Pearlz: Starting from Scratch (or are we?)

Briefly, here's what's going on:

You'll recall that the Pearlz appeal was rejected due to a tie vote (3-3) of the BZA. Among those voting against the applicant was board member Rosen.
At Tuesday's meeting, Mr. Rosen was absent, as was Mr. Smalls. Mr. Altman (whose son represents the applicants) had recused himself from voting on the matter.

So, there never was a quorum at last Tuesday's meeting to vote on the Pearlz appeal. But..

Following up on an unconfirmed report, we spoke to the City Attorney (Batchelder) and learned that Mr. Rosen had either decided or been persuaded that he should have recused himself from the Pearlz matter, and that he would recuse himself from voting on the appeal (effectively rendering his earlier vote moot).

Thus, the earlier vote of the Board is rendered altogether ineffective and the matter will be reconsidered in its entirety, from the ground up, at a meeting next Tuesday, June 30, at 5:15 (or is it 5:30?) at 75 Calhoun Street.

Obviously, it will be more important than ever for as many of us to be present. Either Susan or I plan to speak, and anyone else who cares to do the same should plan to do so.

Charleston City Paper's Coverage of the Pearz Matter

The following was lifted directly from the City Paper's website. At the bottom, follow the link to read the entire article at their site.

Neighborhood gripes close Pearlz at 11 p.m.
Late-night tomfoolery in Market area largely to blame

by Greg Hambrick


French Quarter residents at their wits end over late-night bar patrons have doomed Pearlz to an 11 p.m. closing time, a potentially fatal curfew for the popular oyster bar.

The East Bay Street restaurant has been operating for years until 2 a.m., but it was discovered recently that the building is only zoned for business until 11 p.m. Business owners Mark Cumins and Jerry Scheer worked closely with the neighborhood association for concessions and recently pleaded their case in front of the city’s Board of Zoning Appeals. But they were narrowly rebuffed, largely over the concerns of individual residents on nearby streets who are seizing this opportunity to curtail a handful of Charleston's late-night bar crawlers.

click here to slide through to the whole City Paper account...

Pearlz Appeal Filed; Hearing Requested

Pearlz Oyster Bar has formally filed an appeal of the Board of Zoning Appeals decision to deny its request to legally stay open until 2am. The hearing was requested for the meeting of June 16. As of yesterday, the matter had not yet been put on the agenda for that meeting but it seemed quite certain to be included.

Pearlz in Compliance

Driving home on Saturday night at 11, I chanced by Pearlz. Patrons had exited the bar/restaurant and stools were up on tables.

Pearlz Ordered to Comply with Zoning Regulation

We have received the following e-mail from Sgt. Emanuele of the Charleston Police Department's "Team 2."

Mr. Bradford and French Quarter residents,

Today, I was sent a copy of the letter that the City zone compliance coordinator sent the owner of Pearlz. Her letter ordered the establishment into compliance with the 11pm closing time under pain of criminal action.

She also stated that Pearlz is still appealing the zoning board's decision. The next hearing is on 6-16-09. Until then, the zoning regulations should be enforced as they stand. I will be the night shift patrol sergeant Tues-Friday nights this week. I will personally address the issue should I see a violation. Please call Lockwood Station and ask for me if you need additional assistance.

Sgt. Emanuele

____________________________
Jason C. Emanuele, Sergeant
Patrol Supervisor
Charleston Police Dept.
Team 2, Squad D

One Resident's Viewpoint...

Pearlz Bar and Restaurant has been operating until 2AM for three years. Late night bars negatively affect neighborhood quality of life and the value of our home prices in the French Quarter. Inebriated patrons of bars on East Bay who walk our streets at 2-3 AM are frequently loud, sometimes very drunk and violent, and often litter and vandalize our property. It is discouraging and annoying to clean up our homes, gardens and sidewalks after the late-night weekend revelers. The offences seem to be increasing.

