FMIA Board Updates
The FMIA Board shares updates, ideas, important letters, and other content to help our neighbors stay informed and get involved.

Board of Zoning Adjustments                                                                                              1300 Perdido St                                                                                                               New Orleans, LA 70112

Docket 064-20

Dear Board of Zoning Adjustment Members, We are writing in opposition of BZA Docket Number 104-19, which would allow the applicant to build a two family residence with insufficient lot depth (Article 9, Section 9.3.A (Table 9-2) – Lot Depth). This two family residence would be a two-story home ( in a neighborhood of one-story homes) that is out of context for our neighborhood.

We oppose this variance on the following violations of the Nine Criteria of Section  4.6.F of the CZO:

Section 5- “The variance, if granted, will not alter the essential character of the locality”- The CZO allows for two-family dwellings, but states that it should “protect the existing residential development and maintain the desirable character of such development. This is a neighborhood of one story residential properties, with a significant number of them shotgun doubles. This property, which the applicant has referred to as a “stacked double” is not consistent with our Historic District and would prove to be an outlier, a clear violation of Section 5.

Section 7- “The request for the variance is not based primarily upon a desire to serve the convenience or profit of the property owner or other interested party(s)”- The applicant lives in Los Angeles, and will use one of the units for himself when he comes to visit. He has told the neighbors that the other unit will be used for a Short Term Rental, which would improve the economic feasibility of this project, thus necessitating the need to build the second story. We believe this is a clear violation of Section 7.

Section 9- “The property variance will not impair an adequate supply of light and air to adjacent property, increase substantially the congestion in the public street, increase the danger of fire, or endanger the public safety”- This two-story building will block the sunlight of the adjacent one-story homes, an inarguable violation of Section 9.

We welcome the construction of residential housing that is in context with the HMR-3 Residential Zoning. We ask that you decline this variance, and that the applicant would come back with a development that would embrace the “tout ensemble” of the Marigny. 

Sincerely,

Allen Johnson

President

Dear Commissioners,

The Faubourg Marigny Improvement Association has formulated the following comments and position, and we appreciate your consideration:

OUTDOOR LIVE ENTERTAINMENT STUDY

PURPOSE OF THE CZO VIS ITS CITIZENS AND NEIGHBORHOODS

As stated in the first article of the Comprehensive Zoning Ordinance (CZO), the purpose of it is, amongst other objectives:

▪ To encourage and promote, in accordance with present and future needs, the public health, safety, and welfare of the citizens of the City of New Orleans.

▪ To preserve and enhance the value of structures, communities, and neighborhoods that constitute the distinct places within the city.

▪ To promote the principles of sustainabilitity.

The Faubourg Marigny, along with Tremé and Bywater, are further protected in the document under the designation of Historic Core Neighborhood Districts. The stated purpose of the residential aspect of the Marigny/Treme/Bywater District is as follows:

The … Historic Marigny/Tremé/Bywater Residential District is intended to protect existing residential development and to maintain a desirable character of such development within the historic Marigny/Tremé/Bywater areas. Incompatible uses are excluded from this residential district. Rehabilitation, renovation, and adaptive reuse particularly of historically significant buildings are encouraged. (Article 9 Historic Core Neighborhoods Residential Districts)

The best way to protect and maintain the desirable character of these historic neighborhoods is to closely regulate outdoor live entertainment. Sound travels. That is an indisputable fact. Another indisputable fact is that no mitigation efforts will eliminate the transmission of outdoor sound, thus exposing neighboring homes and yards to the effects of such sound. The nearer the homes and yards, the louder the sound. Again, indisputable.

CITIZENS, NEIGHBORHOODS AND LIVE ENTERTAINMENT

If the past foretells the future, then the City Planning Commission staff report will lean heavily in favor of tourist-oriented business despite the CZO. The CZO attempts to balance the needs of residential and commercial uses. In Article 10, the stated purpose of the Historic Marigny/Treme/Bywater Commercial Districts are as follows:

▪ The HMC-1 Historic Marigny/Tremé/Bywater Commercial District is intended to provide for restricted retail stores and service establishments that will attract tourists and local residents without adversely affecting either the character of the historic Marigny/Tremé/Bywater area or nearby residences.

▪ The HMC-2 Historic Marigny/Tremé/Bywater Commercial District is intended to permit more intensive commercial uses than the HMC-1 District, yet protect the historic character of the Marigny/Tremé/Bywater area. The district includes the peripheral properties in Marigny/Tremé/Bywater that front on major traffic arteries and can provide access for more intense commercial uses

▪ The HM-MU Historic Marigny/Tremé/Bywater Mixed-Use District is intended to provide a mixed-use environment of light industrial, commercial, and residential uses that would not adversely affect the historic character of the neighborhood. Compatibility of such uses and structures with one another and with the area is encouraged through the development review process.

