CITY PLANNING COMMISSION CITY OF NEW ORLEANS EXECUTIVE DIRECTOR. City Planning Commission Staff Report. Executive Summary

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1 CITY PLANNING COMMISSION CITY OF NEW ORLEANS MITCHELL J. LANDRIEU MAYOR ROBERT D. RIVERS EXECUTIVE DIRECTOR LESLIE T. ALLEY DEPUTY DIRECTOR City Planning Commission Staff Report Zoning Docket: 019/18 Executive Summary Applicant: Request: Location: David MacDonald and Irelis Nazario-MacDonald This is a request for a zoning change from an HMR-1 Historic Marigny/Tremé/Bywater Residential District to an HMC-1 Historic Marigny/Tremé/Bywater Commercial District Burgundy St. Summary of Proposal: Zoning Docket 019/18 is a request by David MacDonald and Irelis Nazario- MacDonald for a zoning change from an HMR-1 Historic Marigny/Tremé/Bywater Residential District to an HMC-1 Historic Marigny/Tremé/Bywater Commercial District, on Square 269, Lot E, in the Third Municipal District, bounded by Burgundy, Pauger, Touro, and North Rampart Streets. The municipal address is 1919 Burgundy Street. The site is currently improved with one existing structure which has changed building footprints over the years. The building fronts on Burgundy Street to a front driveway which is partially enclosed by a wooden fence and gate. Currently the site is divided into three residential units, Units A, B, and C. The applicant proposes to rezone the subject property to allow for the space to be used as offices. The current floorplan submitted by applicants shows the building s ground floor is already built out for an office space with individual offices and a conference room. The current HMR-1 Historic Marigny/Tremé/Bywater Residential District zoning of the site does not allow for the proposed development of office space. Plans submitted to the Board of Zoning Adjustments which were approved by BZA staff in 2015 indicate the building was converted from commercial/residential mixed use to the current multi-family use with three residential dwelling units, one on the first and second floors, and a third on the loft/roof of the building.

2 The applicant proposes rezoning the site to an HMC-1 Historic Marigny/Tremé/Bywater Residential District to allow future commercial use. The rezoning of this property to an HMC-1 Historic Marigny/Tremé/Bywater Residential District or any other district would be considered a spot zone and would have to meet the standards set forth by the Commission s Historic Non-Conforming Use Policy. The petitioned property meets all of the standards within the Historic Non-Conforming Use Policy s criteria which identities this property as a historic industrial property. In addition, while the surrounding development of the immediate neighborhood is residential in character, there are several commercial properties within the block as well as the immediate surrounding neighborhood exhibiting a history of non-residential use. Therefore, the staff is supportive of a zoning change to an HMC-1 Historic Marigny/Tremé/Bywater Commercial District. Master Plan: The proposal is consistent with the Master Plan. Recommendation: The staff recommends APPROVAL of the request. Reason for Recommendation: 1. The site s Master Plan designation is intended primarily for residential use, but allows commercial use in locations where current or former commercial use is verified. The City Planning Commission staff has consistently taken this to allow for commercial zoning of sites only where a building that is commercial or industrial in its physical character exists. This interpretation is consistent with the Commission s spot zoning policy, which allows for the commercial spot zoning of historic commercial, industrial, and institutional structures. This site is developed with an industrial structure originally a warehouse that has a history of commercial use. Therefore, it is eligible for commercial zoning under the Master Plan. 2. The proposed zoning change meets most standards for approval set forth in Article 4 of the Comprehensive Zoning Ordinance and meets all of the criteria in the City Planning Commission s Historic Non-Conforming Use Policy.

3 City Planning Commission Meeting CPC Deadline: 04/07/18 Tuesday, February 6, 2017 CC Deadline: 60 days from receipt Council District: C - Ramsey Zoning Docket: 019/18 PRELIMINARY STAFF REPORT To: City Planning Commission From: Robert Rivers, Executive Director Stephen Kroll, Planning Administrator Prepared by: Aspen Nero Date: January 30, 2018 I. GENERAL INFORMATION Applicant: David MacDonald and Irelis Nazario-MacDonald Request: This is a request for a zoning change from an HMR-1 Historic Marigny/Tremé/Bywater Residential District to an HMC-1 Historic Marigny/Tremé/Bywater Commercial District. Location: The petitioned property is located on Square 269, Lot E, in the Third Municipal District, bounded by Franklin Avenue, Decatur Street, Chartres Street, and Spain Street. The municipal address is 1919 Burgundy Street. (PD 7) Description: The subject property is located on one lot of record, Lot E, that fronts on Burgundy Street and matches the lot pattern characterizing the neighborhood of a rectangular and narrow lot. Located in the Marigny Triangle, the lot measures approximately 20.7 feet in in width and feet in depth with a total square footage of approximately 2, feet. The subject property is currently used residentially with three separate dwelling units which were approved by the Board of Zoning Adjustments in The site is developed with an existing stucco building that is two stories with a rooftop/loft area. The first two floors each have one residential dwelling unit, and the rooftop/loft area has an additional third dwelling unit. The building has two parking spaces in the front of the building with a wooden gate covering the front of the property. The proposed usage of the entire site is office space on the ground floor with residential dwelling units on the top floors based on materials submitted by the applicants. 1 Applicants for 1919 Burgundy Street went before the Board of Zoning Adjustments to request a waiver of minimum lot area to allow for three residential units in an existing mixed use building with two residential units on the upper floor and commercial on the bottom floor. BZA Docket was approved by the Board, and staff signed off on final plans in July 2015.

4 The site has a mixed commercial and residential history. The applicant has stated that the most recent commercial use of the building was for a comedy club and offices for an online newspaper. Historically, the subject site was zoned commercially, but currently is zoned residential. Using the space for offices or a comedy club is not permitted within the HMR-1 zoning district. To allow for future commercial use of the space, the applicant proposes to rezone the subject property from an HMR-1 Historic Marigny/Tremé/Bywater Residential District to an HMC-1 Historic Marigny/Tremé/Bywater Commercial District. The applicant submitted photographs of the current structure showing the old layout and usage of the site as commercial office space. The HMC-1 Historic Marigny/Tremé/Bywater Commercial District allows for a wider use of both residential and commercial uses. Residential uses would expand to include multifamily with up to four dwelling units and commercial short term rentals. In addition to the proposed office use, the zoning change would allow for residential uses such as commercial short term rentals and commercial uses such as art gallery, arts studio, catering kitchen, small and large adult or child day care center, financial institution, personal service establishment, public market, standard restaurant, specialty restaurant, and retail goods establishment by right. Bars, medical/dental clinic, and the retrial sales of packaged alcohol would all be conditional uses within the HMC-1 District.

