Audubon Riverside Neighborhood Association

Planning & Zoning Committee, Review Hearing Subcommittee

Mandate of Review Hearing Subcommittee

The Planning & Zoning Committee of Audubon Riverside Neighborhood Association established two subcommitteees: 1) the subcommittee known as the Review Hearing Subcommittee, and 2) the Long Range Planning Subcommittee. The Review Hearing Committee shall accept request for hearings on specific planning and zoning issues affecting the members of the Audubon Riverside Neighborhood Association, review said requests under a set of established guidelines, accept proper requests, conduct public hearings and issue a report or reports to the Planning & Zoning Committee for presentation and vote by the Board of Directors of the Audubon Riverside Neighborhood Association.

Process of Review Hearing Subcommittee

Request for Hearing

A member of the Audubon Riverside Neighborhood Association may request a hearing by communicating such request to either the corresponding secretary of the Audubon Riverside Neighborhood Association, the chairman of the Planning & Zoning Committee, and/or the chairman of the Review Committee.

Decision to Hold Hearing

A hearing shall only be held if a specific recommendation may be granted by the Audubon Riverside Neighborhood Association regarding a specific decision by a governmental or quasi-governmental body, such as: ordinances before the New Orleans City Council, including applications for zoning changes or variances; applications before the Alcohol and Beverage Control Board; the City Planning Commission; the Department of Safety and Permits; the Board of Zoning Adjustments, including specific application under the New Orleans Comprehensive Zoning Ordinance; any vote before a governing body of the Downtown Development, Industrial or Historic, District, the Housing Authority of New Orleans, the Port of New Orleans, the New Orleans Public Belt Railroad, the Regional Planning Commission, or the Sewerage & Water Board; the purchase or sale of land within the geographical boundaries of, or which would significantly affect, the Audubon Riverside Neighborhood Association, by a governmental or quasi-governmental body; and litigation before any State or Federal Court accepting amicus briefs. The Review Committee shall decide whether to hold a hearing within thirty days of any request. The Review Committee shall vote on whether to hold a hearing. A majority of the Review Committee, whether present and voting or not, must vote to hold the hearing. Votes may be conducted by meeting, phone or e-mail at the discretion of the Chairman of the Review Committee. Upon deciding whether to hold a hearing the Review Committee shall communicate the decision to the Planning & Zoning Committee and the Corresponding Secretary within 24 hours. The Planning & Zoning Committee or the Board of Directors may deny the Review Committee the power to conduct a hearing.

Scheduling and Notification of Hearing

The Review Committee shall schedule the hearing within thirty days and to allow for at least three days before the expected earliest date of relevant decision by the governmental or quasi governmental body. The hearing shall be scheduled to accommodate any applicant or other interested party within reason. The hearing shall be held preferably in the evening or on a weekend. The Chairman of the Review Committee shall notify the corresponding Secretary of the time and location of the hearing. The Corresponding Secretary shall notify the membership of Audubon Riverside Association and any relevant decision makers in the governmental or quasi governmental body. The applicant shall have access to all reports of the Review Committee adopted by the Board of Directors.

Comment Period

Members of the Association shall be encouraged to comment upon the issue, and shall be provided with a method of presenting comments in writing, which shall be reviewed, and if appropriate, forwarded to the applicant before the hearing.

Hearing Procedures

The Review Committee shall sit at a table in the front of the room facing the membership. Those persons who choose to speak before the Review Committee shall sit at a table facing the Review Committee. The President of the Association, and/or the Chairman of the Zoning & Planning Committee shall introduce the Review Committee and explain the issue before the Review Committee. The Chairman of the Review Committee shall explain the protocol for hearing. Each Review Committee members may make a brief statement to clarify the issues relevant to him. The applicant shall be allowed a reasonable period of time to present his application. The applicant may stand or sit such that he may be seen by both the Review Committee and the membership present. After the applicant has conducted his presentation, the Chairman may recognize a person or persons to present an opposition. The Chairman may then invite any Chairman of any other Audubon Riverside Committee or Subcommittee to make relevant comments based upon the proceedings of the committee. After each presentation members of the Review Committee may question the speaker. Then the Chairman shall invite comments from the membership present. The Chairman or other committee members may read written comments by Association Members not present at the hearing. The Chairman or other committee members may read questions submitted by Association Members. Persons speaking before the Committee shall sit at a table facing the Review Committee. All statements shall be directed to the Committee and not to the audience. The Review Committee may question those who choose to speak before the Review Committee. Members of the Review Committee shall avoid asking rhetorical questions. No vote shall be taken of persons present.

