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SHORT TERM RENTALS

June 8, 2016 by Charlie London

The City Council is voting on short term rentals on October 6th.
Write to them and tell them you want to keep neighbors in your neighborhood.

 

shead@nola.gov
jasonwilliams@nola.gov
sgguidry@nola.gov
lcantrell@nola.gov
districtc@nola.gov
councildistrictd@nola.gov
jagray@nola.gov

***

***

Lisa Amoss writes, “This is a problem that is rapidly spiraling out of control.  While, in our post-Katrina recovery and rebuilding mode, we haven’t been paying attention, our neighborhood (and many others) have been invaded by short-term rentals and they are drastically changing our character and culture.  I am NOT talking about neighbors renting out rooms in the homes they occupy, nor about anyone occasionally renting out the entire home they occupy for Jazz Fest while they are out of town.  I am talking about developers coming in and buying up multiple houses, then renting them out as a business venture.  These are hotels in residential neighborhoods.  They are creating parking and noise problems on our residential blocks, and they are helping to drive up housing prices so that young families cannot afford to buy homes here any more.  Our neighborhood is becoming increasingly occupied by transients who have no vested interest in keeping this a vibrant, diverse and safe place to live.  If your block has not yet experienced this, there are many in FSJ that have.  And it’s changing faster than you can imagine. ”

Cynthia Scott writes, “The ‘hotel’ on my block has now graduated to an events rental venue. Last week, for 3 or 4 days running, the space was rented to someone from Tales of the Cocktail for a daily party from early afternoon to 7 pm each day, with a DJ blasting extremely loud hip hop and other music and a constant stream of people being ferried from the CBD to the location via Uber. A week or two earlier the space was rented for the day to a HUUUUUGE (to paraphrase a certain candidate) birthday party which drew people from all over the city, with cars racing up and down our one-way street and parking in people’s driveways. They departed by sundown, so neither of these rentals could be considered a “home rental” by any definition.

SHORT TERM RENTALS

brinkman_j_lgby Emile J. Brinkmann

intlunionI am submitting these comments in connection with the City Planning Commission’s reconsideration of the issue of Short-Term Rentals (STRs) in Orleans Parish, and the City Council’s directive that a proposed zoning ordinance be drafted. As a point of background, I am the retired Chief Economist of the Mortgage Bankers Association in Washington and spent years running a research group dedicated to housing and housing finance issues. I have appeared on all of the major network and cable news shows, and have been quoted in newspapers through the US and other countries. Even though I retired and moved back to New Orleans two years ago, I am still the US representative on the executive committee of the International Union of Housing Finance, a 100-year old organization dedicated to housing issues around the world.

strdestructionBased on my background, I cannot think of an action that would be more destructive to the fabric of our neighborhoods and the well-being of our homeowners than the legalization of STRs for the benefit of a few, thereby rewarding those who take advantage of a lack of enforcement to violate existing laws with impunity. In Part One of my comments, I will make three basic points about the negative economic effects on homeowners. In Part Two I will address comments that have been made to the effect that AirBNB, VRBO, and similar operations are like Uber and are merely part of the growth of the so-called sharing economy.

Part One
1) STRs fundamentally upset residential valuations by introducing unsustainable commercial valuations into residential neighborhoods.
We have already seen home prices in historically significant neighborhoods increase at rates far in excess of the local incomes needed to support those prices. A significant portion of those home price increases are due to ability of some of the properties to earn upwards of 20 percent to 25 percent return on investment through illegal renting. This is great news if you already own a home in one of these areas and will be selling soon. Because the Assessor’s Office has no way to separate out house sales for STR usage, this is great news if you are the city collecting residential property taxes based on values inflated by STR commercial use. It is bad news if you are trying to buy or rent in Mid-City, Treme, the Bywater, or other impacted neighborhoods in order to live in the city.

It is terrible news if you are a long-term resident with no intention of moving, but are now faced with an annual property bill driven up by the valuation effects of illegal renting.

The valuation and property tax problem will likely be exacerbated by the idea that the city can mitigate the negative impact of STRs by limiting the number allowed per block face. The owner of the first one on the block makes a killing, and the value of that property goes up. However, the other owners on the block not only have to deal with the disruptions caused by the STRs and the higher property taxes, they are precluded from selling at the higher STR-driven prices because no other STRs will be allowed on their block (assuming for the sake of argument that the city would actively enforce density limitations). Therefore, the idea that the negative impacts of STRs can somehow be ameliorated by reducing the permitted densities can actually make more people worse off from a valuation perspective.

Given the instability of this structure and the lack of equitable treatment in terms of valuation and who is allowed an STR and who is not, I do not believe density limits would survive legal or political challenges, and are therefore not a viable option to prohibition.

Crown Point neighborhood signsThe result is that if you are a New Orleans resident with no intention of selling and moving, you would not only face the prospect of having weekly fraternity parties next door, you get to pay higher property taxes for the privilege. The result is that if you are looking to buy, you risk over-paying and being underwater on your mortgage if something were to happen suddenly to impact negatively the STR business, as will be covered in the next point.

2) Short-term Rentals directly inject the business risk of tourism into residential neighborhoods.
keepneighborsHotel owners and operators are accustomed to the business risks associated with the travel and hospitality industry. These risks are reflected in their operational plans, capital investments, and equity and debt financing costs. They understand that in a recession, travel is disproportionately impacted as businesses cut back on discretionary travel as a first response. They learned in the aftermath of the 9/11 attacks that terrorism can interrupt air travel, and that even when flights are restored, companies will impose travel restrictions on key personnel.