5 Figure 1: Petitioned Property Why is City Planning Commission action required? The City Planning Commission is required to make a recommendation on all requests for zoning map amendments prior to City Council action, in accordance with Article 4, Section 4.2.D.3 Action by the City Planning Commission of the Comprehensive Zoning Ordinance. II. ANALYSIS A. What is the zoning of the surrounding areas? What is the existing land use? And how are the surrounding areas used? The petitioned site is located in a large HMR-1 Historic Marigny/Tremé/Bywater Residential District that includes most of the residential area of the Marigny Triangle, bounded by Esplanade Avenue, Elysian Fields Avenue, North Rampart/St. Claude Avenue, and North Peters Street. The district is generally bounded triangularly by three streets,

6 Frenchmen Street, North Rampart Street and Kerlerec Street. The HMR-1 District is characterized by historic residential development built throughout the 19 th century. The majority of the developed supports single and two family residences with some corner commercial development at street intersections. Most of the development within the Historic Core was built prior to the widespread use of automobiles and supports a pedestrian scaled environment. This HMR-1 District is generally bounded by HMC-1 Historic Marigny/Tremé/Bywater Non-Residential Districts and HMC-2 Historic Marigny/Tremé/Bywater Non-Residential Districts. Frenchmen Street is comprised of both HMC-1 and HMC-2 Districts. St. Claude Avenue and a portion of North Rampart Street exists as an HMC-2 Corridor from Kentucky Street in the Bywater/Ninth Ward to the beginning of the French Quarter at the intersection of Esplanade Avenue. A smaller HMC-1 District exists on the same block as the petitioned property and includes several lots at the intersection of Burgundy Street and Touro Street. Within this small HMC-1 District, only the corner lots are used commercially. Uses within these HMC-2 and HMC-1 Districts vary. Portions of Frenchmen Street are zoned both HMR-1 and HMC-1. From Esplanade Avenue to Royal Street, both block faces along Frenchmen are zoned HMC-1 with a mix of restaurants, bars, and retail spaces.

7 Figure 2: Surrounding Zoning B. What is the zoning and land use history of the site? Zoning: Land Use: 1929 J Industrial 1953 D Multiple Family District 1970 HMC-1 Historic Marigny/Tremé Commercial District 2015 (prior to 8/12/2015) HMC-1 Historic Marigny/Tremé Commercial District 2015 (effective 8/12/2015) HMR-1 Historic Marigny/Tremé/Bywater Residential District 1929 Residential Single Family and Commercial Building 1949 Two-Family Residential 1999 Residential Single / Two-Family 2 The zoning history of the subject property has varied according to the City s historical zoning maps. Originally the subject property was zoned industrial in 1929, but changed to 2 The 1999 Land Use Plan presented a generalized indication of land uses, and was not lot-specific.

8 a multiple family district in From 1970 onward the subject property was zoned HMC- 1 Historic Marigny/Tremé Commercial District until August 12, 2015 when the new Comprehensive Zoning Ordinance zoned the property HMR-1 Historic Marigny/Tremé/Bywater Residential District. Land Use The subject property has a varied commercial land use history according to both the City s historic land use records as well as Sanborn Maps. Sanborn Maps dating back to show that the back of the property was used as a residential dwelling while a store front existed in the front of the building. The subject property no longer exhibits this historic building footprint and contains the same building footprint present from the 1984 Sanborn Maps forward. The Sanborn Maps show the store frontage connecting to the main residential building in which the entire structure appears as S, store. Land use records from the City dating to 1929 reflect this same land usage with a portion of the lot designated commercial and another portion designated residential single family. The City s land use records continue to show the use of the property as residential through The Sanborn Maps show the same building footprint with usage as a store, and it is not until the 1984 Sanborn Maps that the building footprint is changed entirely and used as a warehouse. This warehouse building footprint is the same as present day and continues to the 1994 Sanborn Maps. Based on City records, the use of the subject property changed to residential in 2015, after the then-property owners applied for waivers from the Board of Zoning Adjustments in 2013 for a variance from the minimum lot area allowed per dwelling unit as part of the conversion of the property from commercial/residential mixed-use to multi-family residential. Plans on record with the City submitted for approval by the BZA show the property is currently a three dwelling unit residence. Figure 4: Sanborn Map Figure 5: Sanborn Map

9 Figure 5: Sanborn Map Figure 6: Sanborn: 1984 Sanborn Map Figure 7: Sanborn: 1994 Sanborn Map C. Have there been any recent zoning changes or conditional uses or planned developments in the immediate area? If so, do these changes indicate any particular pattern or trend? In the past five years, there have been about 7 requests for land use actions for properties located within 1,800 feet (approximately five blocks) of the subject site. Of these requests, one was somewhat relevant to the proposed zoning change.

10 Zoning Docket was a request for a zoning change from an HMR-3 district to an HMC-2 District and a conditional use to permit a hotel over 10,000 square feet. The City Planning Commission staff recommended denial of the request, which was then recommended for approval by the City Planning Commission and later approved by City Council. This site is four blocks from the petitioned site. The municipal addresses are Burgundy Street. D. What is the purpose of the rezoning and what effect would it have on the adjacent land uses? The project description submitted by the property owners states that the zoning change from HMR-1 to HMC-1 would restore the commercial zoning to the property. The most recent use of the property according to the applicants was for office space and a comedy club. With the proposed HMC-1 zoning change, the applicants propose using the space for more offices with the potential for housing their architectural firm. Floor plans and photographs submitted by the applicants show the petitioned property is built out with an office space interior. HMR-1 to HMC-1 would allow for the commercial use of the subject property to be used for higher intensity uses than the current zoning allows. Currently, the site is divided into three residential units, one each floor, including a roof and loft area. The site contains one building, which has changed building footprints from its original construction with a front driveway containing two parking spaces. A front wooden gate which blocks entrance and visibility to the street starts at the front wall of the building. The requested HMC-1 District is the lowest intensity zoning district of the Historic Core Neighborhoods Non-Residential Districts in the Faubourg Marigny, Tremé, Bywater and portions of surrounding neighborhoods in the Historic Core Neighborhoods. The district would allow for a wider range of commercial uses than currently allowed and a slightly denser mixed-use residential development on the subject property. The proposed HMC-1 District allows for a mix of residential, commercial, industrial, institutional, open space, and other uses. 3 Examples of the mix of permitted uses includes commercial short term rentals, small and large group homes, health club, office, public market, specialty restaurant, standard restaurant, and a retail goods establishment. Residential uses would expand to include commercial short term rentals and multi-family dwellings up to four units. In addition to the proposed office use, the zoning change would allow for commercial uses such as art gallery, arts studio, catering kitchen, both small and large adult or child day care center, financial institution, health club, office, personal service establishment, public market, specialty restaurant, standard restaurant, and retail goods establishment by right. Bars, commercial adult or child day care centers, medical/dental clinic, and the retail sales of packaged alcoholic beverages would all be conditional uses within the HMC-1 District. Potential impacts on adjacent land uses 3 The complete list of permitted and conditional use in the S-LB1 District are found in Article 10, Section 10.2.A (Table 10-1) of the Comprehensive Zoning Ordinance.