Standard of Review

The Review Committee shall consider whether the applicant is in good faith. If the applicant is found to be in good faith, the Review Committee shall favor the applicant if the application appears to be legal and would not impose significant deleterious effects upon the neighborhood. If the applicant is not found to be in good faith, then the Review Committee shall not be bound to favor the applicant regardless of the legality of the application.

Drafting of Reports

After the hearing the Review Committee shall retire to executive session. After appropriate discussion the Review Committee shall vote to endorse or not endorse the application presented. The Chairman of the Review Committee shall not vote unless the other members of the subcommittee can not reach a majority. The Chairman shall select a member of the majority to write a majority report and a member of the minority to write a minority report. The drafters of the reports shall submit the reports to the Chairman within 24 hours of the hearing and the Chairman of the Review Committee shall submit the reports to the President within 24 hours of receipt.

Hearings Conducted

Re: Proposed Demolition and Replacement Development by Mr. Douglas Kohnke -
5600 Tchoupitoulas St.


The Review Sub-Committee of Audubon Riverside, conducted a hearing regarding the above proposed development on August 26th, 2002, during which we heard the comments of the developer who then entertained the commentary and questions of the Sub-Committee members and the hearing's attendees. This dialogue was structured to address the 7 criteria contained in the city ordinance controlling the granting of demolition permits by the Housing Conservation District Review Committee. The Review Sub-Committee then retired to executive session and after appropriate discussion the Review Committee makes the following findings:

1. The Review Sub-Committee finds that Mr. Kohnke was in good faith in his representations to the Committee.

2. The Review Sub-Committee recommends that the ARNA Planning and Zoning Committee not formally oppose the demolition of the current structure.

3. The Review Sub-Committee was unable to substantiate the historical or architectural significance required for opposing demolition of the current structure. Its poor condition and its asbestos content compound this lack of evidence of architectural and historic significance, which lead us to focus on the propriety of the proposed development as the chief issue presented for discussion.

4. The varied mix of adjacent property usage includes residential (front), commercial (front), light industrial (right and left) and intensive freight transportation (rear). This provides a difficult if not inconsistent context by which to judge the appropriateness of this development. The neighborhood in general has expressed reservations, and some proximate neighbors have expressed strong reservations regarding this type of development as inconsistent with their residential locale. The developer has stated a willingness to mitigate the negative aesthetic impacts through no pole signage, placement of structures far from the curb and limited landscaping.

5. Taking into account the concerns expressed at the hearing, we recommend that ARNA offer to support the demolition of the structure if the following concerns are addressed:
a. The development's facade should have an aesthetic appearance that conforms with the neighborhood, similar to the aesthetic conformity and style of the following: similar dining establishments located on St. Charles Ave.; Robinson Lumber on the 4200 block of Tchoupitoulas St.; or by way of adjacent example, the “non-descript” main structure of the Uptown Car Wash on Tchoupitoulas St. Firm/final descriptions and/or an artist's rendering of the development in its anticipated form would be most helpful in making this determination.
b. The hours of the convenience store (not including the gas station) should be limited to 14 hours per day, preferably closing at 1 a.m. It is the Sub-Committee's opinion that the Winn Dixie Marketplace at 5300 Tchoupitoulas Street currently serves the neighborhood's need for 24-hour purchases.

6. The Review Sub-Committee recommends that the Board request that Councilman Jay Batt cooperate with the Long Range Planning Committee in effecting the redirection of traffic on Joseph Street to reduce the burden of this proposed development. The Sub-Committee also recommends that the issue of conversion of residential use properties, as well as some light industrial use properties, into retail commercial use be addressed through zoning changes. It is the Sub-Committee's opinion that the proliferation of such conversions in our area would have negative and unwanted effects on the neighborhood. These concerns include increases in traffic intensity, trash accumulation, drunken vagrancy and violent crime as well as a loss of historic aesthetic.

Note:

The pertinent ordinance passed by the City of New Orleans controlling the granting of demolition permits by the Housing Conservation District Review Committee reads in pertinent parts:

Whereas, the city desires to assure the public has every opportunity to comment on proposed demolitions within the housing conservation district; and

Whereas, the city desires to assure the all structures with architectural or historical significance are preserved;

...

Applications for demolition permits shall be reviewed ..., and shall be evaluated according to the following criteria:

1) the condition of the subject structure.