In New Orleans and other hurricane-impacted areas, they have learned that even the threat of a storm, with or without a mandatory evacuation, can cause their rooms to empty and disrupt operations for some time. (As a side note, would operators of STRs be required to maintain enforceable hurricane evacuation policies for their guests, or would responsibility for these visitors fall on the city?)

In contrast, the health of the hospitality industry has a more muted impact on the traditional residential housing market in New Orleans. Tourism is only one of the legs of the New Orleans economy, and there are other legs to support the New Orleans jobs market and home prices. STRs, however, directly inject the risk of the tourism market into every neighborhood of the city where they exist. Demand for houses and high prices exist when owners can earn high returns, but what happens in a downturn? What happens when tourism suddenly slows for one of any number of predictable and unpredictable reasons? What happens is what we have seen in other housing markets dominated by investors and speculators. At the first sign of a reversal, they sell with a vengeance, driving down prices and leaving the long-term residents suffering the consequences of rapidly falling prices and “For Sale” signs everywhere. If the properties are leveraged, they can sit for months and years as they work their way through the mortgage foreclosure (and probably bankruptcy) process, further depressing values.

Real estate speculation is a fact of life. Some people win and some people lose. When a strip mall goes bankrupt on Airline Highway, the negative consequences (other than to the property’s owners and lenders) are limited to having one more eyesore around town. When that speculation, however, is driven by STRs and is occurring in some of the city’s most important and historic residential neighborhoods, the negative consequences of a drop in tourism will go right to the hearts of these neighborhoods, and will be much more severe and widespread than any normal downturn.

3) Weekly bachelor parties are more than a nuisance. They represent a real loss of value for the neighbors.
Many of the comments presented to the CPC and the City Council on this issue have dealt with the horror stories of late night parties and the problems that occur when out-of-towners believe that they can freely extend the revels of Bourbon Street to the residential neighborhood where they have rented a house for the weekend. The problems go far beyond loss of sleep, frustration with the inability of an under-staffed NOPD to deal with noise issues, and the absence of a private right of action to move against the owners of the offending properties. They represent a real loss of value to anyone attempting to sell an impacted home to anyone other than an STR operator. (I do not know whether the failure to disclose a nearby nuisance STR in a real estate declaration has been tested in a Louisiana court, but I am fairly certain it would be actionable in other jurisdictions.)

The logical outcome is that once an STR opens on a block, the only informed sales that would not be negatively impacted by the existence of the STR would be those to another STR operator. As already noted, however, such a sale would be prohibited if density limitations were put in place as part of an attempt to make STRs politically palatable.

This points again to the utter fallacy of putting any faith in density limitations. The idea that the CPC and the City Council would not be inundated with requests for exceptions, and that many of those requests would be granted, simply ignores political reality. That assumes, of course that the many illegal operators of STRs would even apply for exemptions to the density limits. The reality is that the city has failed for years to deal with illegal STRs. Based on this history, it is reasonable to expect that any density limits would be ignored or gutted in a few years.

keepneighborhoodsIn conclusion, the adoption of a legal STR framework for residential neighborhoods, particularly for non-owner occupied structures, would have tremendous and largely irreversible negative impacts on the fundamental character of the city for years to come. Ignoring the quality of life issues, the economics alone will lead to a further hollowing out of the city’s full-time residents. Homeowners will see that the rational action is to sell. They would avoid both the higher property taxes and the risk of a speculative bubble bursting with downturn in the tourism industry.

Part Two
AirBNB is not like Uber
It has often been argued that AirBNB and similar operations are nothing more than Uber for houses, that they are simply one part of an irreversible movement toward a shared economy where technology brings together the buyers and sellers of various services. At their best, such arguments are facile and do not stand up to even a modest amount of economic scrutiny. At their worst, they are a bald-faced attempt to direct attention away from what is illegal activity by saying that it is no different from what everyone else is doing in other areas of the economy. In reality, the only similarity between Uber and AirBNB is that both rely heavily on computers and smart phones.

Uber is an example of what the Austrian-American economist Joseph Schumpeter described as “creative destruction”. The idea is that in a capitalist system, economic growth occurs when innovators put their money behind new ideas for goods and services. While the creative process is the key for creating new markets and new opportunities, it comes at the cost of destroying old products and services, and the capital invested in delivering those old goods and services.

A prime example is Blockbuster versus Netflix. Blockbuster invested huge sums in brick and mortar stores and an inventory of video tapes, and later DVDs, to fill the shelves in those stores. It had a large complement of employees to man the cash registers and stock those shelves. Along came Netflix with the idea that people could go to their computers, select what titles they wanted to see, and have the DVDs delivered a few days later by the postal carrier. Immediately successful, the service Netflix created began the destruction of the hundreds of millions of dollars Blockbuster had invested in its system. Later, when Netflix switched to streaming content, it effectively destroyed the capital Netflix itself had invested in DVDs and its mail order business.