11 Because the uses allowed in the HMC-1 District are of higher intensity, they would result in greater levels of activity, noise, traffic, and deliveries than would result from the predominantly residential uses of the site allowed under current zoning. These impacts would vary depending on the specific use. For example, overall activity at a restaurant or retail store would generally be more significant than at a restaurant of comparable size. Additionally, the petitioned property is bordered by residential uses and could create more adverse impacts than a typical corner commercial property. They would also very depending on the operator, with commercial uses that are responsibly managed generally being less impactful than the same uses if not adequately managed. E. What impact will the proposed zoning change have on the transportation system, if any? Traffic The petitioned site fronts on Burgundy Street. Burgundy Street is a minor street that runs parallel to Mississippi River from the Lower Ninth-Ward through the French Quarter. This one-way street is a low-capacity street with parking on both sides. Streets throughout the Historic Core neighborhoods are narrow and one-way and were designed before the widespread use of the automobile. The square is bounded by Burgundy Street, Pauger Street, Touro Street, and North Rampart Street, all one-way low-capacity streets. The Historic Core neighborhoods experience larger pedestrian traffic by both locals and tourists visiting the city. The proposed zoning change could result in a slightly larger increase in traffic as the proposed zoning change would allow for higher intensities such as a restaurant, or public market which would be higher intensity uses which could create more traffic. However, due to the pedestrian scale of the Marigny Triangle along with public transit options such as the Rampart/St. Claude Streetcar and several bus routes, the neighborhood could easily absorb any additional traffic caused by the proposed zoning change. Parking Off-street parking requirements vary by use. In the proposed HMC-1 District, Parking is not required. The proposed office space, as well as any other commercial use would not be required to provide off-street parking in accordance with Article 22, Section 22.5.A.1 Table 22-2: Summary of Off-Street Vehicle Parking Flexibilities & Exemptions which exempt all districts, except HM-MU and HMC-2 within the Historic Core from providing parking. For any eventual use of the site, compliance with the off-street parking requirements will be reviewed by the Department of Safety and Permits during the building permit review in addition to determining the amount of grandfathered parking spaces. F. Can the request be considered a spot zone? Does it fall within the Historic Non- Conforming Use Policy? The request would be considered a spot zone. The terms spot zone and spot zoning refer to zoning changes which have the effect of singling out a lot or other relatively small

12 tracts of land for treatment different from similar surrounding parcels. These zoning changes have the effect of granting preferential treatment to those spot zoned parcels which is not also granted to similarly-situated surrounding properties. Due to this preferential treatment, the Commission is generally not supportive of spot zoning. Spot zoning can include the establishment of a new zoning district for a single property, as well as the expansion of an existing zoning district when the expansion has the effect of granting a certain property preferential treatment that is not also granted to surrounding similarly situated properties. As a policy, the City Planning Commission will generally object to requests for spot zones. However, in some instances, the City Planning Commission will be supportive of spot zones that are supported by the Historic Non- Conforming Use Policy. The applicant is proposing to rezone the property from an HMR-1 Historic Marigny/Tremé/Bywater Residential District to an HMC-1 Historic Marigny/Tremé/Bywater Commercial District. This application would single out the subject site for treatment that is different from the neighboring lots that are also residentially zoned (and also designated by the Master Plan for residential future land use), and therefore is a spot zone. To determine whether a spot zone of any particular property is appropriate, the City Planning Commission uses its Historic Non-Conforming Use Policy to guide its analysis. This policy contains criteria which are used to identify historic commercial, industrial/warehouse, and institutional properties which should be zoned differently from surrounding properties. It evaluates individual applications based on their compliance with general and specific criteria. General A. The request is consistent with The Plan for the 21 st Century. B. The petition is in harmony with the historic character of the surrounding neighborhood. C. The request serves neighborhood need. D. The property has a history of non-residential use. The request is consistent with The Plan for the 21 st Century, the Master Plan, meeting criterion A. The petitioned property is currently used residentially according to City records and is surrounded by residential development. The petitioned site has a history of commercial use according to both Sanborn Maps dating from at least as well as historic zoning and land use maps from City records. However, similar surrounding properties that were also used commercially historically have also been converted to residences and the surrounding neighborhood now exhibits a more residential though certainly not entirely residential character. The characters of the immediate surrounding neighborhood exhibits mixed uses with both residential and commercial properties, therefore, the petitioned property does not meet criterion B. While the character of the surrounding neighborhood is predominantly residential, historically this petitioned site as

13 well as other neighboring properties exhibited a non-residential character. Criterion C is met as the request would serve a neighborhood need by providing office space and additional commercial uses to the neighborhood. Given the history of non-residential use of the site, the petitioned property does meet criterion D. Specific: 1. Historically industrial/warehouse properties are often developed with the following characteristics: a. Structures are typically constructed of masonry or metal panels. b. The interior of structures are often typified by expansive, open spaces suitable for manufacturing and/or storage. c. Building facades are often austere, with minimal façade articulation and/or ornamentation. The specific criteria are used to identify typical industrial and warehouse properties The building is constructed of masonry exhibiting a cement and stucco exterior with some metal paneling and framing with minimal façade articulation meeting both specific criteria A and B. In addition, the building has fewer windows than a typical residential building. While the building did undergo renovations to change the use from commercial to residential in 2015 through the Board of Zoning Adjustments, plans on record show the building first exhibited a warehouse layout with residential components such as spiral stairs and room partitions added. The site does meet all of characteristics described above in the specific criteria. Currently the property resembles a more residential development than an industrial one, but many of the original characteristics remain such as the buildings scale and mass. The subject property has had a history of commercial and industrial use, as well as a history of commercial zoning, and currently meets all of the specific criteria to identify it as a historically industrial property. 2. The petitioned zoning classification must be the most restrictive available to accommodate the class of uses to serve the neighborhood. This requirement is met as the HMC-1 District is the most restrictive zoning district available for properties within the Historic Core Neighborhoods. The applicant is requesting the most restrictive zoning classification, is consistent with the Master Plan, and does meet all general and specific criteria. Therefore, this particular property does meet the Historic Non-Conforming Use Policy. Meeting all standards of the Historic Non-conforming Use Policy does warrant a favorable recommendation for a zoning change to HMC-1.

