Saturday, May 9, 2009

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.

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