There is a steady southward march of late-night bars on East Bay St.
It is my understanding that the zoning decision goes with the land. If Pearlz’s permit allows 2AM serving, that permit will be grand-fathered to the next owner. It will be bad precedent. Our circumstances now will be negatively affected by late night bar creep and our future can be worse.

Mapquest shows Charleston’s downtown bars and restaurants primarily clustered around E. Bay and Market in the French Quarter. The weekly Charleston crime report that is published on www.crimeweb.net includes police maps for zone 222 and shows serious criminal activity centered around those bars.

I am on the FQNA board and am speaking for the residents who actually live here 24/7 and who feel that the FQNA board (many of whom don’t live downtown) has been unresponsive to neighbors needs. Recently, many of my neighbors signed a petition asking that the zoning appeal be denied. Homeowners need your support dealing with the fragile mixed-use balance of our neighborhood.

Sue Stewart
12 State Street

Account of BZA Decision on Pearlz

(from Sue Stewart)
Tues. night there was a hearing of the zoning board to consider Pearlz Oyster Bar variance request.
Pearls was represented by two lawyers who argued that it was unfair to require them to close at 11PM which would restrict competition with the other local bars who stay open later. In the past, since restaurants and bars in the area were given grand-father protection, they thought that privilege should be extended to Pearlz. Several people spoke on their behalf.

People against the variance spoke about reduced quality of life and to the precedent that an approval would set:
The Charleston Historic Preservation Foundation, the City of Charleston and several FQNA residents, Susan Bass, Katherine Rivers, Jerry Girmart, Susie De Merell stood to voice opposition.
Jerry Keynard, president FQNA, acknowledged some dissention in FQN, but spoke for approval with a 1AM compromise and certain conditions that included proposal of Bay St Merchant Association seat on our FQNA board.
Randy Bates, FQ property owner, seemed to speak for Pealz.
South Of Broad Neighborhood Association sent a letter to voice their opposition.
Sue Stewart, FQNA board member, representing neighbors who are opposed to the variance, sent a letter of opposition.
A petition to deny the appeal that was signed by French Quarter residents was presented.

The Board spoke:
The chairman express concern that this appeal might be a problem that the city council should take up. Two members thought that Pearls presence in the FQ was not bad. Mrs. White asked if Pearlz’s argument (based on ‘everybody else does it‘) was passed, what would stop every future application from being approved regardless?

The zoning board was split, 3 to 3, and when there's a tie, they deny the appeal. So the appeal for Pearlz 2AM closure was defeated.

This was a close call for our neighborhood. Pearlz may decide to appeal. If they do, we need to be ready.

Pearlz Variance Application Fails..

The six-member Charleston Board of Zoning Appeals apparently split right up the middle Wednesday evening in the final vote over whether Pearz Oyster Bar on East Bay Street would legally be permitted to remain open until 2am. The vote was three-to-three, meaning apparent defeat.
The French Quarter Neighborhood Association board had deliberated long and hard about the issue and was prepared to support the applicants, but only if certain stringent concessions were made.
Individual members of the FQNA, however, voiced their personal objections, some saying that a continuing string of similar variances would not do the neighborhood any good, and would undo whatever rationale officials had for imposing the "Limited Business" status on portions of East Bay and the surrounding area.
Presumably, Pearlz must now begin closing by 11pm. They had been remaining open until 2am most nights despite their zoning designation.
It is not known what recourse the Pearlz may have, if any.

Weekend Incident..

Two of us + a house guest returning home early Saturday night from dinner (9pm) confronted by a drunk young guy who intentionally stepped out in front of my car as if to dare me to hit him. As we passed, he slammed the car with his fist.

