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CASE NO. A 2008A)3 610 GALISTEO STREET BUILDING PERMITS APPEAL.
NOTICE OF PUBLIC MEETING

Stephanie Beninato appeals to the Governing Body of the City of Santa Fe the Board of
Adjustment decision denying her appeal of the issuance of Building Permit Nos. 07-203, 07-
204, and 07-205 for the remodeling and repair of two existing dwelling units and the
demolition of an existing garage at 610 Galisteo Street. Findings of Fact and Conclusions of
Law were adopted by the Board of Adjustment in conformance with the vote taken at their
meeting on January 15, -2008 denying the appeal of this case and filed with the City Clerk as
Item #08-0151 on February 28, 2008. Notice is hereby given that a public hearing will be
held by the City Council of the City of Santa Fe, New Mexico, in the City Council Chambers,
City Hall, 200 Lincoln Avenue at 7:00 p.m. on June 25, 2008, on said appeal at which time
and place any and all interested parties will be heard prior to the City Council taking action.

DATED AT SANTA FE, NEW MEXICO THIS 3   DAY OF JUNE 2008.

POINTS FOR DON CUBERO NA re: 610 Galisteo St

I invite those in the neighborhood to come to the appeal on 610 Galisteo St so that the city can see that it is NOT OK to destroy historic buildings by admininstrative approval rather than following code requirements.

Parking Driveway was 19 ft wide Now max 10 ft wide. Staff approved movement of addition on main house that shortened width (needed H Board approval because addition became more visible from street). Owner through change in drawings (no official amendment to plans) made structure wider and thus driveway even smaller. Six cars are suppose to park on back side plus have outdoor space. However public outdoor space all behind one unit. Access will be icy all winter long. Even now small pickups have to back up two or three times to make it down driveway.

Cars stacked up on front driveway hindering pedestrian traffic and making vehicular access from 604 Galisteo treacherous.

Destruction of two contributing structures ON main house over 100 linear ft of 240 (approx) ft gone. Owner admits to destroying up to 50 percent of remaining primary facades Total linear ft destroyed 170/240. Also roof, ceiling, floors totally removed and most interior walls and foundations on 100 ft gone.

Casita Destruction of 28/107 ft. And destruction of another at least 30 percent of remaining walls according to owner's statement. Not counting E wall which was mostly frame. Also removal of all interior walls, roof, ceilings, floor from casita.

City says walls were structurally unsound but no licensed professional ever made that assessment. Owner taking walls down in May 07; plans showing (some of ) the destruction not amended until Sept. Destroying walls during this time without red tag. City attorney and head of Land Use decide after meeting with Karl Sommer, owner's attorney that H Board cannot hear this case.

Code violations

Lack of inspection on 32 ft of south wall and entire W wall of main house. Lack of inspection on insulation in casita roof. No insulation on approximately half of the walls and/or insulation does not meet code.

Change of windows in primary facades. Windows have been moved, changed in style and size. Owner even has on plans cannot do but does "want he wants once he gets permit." One on primary façade on Main House S side higher and different style. Casement windows at W end same wall different style (letter to H Board does not mention houses having casement windows.) Windows on primary façade of casita all changed in size and type ( Owner said double hung; now casement.

Beams over one window removed.

Curved parapet not replaced for length as per photo but only small part away from street.

Failure to preserve shed roof on casita

Owner agreed to "maintain shed roof". Board rejected sloping/shed roof with parapets and asked for "built up shed roof" Parapets there. Roof is flat roof with slight slope for drainage. City staff wants to pretend it is a shed roof.

Addition of architectural features not there-violates H district ordinances.

Six chimneys and about 16 skylights. No exceptions sought from H Board.

Violation of H Board condition to keep skylights lower than parapets.

Addition of vigas on casita-no exception granted. ON plans but never discussed by owner or H Board. Vigas protrude into non conforming set back more than beams.

Lot Consolidation questionable. Surveyor says two lots but there were three deeds. Surveyor shows change in shape without referring to deeds or surveys that caused changes.

Lot consolidation not even done before permit issued Violates ordinance and policy.

Loss of non contributing status

1.Went up in height without variance.

2. This removal of material causes loss of noncontributing status of both bldgs which means the bldg should have to setback the full 5 ft from lot line.

3 Moved footprint of main house by adding on exterior footing on S side that already encroached on neighbor's lot Moved N wall of casita out when owner built exterior fireplace

Beninato's issues involve

Blocking of my solar easement

Casita addition too close to lot line. My plat of record shows lot line S of wall. City accepting owner's Improvement Location Report (Asbuilt Survey) which cannot be used for survey purposes. City promised survey but has not done so yet.

Destruction of fence lines; damage to vehicles; other vandalism; parking on property etc; harassment and assault by owner-documented by police reports.

610 Galisteo after collapse (South wall) All photos: click to enlarge-->
610 Galisteo before collapse (South wall)
South wall destruction from the inside (adobe gone, plaster left standing)
Casita destruction E, N and S.
MH SE side South wall, no footing, no inspection
Destruction mid long N wall