14 G. Evaluation of approval standards The City Planning Commission recommendation and the City Council decision on any zoning text or map amendment are matters of legislative discretion. In making their recommendation and decision, the City Planning Commission and the City Council shall consider the standards contained in Article 4, Section 4.2.E Approval Standards of the Comprehensive Zoning Ordinance. In this section, the staff evaluates the application using those standards. The proposed amendment is compatible with the Master Plan and Future Land Use Map. This standard is met by rezoning to an HMC-1 District requested by the applicant. The Home Rule Charter of the City of New Orleans requires all land use actions to be consistent with the Master Plan. A land use action is consistent with the Plan for the 21 st Century, commonly known as the Master Plan, if it furthers, or at least does not interfere with, the goals, policies, and is compatible with the proposed future uses, densities, and intensities designated in the Land Use Element of the Plan. Chapter 14: Land Use Plan of the Master Plan designates on the Future Land Use Map (FLUM) of the petitioned site as Residential Historic Core. The goal, range of uses, and development character for that designation are copied below. The below description includes the amendments that were approved by the City Council on July 27, It does not include the amendments that were referred from the City Council back to the City Planning Commission for reconsideration. RESIDENTIAL HISTORIC CORE Goal: Preserve the character and scale of 18 th through mid-20 th century residential areas and allow for compatible infill development. Range of Uses: Single- and two-family residences, townhomes and small multifamily structures. Neighborhood-serving businesses and traditional corner stores may be allowed where current or former commercial use is verified. Supporting public recreational and community facilities allowed (e.g., schools and places of worship). Development Character: The density, height, and mass of new development will be consisted with the character and tout ensemble of the surrounding historic neighborhood. A variety of types and sizes of development may be appropriate. Allow the adaptive reuse of historic non-residential structures with densities higher than the surrounding neighborhood through the planned development process. Allow higher residential densities when a project is providing significant public benefits such as long-term affordable housing. Incorporate risk reduction and adaptation strategies in the built environment.

15 The Residential Historic Core FLUM category s goal is to preserve the existing historic scale and residential character as well as add compatible infill development. Changing the zoning of the petitioned property to allow for more commercial uses would fit in with this goal as the property has a history of commercial use dating through the late 19 th and mid- 20 th century. Proposals from the applicants suggest using the space as offices for an architecture firm, but additional uses within the HMC-1 District would also allow the petitioned property to serve neighborhood need by adding commercial space in a historic walkable environment. The applicants have not indicated that they will change the exterior of the site which has undergone renovations from its original historic character. The proposed amendment is compatible with the place designations of this Ordinance. This standard is met. The proposed amendment requests a zoning change from HMR-1 Historic Marigny/Tremé/Bywater Residential District to an HMC-1 Historic Marigny/Tremé/Bywater Commercial District which is compatible with the Historic Core place designation. The proposed amendment is compatible with existing use and zoning of nearby property. This standard is met. While the current land use and zoning of the property and surrounding properties are predominantly residential, the historic land use and zoning reflects a more non-residential makeup. Additionally, some commercial properties exist at the corner of Burgundy and Touro Street, Rupy Slipper Café, as well as a commercial office building on the diagonal block face. On the same block, portions of Burgundy and Touro Street are zoned HMC-1, the proposed new zoning change for the petitioned property. Given these surrounding non-residential uses and zoning, a zoning change to HMC-1 for the petitioned property would be compatible. The proposed amendment promotes the public health, safety and welfare of the City. This standard is met. The proposed zoning change to an HMC-1 District would not impair the public health, safety, and welfare of the City; therefore, this standard is met. The proposed amendment is a more suitable zoning classification for the property than the current classification. This standard is met. Historically the site has been used commercially and until August 2015, was zoned commercially. While the petitioned property was converted to a residential use in 2015 through the Board of Zoning Adjustments application, the current plans submitted by the applicant indicate a more mixed-use with both residential and commercial components. Current exterior characteristics also exhibit less of a residential character than neighboring residential properties. Additionally, a commercial zoning

16 would allow the property to restore its historic use, which has either been commercial or mixed-use. Based upon the length of time that the property in question has been vacant, the proposed amendment is a more suitable zoning classification for the property than the current classification considered in the context of development in the area where the property is located. This standard is not applicable. According to City records and proposals sent in by the applicant, the property does not appear to be vacant. The proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. The proposed amendment does not correct an error, or reflect a change in current policy, so this standard does not apply. The proposed amendment benefits the citizens of the City as a whole. The proposed amendment for an HMC-1 zoning change is intended to serve a neighborhood need and would not have much effect on the City as a whole. The proposed amendment provides a more workable way to achieve the intent and purposes of this Ordinance and the Master Plan. This standard is met as the proposed zoning change would allow for a historically commercial property to utilize and restore its historically commercial use which is one of the goals and within the range of uses for the Residential Historic Core. The proposed amendment does not create a significant number of nonconformities. This standard is met. The proposed amendment for an HMC-1 zoning change would not create a nonconformity. The proposed amendment is compatible with the trend of development, if any, in the general area of the property in question. This standard is met. While much of the immediate surrounding neighborhood is residential, there is a portion of the block and neighborhood already zoned commercially. Properties within this small HMC-1 zone exhibit similar features to historically commercial properties. While commercial development typically has taken place along higher intensity commercial corridors (i.e. Frenchmen Street), there is a trend along this block of Burgundy Street of converting historical non-residential structures back to commercial uses.