FQNA Board, Residents, Meet with Pearlz

The FQNA Board was joined by several members of the Association last night (Wednesday) in the boardroom of First Federal for a meeting with representatives of Pearlz Oyster Bar, seeking a variance from provisions of the Limited Business zoning restrictions governing its establishment on East Bay Street.
Those provisions require Pearlz to discontinue serving at 11pm. State Alcoholic Beverage controls otherwise permit serving until 2am, and Charleston permits that later closing time in business zones with fewer restrictions.
Pearlz had been serving until 2am, contending they were unaware that they were obligated under the law to close at 11.
It was a “meeting of the minds” set up in an attempt to reach a mutually-agreeable decision about how Pearlz might address the concerns expressed by many FQ’ers that allowing later serving could deepen problems with drunkenness, vandalism and crime.
Pearlz representatives contended their clientele was more mature and desireable than many of the noisier bars in the vicinity that cater to the college crowd. They also contended that they served meals until near the 2am closing hour
FQNA Board Chairman Jerry Keynard said it was in the Association’s best interests to hear the position of the Pearlz representatives because it could put the association in a good position to negotiate for stronger regulations in the future. He also said city officials expect neighborhood associations to discuss issues such as this, and to advise officials on an agreeable course of action.
The chief bone of contention was the 2am closing hour and residents’ belief that, as the night wears on, most patrons would be drinkers only – not ordering food. Pearlz representatives contended that was untrue, that late-hour revenue was nearly equal between liquor and food.
State Street resident Woody Rash asked Pearlz representatives if they would be willing to agree to a closing hour after 11, but before 2am. The answer to that question was “no.”
Chairman Keynard said the board would work with Pearlz on the wording of a proposed agreement that would spell out expectations on both sides—those of the neighborhood association and the bar/restaurant.
We hope to be able to publish that proposed agreement when it is reached.

Oops!... Another Postponement??

We now have a report that the Pearlz variance application won't be heard by the BZA (Board of Zoning Appeals) until May 5. More when we get it.

MEANTIME: One question for us and for the City: If in fact Pearlz has been serving in violation of zoning law, what penalty (if any) is there for such an infraction?

More Legal Background on the Pearlz Variance Application

State Liquor law provides that retail licensees (bars, restaurants) may sell alcoholic beverages until 2am.

Local law can trump that provision. And in the case of Pearlz, City of Charleston Zoning law does just that. See this citation:

Sec. 54-204. Hours of operation; restrictions.

a. Within CT. In commercial transitional, CT district, certain uses, as specified herein, are restricted to normal business hours. In the CT district, normal business hours are deemed to be hours of operation beginning no earlier than 7 a.m. and ending no later than 8 p.m.

b. Within LB. In the limited business, LB district, certain uses, as specified herein, are restricted to operating only between 7 a.m. and 11 p.m., except that theaters may operate beyond 11 p.m. although theater box offices may not sell tickets after 11 p.m.

(Ord. No. 1997-524, § 1, 11-25-97)

Pearlz is in a designated LB District in which liquor sales are restricted to a 11pm cutoff.
Clearly, if they are held to this, it will have a major impact on their profits.
Apparently, there is a history as to why this section of East Bay Street was designated "LB," likely to be that the City wished to keep noise and nuisance in this sector under strict control.

This, of course, is precisely why this is an issue now.

Meeting to Discuss Pearlz Variance Application

The meeting this Wed. (April 15) will be at 6 in the First Federal building (use the back entrance off of Chalmers).

More on Pearlz...

Reasons for the postponement of today's variance hearing for Pearlz Oyster Bar are hard to come buy.
Folks in the Zoning Board office to whom we spoke said a postponement is typically granted if an applicant asks for one. No reason need be given. Often, we're told, a postponement is requested if the applicant wants more time to build his or her case or to deal with growing opposition to the application.
Again, the date for the new hearing is April 21, at 5:15pm.
It is increasingly clear that Pearlz is seeking to legalize its longstanding practice of serving well past the time allowed by its license, 11pm. Many establishments have licenses that allow them to serve until 2am. Approval of this application would bring Pearlz into alignment with many of its competitors.
The question at hand is whether legalizing their practice of serving past 11 (and allowing them competitive parity with other bars and restaurants) would add substantially to the rowdiness in our neighborhood.