In Uber’s case, it challenged the existing way of summoning a taxi, as well as introducing a model that matched supply and pricing to peak periods of demand. Uber was challenging the economic model of the taxi business, but, more importantly, it challenged the local regulatory framework for taxis that existed in each of the cities where it sought to operate. Its success has come in exposing and differentiating between those regulations that were necessary for the public’s protection and those regulations that merely existed to protect the status quo. After all, until Uber, the method of summoning a cab outside a hotel had not really changed since the 1800s. This is Schumpeter’s creative destruction process at work.

The key difference between Uber and AirBNB (and similar companies) is that there is nothing fundamentally illegal about the service Uber provides. Paying someone to take you in his or her car from Point A to Point B is not inherently illegal, provided appropriate licensing requirements are met. The only ones harmed by the Uber innovation are those invested in the old ways of doing business.

In contrast, AirBNB and similar services are providing technology platforms that offer services that are fundamentally illegal. The regulations of which AirBNB facilitates the violation are not there to protect capital invested in the hotel industry. Rather AirBNB is facilitating, for a profit, the violation of zoning laws that were enacted to protect individual homeowners from this type of commercial activity. If the only harm was to the established hotels and legal bed and breakfast establishments, it could be argued that AirBNB is just another example of Schumpeter’s creative destruction. However, the true harm and destruction is to the residents of the neighborhoods disrupted by the illegal short-term rentals. The residents of these neighborhoods do not have capital at risk in the hospitality industry like Marriott or Hilton. Rather the capital they have at risk is in homes that they trusted would be protected by zoning laws and the enforcement powers of the city government. It appears that trust was misplaced.

Therefore, AirBNB has nothing to do with Uber or Schumpeter’s growth through creative destruction, but is simply a case of making a fast buck at the expense of someone else by facilitating an illegal activity. The closest parallel to AirBNB is not Uber, but hiring prostitutes with Craig’s list.

Sincerely,
Emile J. BrinkmannNO-short-term-rentals

 

 

 

 

An open letter to the Tales of the Cocktail Community regarding the effects of Short Term Rentals in New Orleans

Dear friends,

This open letter is not about Air…BnB as such, but about the challenge of supporting your industry and community amidst new paradigms of travel and tourism. When Tales of the Cocktail was founded, we deliberately placed the event in July, one of the most difficult months for our local economy, in an effort to help increase revenue for New Orleans’ many hospitality businesses and employees. The hotels, bars, restaurants and thousands of hospitality workers they employ have been grateful for Tales of the Cocktail, and we want to continue to do right by them. In this spirit, we write to you today to help raise awareness about the effect short term rentals, such as AirBnB, are having on residents, business owners, and event producers, like ourselves.

Bar manager at Erin Rose, and former CAP, Rhiannon Enlil was given a notice of eviction last week, after four years in her apartment because her landlord wants to list the property on AirBnB. This is by no means an isolated incident. There are now over 4,316 AirBnBs operating in New Orleans.

“There are a finite number of homes in this city, and the demand is high for workers and residents who keep the economic engine running. If you allow short-term rentals to eat away at that supply, the appeal to live and work in this city diminishes. All of the visitors who use short-term rentals, who want to eat in our restaurants, listen to our live music, drink in our bars… who will serve them if we in the service and entertainment industry cannot afford to live here?”

Rhiannon Enlil
Erin Rose
Newly evicted tenant

This issue is also having a significant impact on the hotels and licenses B&B’s in New Orleans. Hotels are one of the longest standing harbingers of hospitality. They employ hundreds to thousands of people, provide insight and infrastructure to guests, and work with event organizers to facilitate events that would otherwise not be possible, such as Tales of the Cocktail. Every tasting room and seminar we facilitate is done so in a hotel, and it’s hard to imagine where else we could possibly produce so many events within one week. Because of our longstanding relationships with these hotels, we’re able to negotiate special rates for Tales attendees year after year. Hotels are experienced in the practice of hospitality, and legally qualified to accommodate our guests, whereas short term rentals, which are illegal in New Orleans, fundamentally upset residential valuations by introducing unsustainable commercial valuations into residential neighborhoods.

In this spirit, we encourage you to stay with one of our partnering hotels (or even another local hotel if you prefer), but please avoid staying at an AirBnB or other short term rental property that is not legally sanctioned to operate in New Orleans. Each short term rental takes revenue away from our own hospitality industry; if the hotels are operating below projected capacity, staff hours get cut, and employees get laid off. Tales of the Cocktail is one of many organizations in New Orleans working to have these illegal rentals addressed by our city government, but in the meantime, we encourage you to consider the matter for yourself. Everyone wants the best deal they can find, but sometimes the best deal results in an exceptionally rotten deal for everyone else. We employ you: help us keep locals in their homes and guests visiting our city in the many beautiful and hospitable hotels and B&Bs New Orleans has to offer. Thank you for your time and consideration. If you support this effort, please share this post.

Respectfully,

Tales of the Cocktail

Thank you to our partnering hotels: Hotel Monteleone, Royal Sonesta Hotel New Orleans, Ace Hotel New Orleans, AC Hotel New Orleans Bourbon, Bienville House, Bourbon Orleans Hotel, Dauphine Orleans Hotel, Hotel Le Marais, Hotel Mazarin, MOXY NOLA, Omni Royal Orleans Hotel, The Ritz-Carlton, New Orleans, W New Orleans – French Quarter.

