City Council Upholds Act 1228 Appeal

by Lyn Reed

The City Council recently upheld an appeal by French Quarter Citizens and VCPORA regarding a recent decision made by the Vieux Carré Commission on a change of use at 941 Decatur Street. The Commission must now reconsider its previous decision to grant the change of use without complete information on alterations to the building.

Applicant Gail Russell's request for a change of use from tourist information center to restaurant was granted by the Commission. Attorneys Stuart Smith and Tony Marino representing the two organizations stated in the appeal that the Commission granted the change in use without considering any safeguards or restrictions and without a full record of changes to the property. The appeal was based on the fact that the Commission's decision was inconsistent with the public trust and their constitutional mandate to preserve the essential assets of the historical district.

The appeal using Act 1228 was issued in order to establish proper procedures to be followed by the Commission when considering changes of use. The appeal stated that, in the case of 941 Decatur, the Commission:

1. Failed to consider all exterior changes to the building including signage and kitchen exhaust locations;
2. Failed to establish proposed hours of restaurant operation;
3. Failed to establish other possible proposed uses such as live entertainment, catered events, etc.

Because the Commission has previously failed to establish guidelines for approval of change of use petitions, it was felt that this appeal would force the issue for future considerations. The attorneys met with Lary Hesdorffer, Executive Director of the Vieux Carré Commission, and District C Councilmember Jackie Clarkson prior to the appeal hearing by the City Council in order to explain the reasoning for this action.