More on Pearlz Variance Application

Sue Stewart reports that the City itself is opposed to Pearlz' application to serve until 2am, and that the South of Broad Neighborhood Association is too.
Strategic note: if many of us are attending, let's attempt to arrive early and have a short huddle outside the meeting room before the meeting begins.

Zoning Appeals Meeting Tuesday 4/7/09

Pearlz Oyster Bar, at the corner of East Bay Street (#153) and Unity Alley, has asked for a variance to allow service until 2am.

Pearlz has become a popular venue on East Bay. It has several tables on the sidewalk.

This application is an interesting one for the French Quarter because of the general noisiness and rowdiness experienced in the neighborhood on weekends

The Zoning Appeals Board meeting will be held Tuesday, April 7, 2009, at 5:15 p.m., in the Meeting Room, Third Floor at 75 Calhoun Street.

The application is first on the agenda for the meeting

Here is the entry from the official meeting agenda.
A. Deferred applications from previously advertised BZA-Z agendas. For
information call 724-3781.

1. 153 EAST BAY STREET (FRENCH QUARTER) (TMS# 458-09-01-122)
Request variance from Section 54-204 to allow an existing restaurant to extend
hours of operation from 11:00 p.m. to 2:00 a.m. in a LB zone district.
Zoned LB.
Owners-Anthony Bakker, Unity Alley/Applicant-Jerald Scheer

March 28/29 Weekend on State Street

It sure was noisy again this weekend here on the corner of State Street and Unity Alley! We kept our front lights on all night both nights in hopes it would deter folks from vandalism, like pulling flowers from planters, etc. It seems to work.
At one point, I observed five pretty drunken tough-looking guys park a vehicle across the street and amble down Unity Alley. They looked like trouble. A few minutes later, a black and white cruiser passed the house headed toward Broad Street.
But, as of Monday, the only issue to report from this address was the usual noisiness!

Dock St. Theater Construction Update March 26, 2009

Construction Update per email from Carl Tarpley
March 26, 2009

1. Dock Street Project Work:

Exterior – At the portico, the damaged brownstone beam has been replaced and the brownstone steps are being installed. The handicapped accessible alley to the courtyard has been poured and the brick pavers will be laid later. The courtyard storm drain lines have been installed and will be covered with brick pavers soon. Minor brick repointing continues as needed, throughout the project.

Windows – Window sash repair and reinstallation are continuing and the interior window surrounds are being built and painted.

Roofs/Attics – Miscellaneous gutter and flashing work is ongoing. Framing for the clay tile cloister roof in the courtyard has begun.

Interior – Elevator #1 installation is underway. Throughout the building utility rough-ins continue. The 3rd floor is being painted. Bathroom tile installation is in progress on the 2nd and 3rd floors. Manual paint stripping of the detailed wood work is continuing in the Wadsworth Room, the Lobby, and the Gallery. The Wadsworth Room mantels have been sent out for restoration. Stripping of the stained trim in the house, balcony, and horseshoe is ongoing.

2. Other Activity in the Vicinity of the Dock Street Theatre:

Sidewalk Repair – The Public Service Department of the City completed the sidewalk repair at 134 Church Street last week.

WOW! Cops Respond Big-Time!

The chorus of complaints voiced by those attending last week's FQNA meeting were certainly heard!
As of approximately 11pm Saturday night, we saw the following at the northwest corner of State and Queen:
1 black and white cruiser with two officers
1 officer on horseback
2 bike patrol officers

It was very raucus in the neighborhood that night, but the CPD was certainly out in force!

WELCOME!

This is the place to come to post news, events & anything that can be shared throughout our great neighborhood and the great city of Charleston, SC. If you're not a "member" of the blog, send an e-mail to Tom Bradford. He'll set you up!
This blog will be moderated in its first stages, so not everything will instantly appear.
By all means, though, pitch in! This will work ONLY if you contribute.