Agenda - Planning Commission - 11/09/1995

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Page 4 -- October 1995 Z.B. After the court dismissed her application, Belgarde appealed. DECISION: Reversed, decision annulled. The lower court improperly dismissed Betgarde's case. The judgment was reversed and the board's decision was annulled. However, Jones could renew her application if she had enough additional evidence to satisfy the standard for getting a use variance. Because Jones did not give specific evidence that the lot would not pro- duce a reasonable return with a regular home, the board should not have granted the use variance. Jones had to give "dollars and cents" proof about what return the property would produce under existing zoning. She would be entitled to a use variance for her mobile home only if she showed no reasonable return would result from each and every use permitted in the zoning district. Matter of Hooves v. LangendorfeJ; 525 N.Y.S.2d 382. Matter of Collins v. Caruso~ze, 510 N.Y.S.2d 92 Z Matter of V~llage Board of Village of FayetteviIIe ~: JarroId, 440 N.Y.S. 2d 908. Ordinance -- Is Ordinance That Doesn't Define "Nightclub" Vague? Mellion v. City of Plaquemine, 654 So.2d 729 (Louisia~za) ]995 B&H Package Liquor Store operated in a low-income, residential neigh- borhood in the city of Plaquemine, La. Under the city's 1989 zoning ordi- nance, the store was in a zone that allowed uses such as grocery stores, drug stores, and filling stations. The ordinance prohibited nightclubs and dance halls in that zone. In July 1993, Mellion took over the package liquor store. He applied to the city for a liquor permit, stating he would assume the package store's ongoing business. (Before getting a permit, applicants told the city what type of busi- ness they would operate.) The city issued the permit several days later. The city had only one type of liquor permit, which authorized the sale of alcohol in any form. However, the state had different classes of permits. Mellion got from the state a "Class A" liquor license, which authorized alcohol sales in open containers. He then began selling alcohol for on-site consumption. In October 1993, Metlion applied to the city for the following year's liquor permit. The city notified Mellion it intended to withhold the 1994 permit until Mellion assured it his business would sell only packaged liquor. According to the city, Mellion said he would assume the package store's ong6ing business, but then started a bar. The ordinance prohibited nightclubs in that area, and the city claimed there was not enough parking there to support one. The city also felt that drinking on the premises would endanger the health and safety of neigh- borhood residents. It told Mellion it would withhold the application until it held a hearing to decide whether Mellion would operate only as a package store. At the hearing on Dec. 14, 1993, the City Council discussed the permit, but took no action on it. It also passed a new ordinance to amend its liquor permit laws. The new ordinance adopted state law's two permit classifications -- Class A authorized the sale of alcohol in any quantity and Class B authorized the sale of only packaged liquor.