Agenda - Planning Commission - 08/06/2015

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Zoning Bulletin June 25, 2015 1 Volume 9 1 Issue 12 denial of Smith's application. The court explained that the Act's " `substantial evidence' requirement is `directed at whether the local zoning authority's de- cision is consistent with the applicable local zoning requirements.' " Here, the court found that the Quorum Court had analyzed the 300 -foot tower's place- ment and proximity to nearby residences and reviewed evidence (including pictures and simulations) of the specific areas in question, and that it had similarly evaluated arguments and evidence about, among other things, the tower's detrimental impact on neighboring residents' unique views and prop- erty values. "Keeping in mind that the substantial evidence standard is 'es- sentially deferential,' [the court concluded] that the [Quorum Court] had before it substantial evidence on the record as a whole that the tower's scale, its proximity to residences, and the surrounding environment made approval inappropriate in view of the considerations outlined in [the County zoning code § 11-200(a)]." See also: T -Mobile South, LLC v. City of Roswell, Ga., 135 S. Ct. 808, 816, 190 L. Ed. 2d 679 (2015). See also: Sprint Spectrum, L.P. v. Platte County, Mo., 578 F.3d 727 (8th Cir. 2009). Nonconforming Use—Restaurant obtains permit for live entertainment Opponents appeal grant of permit, arguing permit applicant failed to establish existence of legal nonconforming use of live entertainment Citation: Vieux Carre Property Owners v. City of New Orleans, 2014-825 La. App. 4 Cir. 4/15/15, 2015 WL 1736870 (La. Ct. App. 4th Cir. 2015) LOUISIANA (04/15/15)—This case addressed the issue of whether a restaurant had established the existence of a legal nonconforming use of live entertainment. The Background/Facts: Antoine's Restaurant, L.L.C. ("Antoine's") has been operating a restaurant in New Orleans (the "City") since 1840. Since 1940, it has been operating a restaurant out of a complex of buildings and sev- eral distinct dining areas that are all connected to one another. In 2008, Antoine's began renovating its Hermes Room into "Hermes Bar." On April 11, 2011, Antoine's received a letter from the Louisiana Department of Safety and Permits (the "Department") stating that live entertainment was not a permitted use at "713 St. Louis Street (Hermes Bar)" because the property was zoned VCC-2, Vieux Carre Commercial, under the Comprehensive Zon- ing Ordinance ("CZO"). Upon receipt of the letter, Antoine's filed anapplication for a Mayoralty Permit for its live entertainment. Under the City's Code of Ordinances, a Mayoralty Permit may be issued for certain activities such as live entertainment. Along with the application, Antoine's submitted 14 affidavits © 2015 Thomson Reuters 7