Currently, Live Entertainment-Secondary Use is not allowed in HMC-1, is a conditional use in HMC-2 further limited to one per block face and is also a conditional use in HM-MU. (see CZO Table 10-1)

Further attempts to define and balance the interests of residents, tourists and businesses in the Marigny and Treme are addressed by the CZO in Article 18 Overlay Zoning Districts. The stated purpose of the Arts and Culture Diversity Overlay District is as follows:

The AC-1 Arts and Culture Diversity Overlay District is intended to accommodate a limited number of live entertainment uses, but with additional permissions to sustain established and promote new arts and cultural uses, including a limited number of small-scale live entertainment venues in neighborhood business or mixed-use areas. The AC-1 Diversity Overlay District seeks to maintain and reinforce small-scale uses and a balance of daytime and night-time uses that are compatible with the character of surrounding residential neighborhoods. (Article 18.2.G)

Repeatedly, the CZO calls for balance, limits and small scale in addressing businesses, including tourist oriented ones, in Historic Core Neighborhoods. Expanding the scope of Live Entertainment is certainly not in the best interests of the residents of these neighborhoods, upsets the existing balance and distorts their historic character.

THE CZO AND OUTDOOR LIVE ENTERTAINMENT

The CZO has many definitions, requirements and restrictions on live entertainment. Many of these address the issue of sound mitigation, and specify closing windows and doors, etc. On the subject of outdoor live entertainment, it is conspicuously sparse. Only in the AC-1 Overlay District (encompassing Frenchmen St., St. Bernard Ave. and Broad St.) does it mention outdoor music, in a restaurant as a conditional use, and again in Art. 20 as conditional use within 30 ft. of a residential neighborhood. Period.

18.9.C.3 RESTAURANT

a. Musical accompaniment for patrons at a restaurant (standard or specialty), in conformance with the following use standards:

7. Musical accompaniment shall only be performed in the interior of a restaurant; outdoor musical accompaniment shall be subject to the general Live Entertainment – Secondary Use regulations, as applicable.

20.3.JJ LIVE ENTERTAINMENT – SECONDARY USE AND LIVE PERFORMANCE VENUE

2. Live entertainment – secondary use and live performance venues shall submit a sound abatement plan, to be reviewed by the Director of Safety and Permits, and all other appropriate City agencies, which shall address the intended use of amplification, sound levels, and need for soundproofing. Outdoor live entertainment areas located within thirty (30) feet of a residential district shall be a conditional use.

Clearly, the intent is that outdoor music is to be rarely allowed, and restricted when close to residential neighborhoods. Interestingly, the many requirements specified for controlling and mitigating sound within a building, where complete sound abatement is possible, are absent in the two mentions of outdoor music, where it is impossible.

If outdoor live entertainment is to be expanded, serious limits and constraints must be instituted in order to fulfill the CZO’s purpose of preserving and enhancing our historic residential neighborhoods. Limits and constraints should include, but not be limited to:

1. Increase the distance between outdoor live entertainment areas and residential districts to 60 ft. (the distance across 3 rooms in my house) to protect residents’ ability to enjoy their backyards.

2. Limit the hours outdoor live entertainment is permitted. AC-1 already limits music to 10 p.m. Sunday through Wednesday, and midnight Thursday to Saturday. (Art. 18.9.C.3.a.6). Again, this protects the ability of residents to enjoy their homes and backyards.

3. Continue to make outdoor live entertainment a conditional use in all instances.

4. Limit the number of Outdoor Live Entertainment permits to one per block face.

5. Require a comprehensive sound abatement plan, including the use of landscaping, from a qualified sound control engineer to insure than sound does not travel beyond the 60 ft. buffer.

6. Require a sound data logger for such venues to record and store sound level data to monitor the venue’s compliance with any city ordinances regarding sound levels.

7. Require that the stage and/or performance area and any amplification face away from the residential district and towards the establishment.

8. Instituted a system of inspection and fines similar to the STR ordinances to ensure that the quality of life of residents isn’t degraded by the expansion of outdoor live entertainment venues.

In short, if outdoor live entertainment venues are to be expanded, the city must ensure that the health and welfare of its people are protected (including their ability to sleep at night), that its residents can enjoy their property in peace and that the citizens of New Orleans are not sacrificed to the tourist industry.

Julie Graybill

Faubourg Marengo Neighborhood Association

Dear Miss Graybill,

It is with great pleasure that I recommend that you support Second Vine Wines in their pursuit of a Conditional Use to sell packaged liquor at their new location. Louis and Troy asked for (and received) a Conditional Use to open a location in the Marigny in December, 2013. Not only did the neighborhood get a high end, well run business, we were blessed with two owners that quickly embraced the neighborhood and became a part of our culture.