TODAY, Tuesday, June 14, at 1:30 p.m., the City Planning Commission will propose a CZO amendment to allow all categories of short-term rentals, and make short-term rentals permitted and conditional uses in all neighborhoods. The CPC Staff Preliminary Report makes these and other recommendations, and has little information on enforcement mechanisms to control and penalize illegal operators.
For information on today’s meeting and a link to the Preliminary Staff Report, please use the link, below – short-term rentals appear as agenda item 9.
http://cityofno.granicus.com/GeneratedAgendaViewer.php
Call the CPC at (504) 658-7033 before you go to make sure the vote will take place today and that there will be time for public input.
If you are able, please attend the 1:30 p.m. today, Tuesday, June 14 CPC meeting in City Council Chambers to voice your opinion. Thank you.

Preliminary Staff Report

Preliminary Staff Report – Public Comments 1

Preliminary Staff Report – Public Comments 2

Preliminary Staff Report – Public Comments 3

Preliminary Staff Report – Public Comments 4

Preliminary Staff Report – Public Comments 5

Preliminary Staff Report – Public Comments 6

Preliminary Staff Report – Public Comments 7

Preliminary Staff Report – Public Comments 8

Preliminary Staff Report – Public Comments 9

Preliminary Staff Report – Public Comments 10

Filed Under: CRIME, Featured, HISTORY Tagged With: air bnb, airbnb, bad for neighbors, bayou st john, best neighborhood in New Orleans, destruction of neighborhoods, faubourg st john, greedy, New Orleans, new orleans best neighborhood, short term rentals, wrong, zoning

Youth Rebuilding 2801 St. Ann

October 9, 2015 by Charlie London

2801StAnngoogle
Youth Rebuilding New Orleans conducted the formal neighborhood participation meeting regarding their interest in regaining a non-conforming use of an old corner store at 2801 St. Ann St.

Youth Rebuilding New Orleans, the non-profit owner of the property, is interesting in rehabilitating the property and seeking a B1a zoning designation so the property can serve in some commercial capacity beneficial to the neighborhood.

The current plan is to renovate the space with apartments in the rear and a 400 square foot commercial space at ground level in the front. Several business types have been discussed with a coffee shop being among the most requested by initial surveying.

Folks learned more about the project at 2801 St. Ann on Saturday, October 10th at 11:30 am Plans and the initial letter are below:

Click on the plans for a larger view.
Click on the plans for a larger view.

Click on the letter for a larger view.
Click on the letter for a larger view.

Youth Rebuilding is a non-profit rebuilding organization that has been in operation since 2006.

Their mission is to engage local youth in the greater recovery of the city of greater New Orleans. The organizational model includes purchasing blighted properties damaged by Hurricane Katrina, renovating them using youth staff and volunteers, and selling the properties at a reduced rate to local educators.

Last year, Youth Rebuilding purchased 5 properties in Faubourg St. John. The former corner store at 2801 St. Ann, a residential property at 2753 St. Ann, a carriage house at 2751 St. Ann, and a double lot at 2754 and 2760 St. Ann. All of the properties, with the exception of 2801 St. Ann, will be renovated and sold at a discounted rate to local teachers and educators.

Youth Rebuilding would like to renovate 2801 St. Ann and retain its commercial zoning.
A meeting was held on October 10, 2015 at 2801 St. Ann to seek input from neighbors on uses for the building.

handout3handout2a

Filed Under: Featured Tagged With: 2801 St. Ann, best neighborhood in New Orleans, faubourg st john, zoning

Neighbors Oppose Sale of Alcohol by Stallings Playground

June 25, 2015 by Charlie London

GentillyFoodMartOn February 9, 2015,  Brian Kelly represented Mario Hizaj and Gentilly Food Mart at the Faubourg St. John Neighborhood Association meeting in an effort to obtain support for a license to sell beer at 1629 Gentilly Blvd.

The minutes from the Faubourg St. John Neighborhood Association meeting indicate that Mr. Kelly stated that the facility is 300’ from the playground (Mr. Kelly revised that number to 127 feet from the playground at the hearing). A copy of Sec. 10-237 of the City Code was provided at the meeting. Mr. Kelly further stated that there are variances allowing stores to sell beer. The variances include limiting the amount of liquor that can be sold, that package liquor can not be advertised outside of the business, and re-registration each year. Mr. Hizaj is proposing that 7% of his store will be dedicated to beer. Mr. Hizaj will provide a monthly donation to the park. The store has closed-circuit TV and he doesn’t allow loitering.

A motion was made by Sarah Stogner to oppose the request to sell any alcohol at Gentilly Food Mart. The motion passed.

***

GentillyFoodMart1On June 18, 2015, neighbors saw a notice on a utility pole on Maurepas Street about a hearing to be held where the City Planning Commission had recommended approval of zoning docket 52-15 which would allow the sale of alcohol for off-premises consumption at 1629 Gentilly Blvd.   Provisos were suggested.

***

On June 23, 2015, over 20 neighbors on both sides of Gentilly Blvd. attended the hearing. The neighbors were all against the sale of alcohol across from the playground due to the detrimental effects on the playground of the sale of alcohol from the Fair Zone convenience store before it closed.   Increased crime, constant loitering, and drinking of alcohol by loud and unruly men in the playground were cited as reasons for opposition.

***

In the video below, you will see a diverse group of people all in opposition to the sale of alcohol across from Stallings playground.

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Details can be found here in the preliminary staff report.

