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.