17 III. SUMMARY Zoning Docket 019/18 is a request by David MacDonald and Irelis Nazario-MacDonald for a zoning change from an HMR-1 Historic Marigny/Tremé/Bywater Residential District to an HMC-1 Historic Marigny/Tremé/Bywater Residential District. The municipal address is 1919 Burgundy street. The applicant proposes to rezone the subject property to allow for office spaces. Currently the subject property is used residentially, however, it exhibits a more non-residential and industrial character. The current HMR-1 Historic Marigny/Tremé/Bywater Residential District zoning of the site does not allow for the proposed development of office spaces. The HMC-1 District is an appropriate zoning compared to the current residential zoning as it would allow a historically non-residential property to restore its historic use. The petitioned property does have a history of commercial use, both through City land use records, historic Sanborn Maps, and historic Zoning. It would be considered a spot zone, however, it meets all specifications of the Commission s Historic Non-Conforming Use Policy, warranting a favorable recommendation from staff. In addition, the proposed zoning change also meets most the Approval Standards in Article 4 of the Comprehensive Zoning Ordinance and is consistent with the Master Plan, therefore staff is in support of a zoning change to HMC-1. IV. PRELIMINARY STAFF RECOMMENDATION 4 The staff recommends APPROVAL of Zoning Docket 019/18, approving the request for a zoning change from an HMR-1 Historic Marigny/Tremé/Bywater Residential District to an HMC-1 Historic Marigny/Tremé/Bywater Commercial District. V. REASONS FOR RECOMMENDATION 1. The site s Master Plan designation is intended primarily for residential use, but allows commercial use in locations where current or former commercial use is verified. The City Planning Commission staff has consistently taken this to allow for commercial zoning of sites only where a building that is commercial or industrial in its physical character exists. This interpretation is consistent with the Commission s spot zoning policy, which allows for the commercial spot zoning of historic commercial, industrial, and institutional structures. This site is developed with an industrial structure originally a warehouse that has a history of commercial use. Therefore, it is eligible for commercial zoning under the Master Plan. 2. The proposed zoning change meets most standards for approval set forth in Article 4 of the Comprehensive Zoning Ordinance and meets all of the criteria in the City Planning Commission s Historic Non-Conforming Use Policy. 4 Subject to modification by the City Planning Commission

18 1919 Burgundy Street

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21 MAC Design Build LAND-USE REQUESTS APPLICATION BURGUNDY ST. PHOTOS PIC 1: 2013 FORMER COMMERCIAL USE PIC 2: 2017 CURRENT CONDITION PIC 3: FORMER COMEDY CLUB EVENT (TNM) PIC 4: CURRENT CONDITION

22 MAC Design Build LAND-USE REQUESTS APPLICATION BURGUNDY ST. PHOTOS PIC 5: FOMER COMEDY CLUB (TNM) FACEBOOK PAGE AT 1919 BURGUNDY ST. PIC 6: FOMER COMEDY CLUB (TNM) THEATER AT 1919 BURGUNDY ST.

23 MAC Design Build LAND-USE REQUESTS APPLICATION BURGUNDY ST. PHOTOS PIC 7: 2013 FORMER NOLA DEFENDER (ONLINE NEWSPAPER) CONFERENCE 1919 PIC 8: 2013 FORMER NOLA DEFENDER OFFICES PIC 9: 2013 FORMER NOLA DEFENDER OFFICES (TRASHED WHEN THEY VACATED) PIC 10: 2017 CURRENT NOLA DEFENDER AT 1919 BURGUNDY ST. - CLOSED STATUS

24 NPP Report for 1919 Burgundy st. Date of Report & NPP meeting: Dec 15th, 2017 Overview: This report provides results of the implementation of the Neighborhood Participation Program for property located at 1919 Burgundy st between Pauger and Touro. The applicant, my wife and I, intend to file an application for change of zoning classification from HMR-1 to HMC-1 in an effort to keep the precedent commercial use. This report provides a summary of contacts with citizens, neighbors, public agencies, and interested parties. Opportunities have been provided to learn about and comment on the proposed plans and actions. Comments, sign-in lists, petitions, letters, summary sheets, and other materials are attached. Contact: David MacDonald 1919 Burgundy st. Unit C New Orleans, LA DavidRMacDonald@gmail.com Correspondence and Neighborhood Meetings: The following include dates and locations of all talks and meetings with neighbors to discuss the applicant s request [comments, sign in lists, and other feedback are attached]. 1. Nov 28 th 2017 Through USPS we mailed out an invitation to every owner and resident in a 300 ft radius from a list we received from the City. The flyer described the request as well as an invitation to our NPP site meeting on Dec 15 th. A copy of the NPP invitation letter was sent to CPC INFO at cpcinfo@nola.gov at the same time the letter was sent to residents and property owners. 2. Nov 29 th ed our District representative (see attached PDF), as well as 3 Neighborhood Associations including the FMIA, One Marigny, and 7 th Ward Association. (see attached PDF)

25 3. Dec. 5 th received invitation from FMIA to present the request to them at their board meeting. Unfortunately the invite was delivered the night before the board meeting and we had prearranged plans that conflicted with the meeting and could not go. 4. Various dates in December I went door to door on our block to explain the request and ask for signatures of support. I gained 7 signatures (see attached). 5. Dec. 15 th :00PM Held a Neighborhood Participation meeting at our home in 1919 Burgundy in which 2 people from the neighborhood attended. The required handouts were made available (pictured below): Results: 1. Summary of concerns, issues and problems. Neighbor at 1922 N. Rampart informed us of the great job they thought we did renovating the building. They had no problem with the request for a commercial zone as they have watched the various commercial uses inhabiting the building over the years they have owned their property. They signed the petition (see attached). 2. How concerns, issues and problems will be addressed: No concerns, issues, or problems were presented at the meeting 3. Concerns, issues, and problems not addressed and why: None

26 Attachments: 1. NPP mailing list 2. NPP invitiation 3. NPP meeting sign-in sheet 4. Letters of Support from: a Burgundy st: Jake Stout & Samual Danna (IMMEDIATE NEIGHBOR: OWNER & RESIDENT) b Burgundy st: Alexis de Bram (IMMEDIATE NEIGHBOR: OWNER) c N. Rampart: Dr. Gui Sutter - Owner 5. Petition of support for zoning change with 7 signatures of neighbors on our block