Gentilly-Food-Mart-ZD_052-15-2015june23

Filed Under: Featured, HISTORY, Zoning Issues Tagged With: alcohol in playgrounds, bayou st john, best neighborhood in New Orleans, faubourg st john, New Orleans, opposition to alcohol, stallings, stallings playground, zoning

NOTICE ME

October 4, 2014 by Charlie London

cityofnologo-webCITY LAUNCHES NOTICEME, A NEW ONLINE TOOL FOR RECEIVING EARLY NOTIFICATION OF LAND-USE CHANGES

NEW ORLEANS, LA – Today, the City of New Orleans launched a new early notification online tool to inform citizens of land-use information and of opportunities for public comment on proposed land-use changes. The NoticeMe app, now available at noticeme.nola.gov, generates custom emails filtered by meeting date, geography, and type of issue. Citizens can choose to receive notifications from one or more specific areas including by Council District, self-reported neighborhood association boundaries, or a custom area. Citizens can also specify how often they would like to receive emails. NoticeMe was designed to complement the success of City’s Neighborhood Participation Program for Land Use Actions which was adopted in 2012. The New Orleans City Planning Commission Office, Mayor’s Office of Neighborhood Engagement, Mayor’s Innovation Delivery Team, and Office of Information Technology & Innovation collaborated to develop the application as part of an ongoing effort to improve customer service.

Click here to sign up for NoticeMe

http://noticeme.nola.gov/

“Since taking office in 2010, we have been committed to providing an open and transparent government that responds to the needs of our citizens,” Mayor Mitch Landrieu said. “In doing so, it is not uncommon for the average citizen to feel overwhelmed by the amount of information available to them and the number of public meetings scheduled. NoticeMe is an innovative tool that empowers our citizens to custom search by geographic location the specific information they need to stay informed on land-use changes anywhere in New Orleans.”

Citizens who register for NoticeMe will receive email notices of public hearing schedules and when a report is ready. Types of notifications include board actions related to:

*             City Planning Commission (CPC) notifications for Conditional Use requests, Zoning
Changes, Text Amendments, and Major Subdivision;

*             Board of Zoning Adjustments (BZA) notifications for Variance and Decision Appeals; and

*             Safety & Permits notifications for Zoning Verifications and Non-Conforming Use
Determinations

City Council President Stacy Head said, “NoticeMe is a useful and easy-to-use tool for citizens to receive custom, relevant and up-to-date information and notifications about land use issues in their areas of interest.  It will assist residents and neighborhood organization leaders in tracking potential changes in their neighborhood and alert them when pertinent meetings are scheduled.  I encourage citizens to sign up and begin using the software today.”

District A Councilmember Susan G. Guidry said, “As a longstanding advocate for community engagement, I applaud this step toward improving transparency and demystifying the land use process. NoticeMe will make it easier for residents to learn about land use matters in their neighborhoods and let them know when and where they can make their voices heard on important quality of life issues.”

District C Councilmember Nadine M. Ramsey said, “Public engagement, openness and transparency are critical to good government. The NoticeMe tool is another great way the City of New Orleans is providing access to information so the public can make informed decisions.”

District D Councilmember Jared C. Brossett said, “NoticeMe is a convenient, customizable tool that not only delivers notifications about land-use changes, but also informs citizens of upcoming opportunities to voice their own opinions about changes in their neighborhoods, their District, or any area of their choosing. It’s a great resource and an easy way for residents to remain engaged in land-use activities.”

District E Councilmember James A. Gray, II said, “”I’ve attended numerous community notification meetings where I was one of the few people there because citizens don’t get adequate notification about proposed land use for their area. We hope this new tool helps to solve that problem.”

CITY PLANNING COMMISSION

The City Planning Commission is charged with reviewing requests for master plan amendments, zoning map changes, conditional uses, and text amendments to the Comprehensive Zoning Ordinance (CZO) and making recommendations to the City Council. The City Planning Commission is also responsible for acting on requests for the subdivision of land.

The Planning Commission meets the second and fourth Tuesday of each month (unless otherwise indicated) at 1:30 p.m. in the City Council Chambers (City Hall, 1E07). At the public hearing, the City Planning Commission hears proponents and opponents to the proposed changes. All interested parties are encouraged to attend and all relevant comments concerning the proposed changes are encouraged.

BOARD OF ZONING ADJUSTMENTS

The Board of Zoning Adjustments hears and makes final decisions on requests for variances from the requirements of the Comprehensive Zoning Ordinance and considers appeals of Decisions by the Director of Safety and Permits.

The Board of Zoning Adjustments meets the second Monday of each month (unless otherwise indicated) at 10:00 am in the City Council Chambers.

Filed Under: Featured Tagged With: city of new orleans, zoning

BGR Suggests Trojan Horse in CZO

October 1, 2014 by Charlie London

BGR

The Bureau of Governmental Research Suggests Serious Problems
Exist in Proposed Comprehensive Zoning Ordinance.

Click here for the full report.

Since 2011, BGR has raised concerns with each successive draft of Article 5. While the City Planning Commission has made changes in response to some of BGR’s suggestions, our most critical concerns remain unaddressed. At this late stage of the game, with the City Council moving quickly toward final approval of the draft CZO, the prospects for creating an acceptable revision seem bleak.

