johnpanops@gmail.com Valerie A. McMillan RE: RESENDING: 1340 Poland Ave. Received. As I believe Valerie told you, you might also want to check with Sewerage and Water Board. We re looking for basically any documentation from any source that indicates that this building was used as a three-plex for at least 50 years. We usually rely on Sanborn maps, but the Sanborn map from the 50s shows this structure as not containing three residential units. Stephen Kroll City Planning Commission City of New Orleans 1300 Perdido Street Room 7W03 New Orleans, Louisiana 70112 504.658.7010 skroll@nola.gov www.nola.gov/cpc From: johnpanops@gmail.com [mailto:johnpanops@gmail.com] Sent: Wednesday, May 18, 2016 10:22 AM To: Stephen K. Kroll Subject: Re: RESENDING: 1340 Poland Ave. Stephen Kroll It appears that Entergy does not have any commercial meter listed for this building. This might suggest that the three meters were residential. I was able to locate the individual meter numbers present on 1/1/2003, which I have been told is as far back as records are available. The meters are as follows: Meter 1: 1340 Poland Ave, apt A Electric: 7193049 Gas: U368831 Meter 2: 1340 Poland Ave Electric: N435631 Gas: U351352 Meter 3: 4328 N.Villere Electric: N6008410 Gas: U292758
Representatives from Entergy say that there is no document or affidavit or writing that they can generate to substantiate the presence of these meters but that with the proper address and meter numbers this will be easy to find and verify. Thanks John 504-864-71 On May 3, 2016, at 9:57 AM, Stephen K. Kroll <skroll@nola.gov> wrote: Hi, We usually use historic Sanborn maps, which are available on the library s website. The Sanborn map from 1937-1941 shows the structure has having a commercial unit and a residential unit, so it s not indicative of use as a three-plex. You may want to contact Entergy and see if they have any records of when three meters were installed. I don t know if they make any sort of distinction between meters for commercial use and residential use, but if they can tell you that three residential meters were installed at a certain point, that would be helpful. <image001.png> Stephen Kroll City Planning Commission City of New Orleans 1300 Perdido Street Room 7W03 New Orleans, Louisiana 70112 504.658.7010 skroll@nola.gov www.nola.gov/cpc From: John Panops [mailto:johnpanops@gmail.com] Sent: Tuesday, May 03, 2016 9:44 AM To: Stephen K. Kroll Subject: Re: RESENDING: 1340 Poland Ave. Hi Stephen Kroll. For some reason I just found your e-mail in my spam box. It is indeed correct that I am applying for a conditional use for 1340 Poland. I'm not sure what kind of evidence the council would require. Until I applied in 2013 to convert it into a "duplex" in order to save the building from being torn down without the delay of a city council decision, it was in fact, like the house next door, a triple, with three meters and also listed as a triple on the assessor's site. Perhaps you could advise me about what kinds of documentation have accompanied other similar applications. Thank you, On Fri, Apr 22, 2016 at 8:30 AM, Stephen K. Kroll <skroll@nola.gov> wrote:
This is Stephen with the City Planning Commission. Today, you submitted an application for 1340 Poland Ave. You left the specific zoning request section on the form blank. Based on the rest of the info you provided, it sounds like you are applying for a conditional use to permit an established multi-family dwelling, in this case a three-plex. Please confirm that this is correct. You should also know that the standards in the zoning ordinance for established multi-family dwellings require them to have been legally used as multi-family dwellings for at least 50 years. You should provide any and all documentation you have to indicate that this has been used as a three-plex for at least 50 years to support your application. If you cannot provide this documentation, this standard could be waived by the City Council, but there is no guarantee that it would be. If it is to be waived, you d have to demonstrate that that there are particular conditions specific to this property that justify the waiver. I hope this information is helpful. Let me know if you have any questions. 20.3.W DWELLING, ESTABLISHED MULTI- FAMILY AND DWELLING, ESTABLISHED TWO- FAMILY 1. For an established multi-family dwelling, the existing structure has been legally utilized as a multi-family structure for a minimum of 50 years. For an established two-family dwelling, the existing structure has been legally utilized as two-family structure for a minimum of 50 years. 2. The structure is limited to the existing building footprint. No increase in building footprint or intensity of use is permitted. 3. No additional conversions are permitted to the structure that would increase in the number of dwelling units from that originally constructed. Stephen Kroll City Planning Commission City of New Orleans
1300 Perdido Street Room 7W03 New Orleans, Louisiana 70112 504.658.7010 skroll@nola.gov www.nola.gov/cpc