Troy joined the FMIA Board, where he served as Treasurer, and became a vital member of our Board. Second Vine served as a stop on our Home Tour, where they hosted a book signing and had wine samples available for our guests. They also let neighbors constantly use their back rooms for small meetings. Whenever we had an issue coming up at CPC or City Council, we could have a small meeting in the back room with the neighbors, and have some wine as we discussed the issues and made our plans. Second Vine embraced the FMIA, and we embraced them back.

Additionally, Second Vine became the place to be during election season. It seemed that every week there were two or three candidates coming to the store for Meet and Greets. This didn’t just happen during election season either, as Councilmember Palmer held a Cocktails with Kristin event there last year. Troy and Louis valued their role as a community hub where neighbors could come and be politically engaged, as well as have the candidates hear the concerns of our neighborhood.

And, finally, Second Vine took a block of Touro that “had seen better days” and brought it back to life. Now that they’ve left, we miss them and wonder what will go there next. The Marigny’s loss is your gain. We highly recommend that you support their Conditional Use application.

Sincerely,

Allen Johnson

President

June 22, 2020

Councilmember Palmer,

          Recently, there has been a lot of conversation about blocking French Quarter streets for pedestrian traffic.  Naturally, this has prompted concern from many people in the Marigny that there would be plans to do this for Frenchmen Street.  This has been much talked about for years, and our concerns still remain:

1. Retaining Frenchmen’s unique character- When the Frenchmen Overlay was originally developed, it was designed to be Restaurants, with a few exceptions,(as explained in the Overlay Zoning).  Due to a lack of enforcement, we have seen the feared “Bourbonization”. Now, the two streets are becoming more of the same, and locals are going elsewhere.  It is our belief that it is best return Frenchmen to its original intent, and resist a street blocking plan that would “Bourbonize” it even further.
2. Security- We are well aware that we are not the only people that desire more police officers in their neighborhood, but the Marigny is constantly competing with the larger and more influential French Quarter for our fair share of police protection.  We have felt that we were  lucky to get one patrol car in the Marigny at night.  We do feel that has improved since Chief Ferguson has taken over, but bringing order to Frenchmen is still a work in progress.  It is our fear that blocking the street will cause more chaos on the street, including barbecue grills and beverage sales (competing with the restaurants), and street performers jockeying for space. Without the security presence that Bourbon Street has, we believe that chaos would ensue.  Any street blockage plan for Frenchmen Street must include a minimum number of officers stated in the plan, much like occurred with the rollout of the French Quarter Task Force, and its requirements for Bourbon Street.
3. Parklets- We were happy to support your plan for a “parklets” trial program along Frenchmen Street. We believe it is crucial, as the city reopens from the COVID-19 crisis, to find ways to help these businesses as they are limited to 25% of their occupancy.  Hopefully, allowing a pilot program of parklets (which would allow businesses to set up tables in the parking spots) would provide some extra space for these businesses to make money and stay viable.  We would like to see this program happen first, before we roll out something larger and more dramatic. In other words, “let’s crawl before we walk, and walk before we run.”
4. Trial Basis- As we stated with parklets, we think it is important to have a trial program with a designated date to assess this program and decide whether or not to continue it, or which changes need to be made.  Too many times, we debate issues based on what we think will happen. A designated trial period, and then regrouping to assess is the smart thing to do, and an opportunity we shouldn’t pass up.
5. Input- We believe that it is important to get citizen input for any new program.  We think that the FMIA, Frenchmen Street businesses and nearby residents should be included in this process.  As people who began as grassroots leaders, you and the Mayor know that residents and business owners in the affected area can bring knowledge and perspectives to the table that others don’t have.

We appreciate the opportunity to share our thoughts with you, and look forward to hearing any questions or concerns you might have.

Sincerely,

Allen Johnson

President

 

May 13, 2020

Councilmember Palmer,

          Like you, we are concerned about the financial survival of the small, culturally important businesses in the Marigny, and we would like to thank you for reaching out to us about your plan for “parklets” along Frenchmen Street. We believe it is crucial, as the city reopens from the COVID-19 crisis, to find ways to help these businesses as they are limited to 25% of their occupancy.  Hopefully, allowing a pilot program of parklets (which would allow businesses to set up tables in the parking spots) would provide some extra space for these businesses to make money and stay viable. 

As this program is rolled out, we would hope to have proper cooperation and “buy in” from NOPD, to help establish the program and the changes on the street.  We also think it is crucial that this program have a determined end point, so that we can meet with you and the businesses to discuss the program and assess it, determining whether or not to continue it, and what adjustments should be made.

We are excited about this pilot program, and hopeful for the positive changes it can bring for the people of the Marigny, and the businesses and customers on Frenchmen Street.

Sincerely,

Allen Johnson

President