For that reason, BGR recommends that the City Council eliminate Article 5. In its current form, the article puts up for grabs hundreds of pages of zoning rules that have absorbed vast amounts of civic energy and taken years to fashion. However, should the council proceed with Article 5, it should at a minimum do the following:
•
Eliminate the general provision that puts all zoning regulations on the bargaining table in exchange for benefits. Also eliminate the smorgasbord of potential beneficial project features to be used in exchange for zoning exceptions.
•
Instead, craft a set of district-specific sections setting forth the relevant challenges the city hopes to address in each area. Each section should contain:
o
A clear statement of intent identifying what problem the section is attempting to solve and how that problem relates to the geographic areas covered.
o
Strategies that flow directly from that statement.
o
A statement specifying which zoning rules can be bent, with a narrative explaining why exceptions to such rules relate to the stated intent and strategies. There should be clear limitations on the exceptions.
o
Detailed guidelines for decision-making bodies to use in determining whether the exceptions requested for a development are necessary to advance the strategy for that district category.
If the challenges and strategies to address them in a given type of zoning district cannot be clarified, the pertinent section should be struck from Article 5. The article could be amended later, if suitable strategies are created.
•
Make the minimum site size requirements ironclad. The language allowing exceptions to the minimum if “there are … exceptional circumstances affecting the property” should be struck. Consideration should be given to increasing the minimum site sizes, so that fewer sites across the city are thrown into play.

Click here for the full report.

Filed Under: Zoning Issues Tagged With: bayou st john, bgr, czo, faubourg st john, New Orleans, zoning

Two Zoning Issues in Faubourg St. John

May 13, 2013 by Charlie London

by Greg Jeanfreau, Zoning Committee Chairman

zoning2013may13a
3127-PonceDeLeon
On Friday 5/10/13, I spent time at City Hall speaking with a staff member for the City Planning Commission. I was able to obtain the file for 3127 Ponce De Leon as it pertains to the BZA meeting on Monday 5/13/13. The parking waivers were approved last and the reason they are re-applying is that their building permits expired after a year and therefore they have to re-apply for the parking waiver. The staff is recommending approval. There is also some documentation of neighbor support.

What is most interesting is that on the second page of the staff report (and I confirmed this with the young lady I spoke with) there is a footnote stating that Ice Cream shops are considered “standard restaurant” uses similar to that of coffee shops. This has been the slippery slope fast food question regarding whether an ice cream shop would create a precedent for fast food chains to move into the neighborhood.

Therefore, my understanding is that this and/or Tutti Fruitti would not be considered fast food and would not set any sort of precedent. I mentioned the Tutti Fruitti location and the CPC staffer confirmed this was the case with that project also. If it were considered fast food, the project would have required variances and applying for a conditional use prior to obtaining their building permits as Fast Food is a different use with heavier requirements. Tutti Fruitti does have their permits, FYI.
3042-UrsulinesAve

Filed Under: Zoning Issues Tagged With: bayou, bayou st john, faubourg st john, New Orleans, ponce de leon, Ursulines, zoning

Attendance Please

January 14, 2013 by Charlie London

Genl-Membership-Meeting

FSJNA EXECUTIVE BOARD MEETING AGENDA

7 pm | Monday, January 14, 2013 | 1368 Moss | Holy Rosary Cafeteria (the big dome on the bayou)

Call to Order | Roll Call | Explanation of Meeting Rules
Guests: Wayne Wright – Rep from the office of Cedric Richmond

Approval of December 2012 Executive & General Meeting Minutes

Committee Nominations & Reports/Updates/Actions (if any)
• Membership Outreach Committee – update
• Landscape Committee- update
• Re-Bridge – update
• Public Safety – update
• Zoning Committee – update

Old Business
• Community Garden at N. Dupre and St. Philip
• Creation of a cultural district for Faubourg St. John
• Policy on land and zoning issues outside the neighborhood boundaries

New Business
• From Floor

Adjournment

Filed Under: Featured Tagged With: bayou st john, best, eclectic, faubourg st john, green, landscape, meeting, neighborhood, New Orleans, new orleans best neighborhood, re-bridge, safety, zoning

CZO INFO

August 15, 2012 by Charlie London

by Nick Kindel

Below is information from Nick Kindel about the proposed Comprehensive Zoning Ordinance.

First go to the proposed zoning maps. Faubourg St. John is located in Planning District 4. Here is the link to the zoning maps… http://www.nola.gov/RESIDENTS/City-Planning/DRAFT-Zoning-Ordinance/Draft-Zoning-Maps/

Look at the black and blue lines which show the boundaries of the proposed zoning districts. The letters are the ‘code’ that tells you the zoning from the property. Sometimes there is more than one code (ie HU-RD1/HU-RD2), this means that City Planning is trying to decide which zone they will apply to that area (this is a great opportunity to provide your input). Then you can go to the zoning code text which will tell you the uses allowed in each zone, the height, bulk, and setback requirements for buildings in the zoning. Here is the link to the proposed Comprehensive Zoning Ordinance text… http://www.nola.gov/RESIDENTS/City-Planning/DRAFT-Zoning-Ordinance/Draft-Zoning-Ordinance-Text/

You will find the regulations for most of the zones in Faubourg St. John in Articles 11 and 12 for Historic Urban Neighborhoods Residential/Non-residential zones. Other zones can be found in other articles (like OS-N is in Article 7 for Open Space). A couple of other important sections to look at is Article 20 (Use Standards), which has specific development standards for certain uses (like gas stations and child care centers just to name a few) and Article 21 (Onsite Development Standards) which has development standards (for example lighting and environmental standards) for all uses. Other sections get into more details and requirements for signs (Article 24) and parking (Article 22).