27 Properties within 300 foot radius of subject Property Name Mailing Address Mailing City Mailing St Mailing Zip 1904 Burgundy Street LLC 7618 Copperfield Crt Baton Rouge LA Burgundy Street Unit 15, LLC 1931 Burgundy St #15 New Orleans LA Aaron Costeines 1901 Burgundy St New Orleans LA Adam C Fabre 1707 Pauger St New Orleans LA Agnola Holdings LLC C/O Nebraska Alliance Realty Company Minneapolis MN Alan B Alford 203 Cassie Dr Sterlington LA Albert Dragon Etal 1852 Burgundy Street New Orleans LA Alexis R Debram 922 La Fiesta Pl Lake San Marcos CA Alfred C Jr Schnur 1608 Pauger St New Orleans LA Alison Radovanovic 1922 N Rampart Street New Orleans LA Alva J II Groth 4003 Carondelet St New Orleans LA Bag End Trust Center Avenue Wheaton IL Barbara A Rahne 2008 Burgundy St New Orleans LA Bernard J Tassin 822 Touro Street Unit 4 New Orleans LA Brandon B Lane 910 Touro St #3 New Orleans LA Brent L Rosen Et Al 1515 Pauger St New Orleans LA Brett J Anderson 1511 Pauger Street New Orleans LA Carl Segura Etals 1923 N Rampart St New Orleans LA Charles E Jr Culpepper Etals 1930 N Rampart St New Orleans LA Charles O 2 Paul 7408 Continental Trail North Richland H TX Christopher R Stanton Etals 1614 Pauger St New Orleans LA Christopher T Ayton 4859 Cedar Springs Rd Unit 133 Dallas TX Clifford Miller 1912 N Rampart St New Orleans LA Current Resident 1006 Touro St New Orleans LA Current Resident 1510 Pauger St New Orleans LA Current Resident 1511 Pauger St New Orleans LA Current Resident 1512 Pauger St New Orleans LA Current Resident 1515 Pauger St New Orleans LA Current Resident 1517 Pauger St New Orleans LA Current Resident 1519 Pauger St New Orleans LA Current Resident 1520 Pauger St New Orleans LA Current Resident 1521 Pauger St New Orleans LA Current Resident 1523 Pauger St New Orleans LA Current Resident 1526 Pauger St New Orleans LA Current Resident 1527 Pauger St New Orleans LA Current Resident 1529 Pauger St New Orleans LA Current Resident 1530 Pauger St New Orleans LA Current Resident 1600 Pauger St New Orleans LA Current Resident 1606 Pauger St New Orleans LA Current Resident 1610 Pauger St New Orleans LA Current Resident 1612 Pauger St New Orleans LA Current Resident 1614 Pauger St New Orleans LA Current Resident 1620 Pauger St New Orleans LA Current Resident 1621 Pauger St New Orleans LA Current Resident 1623 Pauger St New Orleans LA Current Resident 1624 Pauger St New Orleans LA Current Resident 1625 Pauger St New Orleans LA Current Resident 1626 Pauger St New Orleans LA 70116

28 Current Resident 1628 Pauger St New Orleans LA Current Resident 1631 Pauger St New Orleans LA Current Resident 1632 Pauger St New Orleans LA Current Resident 1633 Pauger St New Orleans LA Current Resident 1634 Pauger St New Orleans LA Current Resident 1635 Pauger St New Orleans LA Current Resident 1639 Pauger St New Orleans LA Current Resident 1705 Pauger St New Orleans LA Current Resident 1710 Pauger St New Orleans LA Current Resident 1824 N Rampart St New Orleans LA Current Resident 1827 Dauphine St New Orleans LA Current Resident 1829 Burgundy St New Orleans LA Current Resident 1830 N Rampart St New Orleans LA Current Resident 1835 Burgundy St New Orleans LA Current Resident 1839 N Rampart St New Orleans LA Current Resident 1841 N Rampart St New Orleans LA Current Resident 1850 Burgundy St New Orleans LA Current Resident 1852 Burgundy St New Orleans LA Current Resident 1858 Burgundy St New Orleans LA Current Resident 1900 N Rampart St New Orleans LA Current Resident 1902 Burgundy St New Orleans LA Current Resident 1903 Burgundy St New Orleans LA Current Resident 1904 Burgundy St New Orleans LA Current Resident 1905 N Rampart St New Orleans LA Current Resident 1906 Burgundy St New Orleans LA Current Resident 1907 Burgundy St New Orleans LA Current Resident 1908 Burgundy St New Orleans LA Current Resident 1909 N Rampart St New Orleans LA Current Resident 1910 Burgundy St New Orleans LA Current Resident 1910 N Rampart St New Orleans LA Current Resident 1911 Burgundy St New Orleans LA Current Resident 1911 Dauphine St New Orleans LA Current Resident 1911 N Rampart St New Orleans LA Current Resident 1912 Burgundy St New Orleans LA Current Resident 1913 Dauphine St New Orleans LA Current Resident 1913 N Rampart St New Orleans LA Current Resident 1915 Burgundy St New Orleans LA Current Resident 1915 Dauphine St New Orleans LA Current Resident 1916 Burgundy St New Orleans LA Current Resident 1916 N Rampart St New Orleans LA Current Resident 1917 Burgundy St New Orleans LA Current Resident 1917 Dauphine St New Orleans LA Current Resident 1919 Burgundy St Unit A New Orleans LA Current Resident 1919 Burgundy St Unit B New Orleans LA Current Resident 1919 Dauphine St New Orleans LA Current Resident 1921 Burgundy St New Orleans LA Current Resident 1921 Dauphine St New Orleans LA Current Resident 1922 Burgundy St New Orleans LA Current Resident 1922 N Rampart St New Orleans LA Current Resident 1923 Burgundy St New Orleans LA 70116

29 Current Resident 1923 N Rampart St New Orleans LA Current Resident 1924 Burgundy St New Orleans LA Current Resident 1924 N Rampart St New Orleans LA Current Resident 1925 Dauphine St New Orleans LA Current Resident 1925 N Rampart St New Orleans LA Current Resident 1926 Burgundy St New Orleans LA Current Resident 1927 Burgundy St New Orleans LA Current Resident 1927 Dauphine St New Orleans LA Current Resident 1928 Burgundy St New Orleans LA Current Resident 1928 Burgundy St HM New Orleans LA Current Resident 1929 N Rampart St New Orleans LA Current Resident 1930 Burgundy St New Orleans LA Current Resident 1930 N Rampart St New Orleans LA Current Resident 1931 Burgundy St New Orleans LA Current Resident 1931 N Rampart St New Orleans LA Current Resident 1933 N Rampart St New Orleans LA Current Resident 1934 Burgundy St Unit A New Orleans LA Current Resident 1934 Burgundy St Unit B New Orleans LA Current Resident 1934 Burgundy St Unit C New Orleans LA Current Resident 1934 Burgundy St Unit D New Orleans LA Current Resident 1935 N Rampart St New Orleans LA Current Resident 1937 N Rampart St New Orleans LA Current Resident 1938 Burgundy St New Orleans LA Current Resident 1939 Burgundy St New Orleans LA Current Resident 1939 N Rampart St New Orleans LA Current Resident 1940 Burgundy St New Orleans LA Current Resident 1940 N Rampart St New Orleans LA Current Resident 1941 Dauphine St New Orleans LA Current Resident 1941 N Rampart St New Orleans LA Current Resident 1943 N Rampart St New Orleans LA Current Resident 2000 Burgundy St New Orleans LA Current Resident 2000 Burgundy St Ste 201 New Orleans LA Current Resident 2000 Burgundy St Ste 202 New Orleans LA Current Resident 2000 Burgundy St Ste 301 New Orleans LA Current Resident 2004 Burgundy St New Orleans LA Current Resident 2006 Burgundy St New Orleans LA Current Resident 2009 Burgundy St New Orleans LA Current Resident 2011 Burgundy St New Orleans LA Current Resident 2014 N Rampart St New Orleans LA Current Resident 817 Touro St New Orleans LA Current Resident 819 Touro St New Orleans LA Current Resident 822 Touro St New Orleans LA Current Resident 822 Touro St Unit 1 New Orleans LA Current Resident 822 Touro St Unit 10 New Orleans LA Current Resident 822 Touro St Unit 2 New Orleans LA Current Resident 822 Touro St Unit 3 New Orleans LA Current Resident 822 Touro St Unit 4 New Orleans LA Current Resident 822 Touro St Unit 5 New Orleans LA Current Resident 822 Touro St Unit 6 New Orleans LA Current Resident 822 Touro St Unit 7 New Orleans LA 70116

