Setback what? Where? We'll find out next year...

Lauren is correct, the final hearing is this Thursday, January 8 at 2:30 pm in City Hall Annex level P1.

Here is an update, as of January 5 2009:

Weingarten today spoke with several neighbors indicating that they are "not willing" to fully enclose a second floor wine bar that is being built in violation of Houston setback laws. We therefore are sorry to say that, despite a three week reprieve given by the planning commission to allow Weingarten time to work with its neighbors to reach an acceptable compromise, we are in for a long and possibly contentious hearing this Thursday. We invite any concerned citizen to come.

Because the entire face of this building, including its structural columns and the balcony and port-cochere all violate Houston setback laws, hundreds of neighbors and community members have banded together to demand that the building either be brought into complete compliance, or substantial compliance along with full addressing of neighborhood concerns to deal with the sound, signage, and light issues this illegal structure creates. Those changes would include, at a minimum, dimming or removing the lights at the top of the illegal structure, removing the large lit sign from the western face, and the full enclosure of the wine bar.

Community members who live near the project have posted large signs on their property asking Weingarten and Tony's not to violate setback laws, and to be a good neighbor. Tony Vallone will presumably be expecting these same neighbors to frequent his restaurant and wine bar.

The variance hearing, originally scheduled for December 18, was deferred until January 8 so that Weingarten could "work with neighbors to find an acceptable solution." However, finding a solution is elusive when neither Weingarten nor Tony's apparently think they should have to comply with Houston's laws, but instead should be able to get a variance based on smaller incremental changes to the project, like partially enclosing the space, or lowering the lighted sign by 1-2 feet rather than removing it.

Hundreds of neighbors and concerned community members, as well as elected and appointed officials, have spoken clearly: we do not believe Houston should grant a variance to allow a developer to violate the law, and to sell our public setbacks to their own tenant, with no consideration given to the public. Setbacks belong to all of us - in an unzoned city, they are all we have.