January 6, 2010

City of New Orleans

Board of Zoning Adjustment

City Planning Commission

1340 Poydras Street, Suite 900

New Orleans, LA 70112

 Re: 528 Bienville Street

 Zoning Docket Number 240-09

Dear Members:    

We write on behalf of French Quarter Citizens, Inc. (FQC) and Vieux Carré Property Owners, Residents and Associates (VCPORA), French Quarter community organizations that work to preserve the quality of life in the Vieux Carré’ neighborhood, its historical character and architecture.

At the BZA’s December 14 meeting, FQC and VCPORA spoke in opposition to the applicant’s request for a deferral and indicated that they were prepared to comment in opposition to the applicant’s request for the waiver of the French Quarter height restrictions to permit a height of 74.6’ on a building already exceeding the 50’ height limit.

As FQC wrote Vieux Carré Commission (VCC) Chair Dr. Ralph Lupin on September 17, 2009, French Quarter Citizens has consistently opposed granting permission for buildings to exceed the 50 foot height limitation. The character of the French Quarter depends vitally on maintenance of its prevailing low-rise architecture, which has shaped the French Quarter for hundreds of years. It goes hardly without saying that the test applied to applications to exceed this limit must be high indeed.

We maintain that the applicant’s proposal does not meet the standards for granting a zoning variance set out in Section 14.6.4. Standards for Variances.

1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

There are no such special conditions or circumstances peculiar to the structure at 528 Bienville; indeed, research demonstrates that 20 structures (see attachment for addresses and images) in the immediate vicinity of 528 Bienville, and sharing its physical characteristics.  They would presumably be able to cite any waiver granted to 528 Bienville as justification for similar treatment.  Moreover, we believe that lack of recreational or open space do not constitute justification for granting a waiver of the height restriction.

2. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. 

No other properties in the same district commonly enjoy relief from plain language of the law that prohibits that building heights exceed 50 feet. 

3. The special conditions and circumstances do not result from the actions of the applicant or any other person who may have or had interest in the property. 

There are no special conditions or circumstances, and thus none that result from the actions of the applicant or any other person.

4. Granting the variance requested will not confer on the applicant any special privilege which is denied by this Ordinance to other lands, structures, or buildings in the same district or similarly situated. 

Granting the variance would indeed confer on this applicant a special privilege that is denied by the plain language of the Ordinance to other properties. The language relating to height limitations in the French Quarter is unambiguous; the applicant seeks treatment that would not be readily granted to other buildings similarly situated.

5. The variance, if granted, will not alter the essential character of the locality. 

The architectural character of the French Quarter rests heavily on the height limitation. Granting the waiver thus undermines adherence to this essential tenet crucial to maintaining the tout ensemble of the Quarter. This is particularly important because the building is not unique, and the precedent created by granting the variance could be widely cited for similar structures.

6. Strict adherence to the regulation for the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience. 

The proposed rooftop structure is purportedly to be used to shelter recreational activities. The owner would suffer no demonstrable hardship by not granting the height waiver. The building could be used for habitation, its intended purpose, with no diminution in the habitable area.

7. The purpose of the variance is not based exclusively upon a desire to serve the convenience or profit of the property owner or other interested party(s). 

Indeed, the property owner has stated that the purpose of the structure is for the convenience and pleasure of the owners. To the extent that “convenience” can be translated into economic terms, it would presumably enhance the owners’ potential profit upon resale.

In sum, the applicant’s application for waiver of the height limitation clearly fails the tests enumerated in the BZA’s criteria 1–7. Accordingly, the BZA has no course but to deny the application with prejudice. 

Respectfully submitted,

Ann Masson, President

Vieux Carré Property Owners, Residents and Associates
   

The letter below was sent to Mayor Nagin and all City Council members.

September 20, 2009

Hon. Ray Nagin

Mayor, City of New Orleans

1300 Perdido Street

New Orleans, LA  70112

Letter via email

Dear Mayor Nagin:

On behalf of the board and members of the Vieux Carré Property Owners, Residents and Associates, I am writing to request that the Request for Proposals for the redevelopment and management of the Municipal Auditorium be rescinded, and that the process be restarted so that public input can shape the use of this important public facility.

Before the storm, resident of the French Quarter enjoyed the proximity of the beautiful auditorium and many of us walked to the various cultural, social and community events held there.  Indeed, people from across the city, and even beyond, flocked to boxing matches, concerts, and other shows at this magnificent building.  We have only the information in the RFP to go on, but if our reading is correct, the building would no longer be an auditorium but a production facility, meaning it would be taken out of public use.  That would be quite a loss. 

We have been supportive in the past of public/private ventures, but have also always been supportive of transparency and public involvement in the stewardship of public resources.  In this case, the RFP does not seem to have been the end product of a process that engaged the community of stakeholders. 