30 Current Resident 822 Touro St Unit 8 New Orleans LA Current Resident 822 Touro St Unit 9 New Orleans LA Current Resident 826 Touro St New Orleans LA Current Resident 826 Touro St Unit 1 New Orleans LA Current Resident 826 Touro St Unit 2 New Orleans LA Current Resident 826 Touro St Unit 3 New Orleans LA Current Resident 826 Touro St Unit 4 New Orleans LA Current Resident 826 Touro St Unit 5 New Orleans LA Current Resident 827 Touro St New Orleans LA Current Resident 828 Touro St New Orleans LA Current Resident 829 Touro St New Orleans LA Current Resident 831 Touro St New Orleans LA Current Resident 832 Touro St New Orleans LA Current Resident 835 Touro St New Orleans LA Current Resident 901 Touro St New Orleans LA Current Resident 909 Touro St New Orleans LA Current Resident 910 Touro St New Orleans LA Current Resident 910 Touro St Unit 3 New Orleans LA Current Resident 910 Touro St Unit 4 New Orleans LA Current Resident 910 Touro St Unit 5 New Orleans LA Current Resident 910 Touro St Unit 6 New Orleans LA Current Resident 911 Touro St New Orleans LA Current Resident 913 Touro St New Orleans LA Current Resident 915 Touro St New Orleans LA Current Resident 920 Touro St New Orleans LA Current Resident 924 Touro St New Orleans LA Current Resident 927 Touro St New Orleans LA Current Resident 929 Touro St New Orleans LA Current Resident 930 Touro St New Orleans LA Current Resident 931 Touro St New Orleans LA Current Resident 939 Touro St New Orleans LA Current Resident 941 Touro St New Orleans LA Daisy LLC C/O Dimitri/Garrett Property Coa Slidell LA Dana L Mckee 1613 Pauger St New Orleans LA David Macdonald 1919 Burgundy St Unit C New Orleans LA Din F Sinclair 1914 Burgundy St New Orleans LA Douglas K Stilley 1930 N Rampart St New Orleans LA Dylan Dibona 1629 Pauger St New Orleans LA Eugene D Cizek 2018 Burgundy St New Orleans LA Frank J Butirro 1939 Burgundy Street #12 New Orleans LA G & K LLC 765 Hi Mount Rd Palm Beach FL Garney H Fendley Etals 911 Touro St New Orleans LA Gary L Hodges Et Al 913 Touro St. New Orleans LA George H Jr Arch 818 S Carrollton Ave New Orleans LA George W III Vie 4249 Dickson Street Houston TX Guido Sutter Pinehurst Place E Gulfport MS Herbert R Jr Copeland 2920 Forest Lande #203 Dallas TX Horace Jr Jordan 1907 N Rampart St New Orleans LA Ian Goudelocke Elizabeth Whamond 601 Almarida Dr #FCampbell CA J. Falgoust, Inc. M. Et Al 337 Carondelet St New Orleans LA 70130

31 Jame E Smith 1838 Fern St New Orleans LA James C Lauga Mrs Violet H Lauga 1824 N Rampart St New Orleans LA James Clement, Sr Lauga Etals 1824 N Rampart St New Orleans LA James F II Welch Linton W Carney Jr 1911 Burgundy St New Orleans LA James G Eustis 910 Touro Street Unit 6 New Orleans LA James K Price 926 Touro St New Orleans LA James P Hayes Pamela I Rosen 1913 Dauphine St New Orleans LA James T Graham 1939 Burgundy St Unit #8 New Orleans LA Janet E Johnson 1416 Dauphine St New Orleans LA Jean E Bernard Et Al 1919 Dauphine St New Orleans LA Jennifer Kvistad 1916 N.Rampart St Unit 1 New Orleans LA Jeremy S Kelley 1604 Pauger St New Orleans LA Jesse S Zuefle 928 Touro St New Orleans LA John A III Hay 2103 Sharon Lane Austin TX John B Wallis 1639 Pauger Street New Orleans LA John Calderara 1909 N Rampart Street New Orleans LA John K Smart 1616 Piedmont Ave., Ne #P-10 Atlanta GA John W Vinson 1923 Dauphine St New Orleans LA Jordan M Jacobs 1304 Trinidad Ave Ne Washington DC Joseph H Baele 5867 Lake Kessler Ct Indianapolis IN Joseph S Phillips 1522 Pauger St New Orleans LA Kacie A Kelly 1939 Burgundy St #7 New Orleans LA Kapcom LLC 2837 Lepage St New Orleans LA Larry Jr Lebeouf Etal 1929 N Rampart Street New Orleans LA Laura B Andrews 919 Touro St New Orleans LA Loretta R Branicky Et Als 1940 N Rampart St New Orleans LA Ltdbruce Bonfim D/B/A Cafe Brasil 2100 Chartres St New Orleans LA Luke J Fontana 1827 Burgundy St New Orleans LA M&R Properties Ofharahan LLC 717 Parkway Jefferson LA Mark A Marino 1519 Pauger St Unit 1519 New Orleans LA Mark M Benson 1627 Pauger St New Orleans LA Mary Elizabeth Welch Revocable The Living Trust 1416 Fairway Ct Chaska MN Maureen M Preau 1931 Burgundy Street Unit 14 New Orleans LA Merchant Larry W 825 Touro St New Orleans LA Mgc, LLC 3705 Carondelet St New Orleans LA Michael A Berry 1815 Dauphin St Mobile AL Michael E Landry 1856 Burgundy St New Orleans LA Michael J Apte 530 Audubon Dr Ruston LA Michael J Lawson 1311 Frenchmen St New Orleans LA Michael J Marino 135 W 79Th St Apt 7B New York NY Michael L Mancuso 1034 Milan St New Orleans LA Michele White 1918 Burgundy St New Orleans LA Mid City Restorations LLC 2001 Burgundy St New Orleans LA Nash Family Realty Trust 122 Doane St Cohasset MA Neal S Caine 935 Touro St New Orleans LA Nevski Philippe Nicolas 1905 Burgundy St New Orleans LA Nola Financial Services LLC 4034 Doveville Lane Fairfax VA Patricia Doyle O'connor 1919 N Rampart St New Orleans LA Patricia M Mccollough 1939 Burgundy St # 10 New Orleans LA 70116