2) the architectural significance of the subject structure.

3) the historical significance of the subject structure.

4) the urban design significance of the subject structure as it relates to:

a) pedestrian perception and movement;

b) height, area and bulk of the structure and it how relates to the street scene, traffic, and to other buildings in the vicinity.

5) the neighborhood context of the subject structure, including the condition and architectural, historical and urban design significance of other structures in the vicinity of the subject structure.

6) the proposed length of time the subject site is anticipated to remain undeveloped.

7) the proposed plan for redevelopment, and its relationship to subsection (4) of this section.

8) the committee may require the applicant to secure or any required zoning approvals for the redevelopment of the property prior to issuance of the demolition permit.

Report of the Review Subcommittee of the Planning and Zoning Committee on the hearing regarding 6333 Magazine Street:

Per motion of the Board of Directors "the Review Hearing Committee shall accept requests for hearings on specific planning and zoning issues affecting the members of the Audubon Riverside Neighborhood Association, review said requests under a set of established guidelines, accept proper requests, conduct public hearings and issue a report or reports to the Planning & Zoning Committee for presentation and vote by the Board of Directors of the Audubon Riverside Neighborhood Association. A hearing shall only be held if a specific recommendation may be granted by the Audubon Riverside Neighborhood Association regarding a specific decision by a governmental or quasi-governmental body, such as ... the Board of Zoning Adjustments." Per the above, the Planning & Zoning Committee requested a hearing regarding the conversion of a residence at 6333 Magazine Street to a bakery. On May 22, 2003, the Review Committee consisting of Chairman Stephen Gele, and members Grant Cooper, Linda Roussel and Scott Purinton, heard a presentation by Alva See of the Planning and Zoning Committee. Alva See presented several photographs and correspondence between Planning and Zoning Committee and Johnny Odom, Chief Building Inspector of the City of New Orleans, and excerpts from the New Orleans Zoning Ordinance authorizing the appeal of a decision by the Department of Safety and Permits to the Board of Zoning Adjustments. Alva See, on behalf of the Planning and Zoning Committee, requested that the Planning and Zoning Committee be authorized to appeal certain decisions by the Department of Safety and Permits to the Board of Zoning Adjustments.

The Review Committee finds:

1) The hearing did not strictly follow the Review Committee guidelines as the hearing was not "scheduled to accommodate any applicant or other interested party within reason." Tinh T. Nguyen, owner of the bakery, was not notified of the hearing. However, the Review Committee finds that the Planning & Zoning Subcommittee acted in good faith as neither Tinh T. Nguyen nor Safety & Permits responded to previous requests for meetings.
2) The project constitutes a potential danger to members of Audubon Riverside and the general public as follows:
a) the driveway adjoining 6035 Magazine would require a customer to back out at a blind curve where the street narrows facing oncoming traffic on Magazine Street;
b) the lack of adequate turning space in the rear parking lot may on occasion require a customer to back out onto traffic on Magazine Street;
c) inadequate drainage caused by the additional pouring of cement causes water to pour into the adjoining parking lot;
d) the City failed to assure that no cooking or baking would be conducted on site, such cooking or baking creating additional safety concerns not addressed because Safety and Permits accepted the representation by the owners that no food would be cooked on site, although the owner made contrary representations in other filings with the City of New Orleans;
3) simple measures could be taken to mediate or alleviate these dangers, such as adding a planter or removing a cub cut, running a drainage pipe, etc., without compromising the conversion;
4) the owner likely paid grossly inadequate fees to the city based on a gross underestimation of the cost of the construction, but an appeal to the Board of Zoning Adjustments would not be the preferred forum for addressing an apparently systemic problem.

The Review Committee requests that the Board of Directors:
1) approves this report of the Review Committee;
2) authorizes the President or her designate to attempt to contact and resolve the problems recognized by the report before the date for the appeal to be filed before the Board of Zoning Adjustments;
3) authorize the Planning and Zoning Committee to file an appeal with the Board of Zoning Adjustments if the President or her designate can not resolve the problems recognized by the report before the date for the appeal to be filed before the Board of Zoning Adjustments; 4)appropriate the $200 fee to file the appeal;
5) authorize the Planning and Zoning Committee to in the future review the general adequacy of the Safety & Permits Department of the City of New Orleans in evaluating projects within the boundaries of Audubon Riverside and make recommendations to the Board of Directors as to whether issues regarding inadequacies at the Safety & Permits Department should be addressed with elected representatives.

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