We ask that you restart the process, convene community meetings, and solicit input from the public so that the best, most productive, and most beneficial use for this resource can be decided by the public.

Best regards,

Michael D. Moffitt

President, Vieux Carre Property Owners, Residents and Associates

   

Below is a letter sent by VCPORA as well as French Quarter Citizens and the Faubourg Marigny Improvement Association regarding the proposed rezoning of riverfront land for the "Reinventing the Crescent" park.  While we wholeheartedly support the creation of the park, we have some specific concerns about this proposal, and have asked the Council to defer the matter until key questions have been answered.  Click below to read the letter.  Continued  »  

On Friday, October 9, Judge Robin Giarrusso denied the owners of the business at 711 Bourbon (aka Bourbon Lights) their request for a preliminary injunction. 


The plaintiffs had sought a court action that would have allowed them to continue operating, despite the fact that permits were not obtained for virtually any of the work on the premises; despite the flouting of four stop work orders issued by the city; despite the fact that no structural permits or inspections have ever been conducted; and despite many other violations of building, preservation, and life safety codes. 

The bar owners had argued that any violations were the responsibility of the building owners, and that they as tenants shouldn't be punished because a third party didn't follow the rules.  But the city attorneys rightfully pointed out that the bar owners had both directed and benefited from the work, and had "unclean hands" and committed "bad acts."  They also countered the plaintiff's claims that the violations were "technicalities." 


We are grateful to our attorney, Alan Alario of Smith Stag, and to city attorneys Thomas Robichaux, Nolan Lambert, and Dawn Segura, who prepared the brief and successfully argued the case today.

This is a huge victory for the French Quarter, but for other neighborhoods as well.  When the importance of process is upheld, and everyone is compelled to follow the same rules, then all neighborhoods win!

Thank you, FQC members and friends, for your tremendous outpouring of support and justified outrage in this case.    

The bar at 711 Bourbon Street has obtained a court order to reopen!  VCPORA needs your help in getting city officials to enforce the law and protect our irreplaceable Vieux Carre!  Click below to read more!  Continued  »  

Last night, we got word that the bar was open.  Representatives of VCPORA and French Quarter Citizens met with Maj. Hosli, commander of the 8th District, at 711 Bourbon at about 9 p.m.  Word of our impending visit had apparently reached the bar operators, because by the time we arrived, the bar was closed!  We will be checking again tonight.

CLICK TO READ MORE!  Continued  »  

Dear VCPORA members and friends:

Earlier this week we told you about a special VCC meeting to address ongoing alleged violations at 711 Bourbon and 814 Orleans.  We attended the meeting, and were astonished by what we saw in the staff presentation.  And since then, there have been even more developments.  For many of us who've been involved in preservation issues for decades, this is the most egregious flouting of historic, building, zoning and life safety codes we have ever witnessed.

CLICK TO SEE PHOTOS AND READ MORE!!!  Continued  »  

Former VCPORA President Nathan Chapman led the organization for over 5 years, during which time we prevailed in nearly all of our efforts, and secured a veto to prevent the undoing of the de facto hotel moratorium in the French Quarter -  the first land use veto in New Orleans’ history!  In the interest of helping other neighborhoods prevail, Nathan developed a list of strategies. We’re pleased to make them available to everyone interested in protecting their neighborhoods, and winning at City Hall!

CLICK TO READ MORE!

 Continued  »  

Dear VCPORA members and friends,

Many thanks to those of you who attended the February 26 community meeting to discuss the proposed multi-unit residential building at 1137 Esplanade.  We had over 200 residents from the French Quarter, Treme, and Marigny in the audience that evening, all of whom care deeply about this prominent corner that affects all three neighborhoods.

Following that meeting, the presidents of VCPORA, French Quarter Citizens, and Historic Faubourg Treme Association met to discuss the outcome of the meeting, and wrote a joint letter to HRI, the developer of the proposed project, which summarizes the concerns expressed by residents.  A copy of that letter is below.  (The Esplanade Ridge/Treme Civic Assocation also signed the letter.)  We believe that by joining with other neighborhoods, our position is stronger, and we hope that HRI will be responsive to our concerns.

Also, this matter will come up at the next Historic District Landmarks Commission meeting.  That meeting will be held this Friday, March 13 at City Hall in Council Chambers, and will begin at 9:30 a.m.  HDLC regulates exterior appearance of buildings in historic districts, so anyone wishing to express their opinion of that aspect of the project is encouraged to attend.  Continued  »  

Illegal Short Term Rentals have been an issue in the French Quarter for many years.  One of the biggest challenges to fighting this problem is knowing which hotels and bed and breakfasts are legal and which are illegal.  Below is the official City of New Orleans list of legal short term rentals.  If you know of a bed and breakfast operating in the Quarter that is not on this list please contact us at info@vcpora.org  Continued  »