City Planning is trying to move away from overlay zones in the new Comprehensive Zoning Ordinance. There is a section on overlay zones (Article 18), but there are only a few remaining overlay zones in the new Comprehensive Zoning Ordinance, and I did not see any in the vicinity of Faubourg St. John.

The zoning code is very long and it can be complex, so please let me know if you have any questions. I am willing to go through the proposed zoning code with people if they want me to.

Thanks,
Nick Kindel
Citizen Participation Project Coordinator
Committee for a Better New Orleans
4902 Canal Street, Suite 300
New Orleans, LA 70119
(504) 267-4665 (office)
(503) 871-0576 (mobile)
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This is a map of the boundaries of the Faubourg St. John Neighborhood Association.
FSJNA’s boundaries are:
Onzaga to Orleans and North Broad to North Carrollton.

CLICK HERE FOR A GOOGLE MAP OF THE AREA.

Faubourg St. John, established in 1708, is a neighborhood located
just north of Broad Street at the intersection of Orleans Avenue.

It is approximately 75 city blocks in area and has an average elevation of about 1 foot above sea level. Not bad when you consider about half of New Orleans is several feet under sea level. More than 4,000 residents call Faubourg St. John home.

One of New Orleans’ finest neighborhoods, Faubourg St. John is famous for its stately trees, abundant parks, spectacular homes, world-class museums, vibrant bayou, excellent restaurants and fine shops throughout the neighborhood especially along its business districts on Ponce de Leon and Broad Streets.

Faubourg St. John contains the full range of residential uses, fun and friendly business districts, office space, a wide range of medical services and a small amount of light industrial property. This full range of land use, plus the economic and ethnic diversity of the neighborhoods’ population qualifies Faubourg St. John as a premier destination.

FAUBOURG ST. JOHN
“Where Big Dreams Grow!”

Filed Under: Zoning Issues Tagged With: bayou, bayou st john, comprehensive, comprensive zoning ordinance, czo, faubourg, faubourg st john, New Orleans, ordinance, planning, zoning

What Happens When Zoning Laws are Ignored?

June 6, 2012 by Charlie London

A picture really does speak a thousand words does it not?

A Mid-City neighbor sent in this photo this afternoon and explained that this illegal parking lot was just installed on Bienville Street between Carrollton & David St. There is no permit and it was installed over a storm drain, on city property, and on top of an old oak tree’s roots.

The location of the zoning violation is at 4136 Bienville Street. The building is an owner-occupied duplex.

Click on the photo for a larger view.

Filed Under: Zoning Issues Tagged With: enforcement, mid-city, New Orleans, variance, zoning

It’s a Wonderful Life!

February 6, 2012 by Charlie London

inspired by Brenda London
In the movie “It’s a Wonderful Life”, the character George Bailey is shown how things in his town might have been different had he never been born.

The quaint town of Bedford Falls gets transformed into an anything-goes commercial enterprise called Pottersville.

My wife reminded me that “It’s a Wonderful Life” here in Faubourg St. John. One can easily draw comparisons between Bedford Falls and Faubourg St. John especially when zoning issues come up.

Zoning issues are by their very nature, contentious. A developer wants variances to do what they want and the neighborhood association wants to protect the interests of the residents.

Which begs the question: What if the Faubourg St. John Neighborhood Association had never been born? The Faubourg St. John Neighborhood Association has been around in one form or another since the 1920’s. The association was officially registered with the State of Louisiana in 1977.

In 1978, the Fair Grounds wanted to build a barn next to homes near their property. The smell alone from the barn would have negatively impacted the quality of life for those residents not to mention the runoff during rainstorms. The Faubourg St. John Neighborhood Association represented the neighbors’ interests and the barn was not built. You can read all about it in the Times Picayune’s
articles below:
Click here to read the article in the June 15, 1978 issue of the Times Picayune.
Click here to read the article in the June 20, 1978 issue of the Times Picayune.
Click here to read the article in the October 31, 1978 issue of the Times Picayune.
Click here to read the article in the November 18, 1978 issue of the Times Picayune.

In 1979, the Faubourg St. John Neighborhood Association took issue with the parking problems associated with Jazz Fest. The fight continued for years. The result was that Faubourg St. John has a security patrol paid for by the Fair Grounds that operates 24 hours each day. While parking during Jazz Fest is still an issue, imagine what it would be like if the Faubourg St. John Neighborhood Association had never been born?
Click here to read the April 7, 1979 article in the Times Picayune.
Click here to read the April 20, 1979 article in the Times Picayune.

In 1980, the Faubourg St. John Neighborhood Association addressed a zoning issue on Esplanade Avenue.
Click here to read the December 22, 1980 article in the Times Picayune.

In 1981, the Faubourg St. John Neighborhood Association continued to protect its interests and the Fair Grounds agreed to provide better sanitation and security.
Click here to read the May 1, 1981 article in the Times Picayune.

In 1983, the Fair Grounds wanted night racing. If the Faubourg St. John Neighborhood Association had not been around we would very likely have horse racing well into the wee hours of the morning right now.
Click here to view the December 4, 1983 article in the Times Picayune.
Click here to read the December 11, 1983 article in the Times Picayune.

