Neighbors First For Bywater – Board Meeting – September 22, 2021

Present: Julie Jones, Joe Brown, Anthony Eschmann, Rhonda Findley, Brian Luckett, Stephen Haedicke, Tyler Harwood

Held via Zoom video conference.

The meeting started at 7 p.m. with a discussion of the upcoming General Meeting, which will be held via Zoom October 6th. Steven Jacobs has agreed to speak about potential for residential parking zones. New hotels and other businesses in the neighborhood could make some blocks good candidates. The Mayor’s office also has a new Neighborhood Engagement Officer that would be good to meet. It may be a short meeting.

Brian then updated us on 805 Louisa, the site of a proposed snowball stand which has met some opposition by neighbors. Council-member Palmer has offered to help mediate to develop a “good neighbor agreement” which could include a covenant on the property. This would mean that if the property is sold in the future the covenant would still apply. NFB has been asked to write the agreement, and traditionally the responsibility of enforcement falls to a neighborhood association. Usually these agreements include rules about noise, trash, business hours, lights, parking, and so on – and that could potentially be more than NFB can keep up with. As a small non-profit we do not have the resources. Brian proposes we simply require that the owners cannot use the property in any way that will require a Conditional Use. Anything within HMC-1 zoning would be fine, so the business the new owners are proposing could open as they have it planned now. Neighbors may ask for other provisions but it would be up to them to negotiate and enforce them, in which case this would be a sort of hybrid good neighbor agreement.

The property as it is now being sold is technically two lots. 805/807 Louisa is the building, and is zoned residential. 3201 Dauphine is basically the side yard of the house, which now just has a swimming pool, and it is zoned commercial. A “resubdivision” is being proposed that would make it all one lot so the zoning change covers the whole thing. This is preferable as the good neighbor agreement would apply to the entire property going forward.

Brian motioned we request a property covenant specifying the property cannot be used in any way that would require a Conditional Use. A clause should be included that would require the property owners to pay legal expenses if NFB prevails in a lawsuit due to a breach of the agreement.  With any other outcome, legal fees would be paid by each party. The board voted unanimously in support.

There was then a brief discussion about the possibility of a forum in the likely case of a runoff for the District C City Council seat. Julie is gathering emails and plans to contact all candidates to inform them of our intent.

The meeting ended at approximately 7:50 p.m.

Submitted by Tyler Harwood, secretary

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