An April 6, 1984 article in the Times Picayune details an incident where a former Mayor of New Orleans almost came to blows with a Faubourg St. John representative over night racing at the Fair Grounds. CLICK HERE TO READ THE ARTICLE.

1984: Night Racing and Off Track Betting
January 19, 1984 article in the Times Picayune concerning night racing.
February 8, 1984 article in the Times Picayune concerning off-track betting.
February 23, 1984 articles in the Times Picayune concerning night racing.
March 6, 1984 article in the Times Picayune concerning night racing.
April 6, 1984 article in the Times Picayune concerning altercation between Mayor Dutch Morial and FSJNA representative Alvin Bordelon over night racing.
April 7, 1984 article in the Baton Rouge Advocate concerning altercation between Mayor Dutch Morial and FSJNA representative Alvin Bordelon over night racing.
April 7, 1984 article in the Mobile Register concerning altercation between Mayor Dutch Morial and FSJNA representative Alvin Bordelon over night racing.
April 9, 1984 article in the Times Picayune concerning the neighborhood celebration of the end of the racing season. The party also included a demonstration against night racing. That’s Nelson Savoie with the peace sign and Warren Guidry next to him. Warren got a permit way ahead of the start of racing season for a block party on Mystery St. for the last day of racing. This essentially blocked entry to VIPs accustomed to using the Mystery St. gate. It called attention to the disregard for the neighborhood by the Fairgrounds. Nelson’s brother Sterling, brought his band, started up, police came, the permit was declared legitimate and neighbors who had been afraid of the Fairgrounds joined the party. Nelson’s brother played music under a tent in the driveway at 1509 Mystery St. There was great media coverage. The Fairgrounds had just hired a consultant to determine why they were doing so poorly and the number one issue was public relations. The notoriety of our actions brought the Fairgrounds to the table for the first time and an ordinance was the outcome.
April 19, 1984 article in the Times Picayune concerning night racing.
May 25, 1984 editorial in the Times Picayune stating night racing is unfair to the neighborhood.
November 16, 1984 article in the Times Picayune noting changes in the racing season.

In the link below check out the 1986 article about Zack’s yogurt. It would have been located where Santa Fe restaurant is today… https://secureservercdn.net/198.71.233.167/end.894.myftpupload.com/wp-content/uploads/2012/02/Zoning-ZacksYogurt-1986dec9.pdf

The yogurt shop was originally approved by the City but the decision was overturned in Civil District Court.

Just one year later in 1987, Whole Foods proposed making the property where Santa Fe restaurant is today into an eight car parking lot. Please visit the link below to read more about it: https://secureservercdn.net/198.71.233.167/end.894.myftpupload.com/wp-content/uploads/2012/02/Zoning-Giovannis-1987july18.pdf

Imagine how different that area would look today if the Faubourg St. John Neighborhood Association had never been born.

The Faubourg St. John Neighborhood Association was also busy watching out for you in 1988:
April 7, 1988 article in the Westbank News section of the Times Picayune concerning off-track betting.
April 7, 1988 article in the Metro section of the Times Picayune concerning off-track betting.
April 20, 1988 article in the Times Picayune noting resolution of issues with Faubourg St. John.“Leaders of the Faubourg St. John Neighborhood Association say they are pleased with the Fair Grounds’ agreement to reduce night outdoor lighting, provide free on-site parking and take other steps to avoid disrupting nearby residents.”

It’s easy to forget all the great things the Faubourg St. John Neighborhood Association has done through the years to prevent our “Bedford Falls” from becoming “Pottersville”.

Think about Voodoo on the Bayou, the annual fundraiser that was held each year for 25 years! And, how ’bout the association’s work to keep Faubourg St. John in the same council district as the Fair Grounds and like-minded neighborhoods?

What about all the home tours done during the 80’s and 90’s? And, what about all the abandoned cars the association has worked to get out of the neighborhood?

1992: Remember Christmas in October? Faubourg St. John neighbors painted and fixed several houses occupied by the elderly.

2008: Who could forget all the time, work, and money neighbors put into making the childrens’ play area at Stallings Playground what it is today?

Your neighborhood association has worked tirelessly for decades to keep fast-food outlets from locating here. All that is done by your neighbors who take care of things because they care. It isn’t about the money ’cause we all do this for no remuneration.

Noticed graffiti or bandit signs lately? That stuff doesn’t get removed by itself. The Faubourg St. John Neighborhood Association makes it happen!

There are so many more things the Faubourg St. John Neighborhood Association has done for the area. What do you remember? Send it to info@fsjna.org

Bourbon Street is the classic example of “Pottersville”. It was once populated by Jazz Clubs. Would you want to live on Bourbon Street now?

Those that live in Faubourg St. John know that it much more resembles “Bedford Falls”. The Faubourg St. John Neighborhood Association’s mission is to keep it that way.

FAUBOURG ST. JOHN
“Where Big Dreams Grow!”

Filed Under: HISTORY Tagged With: activism, bayou, bayou st john, best, best neighborhood in New Orleans, blight, charlie, Charlie London, eclectic, fair, fair grounds, faubourg, faubourg st john, fight, grounds, john, london, neighborhood, New Orleans, rules, st., variance, voodoo on the bayou, zoning

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