32 Paul J Yaeger 1934 Burgundy St Unit #D New Orleans LA Paul M D'avino Et Al 1922 Burgundy St New Orleans LA Paul Metell 31 Bluebird Way Vineyard Haven MA Paulo S Diniz 1900 Burgundy St New Orleans LA Peggy Fredericksen Rubio Et Al 1924 N Rampart St New Orleans LA Peter Garger 9417 Dawn Dr Baltimore MD Peter M Chatell 1400 Church St Nw #406 Washington DC Peter W Webb 920 Touro St Unit 1 New Orleans LA Phillip J Fabacher 105 Brahmwell Ct Lafayette LA Randy P Meadoux 1518 Pauger St New Orleans LA Randy Springer 1205 Nursery Ave Metairie LA Richard F Pettit Etal 910 Touro Street Unit 5 New Orleans LA Richard K Pollak Etal 4530 North Richmond Chicago IL Robert L Haeuser P O Box 730 Robert LA Robert M Lorsbach 1927 Burgundy St Unit 18 New Orleans LA Robert Schwartz 2715 Plainfield Av Scotch Plains NJ Samuel C Danna Et Al 1921 Burgundy St New Orleans LA St. Gerard Majella School 7887 Walmsley Ave New Orleans LA Summit Nola, LLC 5527 Willow St New Orleans LA Susan L Hall 921 Touro St New Orleans LA Terry J Polt 165 Anthony Rd Glen Gardner NJ The Anna Maria F Adamo Trust Etal 822 Touro St #9 New Orleans LA Thomas S Suhar 210 South School St Mount Prospect IL Vincent Rene Piazza LLC 6330 Paris Av New Orleans LA Violet H Lauga Etals 1824 N Rampart St New Orleans LA Wayne J Crumhorn 925 Touro St New Orleans LA Zachary L Lazar 1521 Pauger St Unit A New Orleans LA Zeinab Ayad 1860 Burgundy St New Orleans LA Council District Council District C, Nadine M. Ramsey City Hall, Room 2W Perdido St New Orleans, LA Phone: (504) districtc@nola.gov Neighborhood Organizations Organization Name: Seventh Ward Neighborhood Association Point of Contact: Dr. Mona Lisa Saloy Phone Number: thwardassoc@gmail.com Street Address: PO Box 8591 City: New Orleans Zip: Organization Name: Faubourg Marigny Improvement Association Point of Contact: Gretchen Bomboy Phone Number: secretary@faubourgmarigny.org Street Address: 2401 Burgundy St. Box #10 City: New Orleans Zip: 70117

33 Organization Name: One Marigny Point of Contact: Bill Walker Phone Number: Street Address: 2202 Royal Street City: New Orleans

34 November 27, 2017 Dear Neighbor, This letter is to invite you to an open house neighborhood meeting (NPP) where my wife and I are explaining the zoning amendment we are requesting from the City Planning Commission and the City Council for our home at 1919 Burgundy. This meeting is required as part of that process. WHEN: Friday, December 15th, 2017, 1:00 PM WHERE: 1919 Burgundy Unit C, NOLA My wife and I just finished the reconstruction of the property from a blighted, once abandoned commercial building into our home, with 2 other rental units to help out with the mortgage. During our construction, the City updated the zoning maps and instead of including it in the nearby commercial zone, like similar lots with a commercial history that are now multi-family, it was lumped with the residential zoning (HMR-1). We are requesting the City rezone the property back to Commercial (HMC-1) to correct what we feel was a mistake. The building has over a 50 year history of commercial use, and in our opinion should retain that ability. Through research and talks with our neighbors, as well as evidence in the building, we have discovered that the building was used to make Mardi Gras floats, store large boat anchors and Cherry pickers, house a school bus mechanic shop, was a General Contractor s headquarters, a plumber s office, a Catering Business, a laundry mat, and lastly, an office for an online newspaper (NOLA Defender) and a comedy club on the first floor (TNM). We bought the property thinking we would like the possibility of expanding our current Architectural office (which consists of just us in our home/office at 1919) into the lower floor, if someday we grow enough to have employees and enough business. Now that is no longer possible so we are requesting the change back to a Commercial Zone like the building had when we bought it and when we started construction. We would also like to take this time to thank all of you who supported the renovation we undertook this past year. The Times Picayune published an article on the project and we know we couldn t have done it without your support. Below is a link to the article, but if you type Marigny Couple Turns Crumbling Building into Google you will see the Nola.com link in the results. This letter is being delivered through US mail to those who live within a 300 foot radius of the property. Those participants and associations who leave us their addresses at the meeting will receive updates to any changes in our current request. We hope to see you on December 15th. If you can t make it, feel free to call or us your questions or comments. Sincerely, David and Irelis MacDonald (DavidRMacDonald@Gmail.com) 1919 Burgundy st Unit C

35 12/17/2017 Gmail Burgundy - NPP invitation David MacDonald <davidrmacdonald@gmail.com> 1919 Burgundy - NPP invitation 1 message David MacDonald <davidrmacdonald@gmail.com> To: onemarigny@gmail.com, secretary@faubourgmarigny.org, 7thwardassoc@gmail.com Wed, Nov 29, 2017 at 1:09 PM Please let us know if you all have any questions. Sincerely, David and Irelis MacDonald 1919 Burgundy - Unit C NPP Letter to Neighbors.pdf 131K 1/1

36 11/29/2017 Gmail - Automatic reply: 1919 Burgundy - NPP invitiation David MacDonald <davidrmacdonald@gmail.com> Automatic reply: 1919 Burgundy - NPP invitiation 1 message DistrictC <districtc@nola.gov> To: David MacDonald <davidrmacdonald@gmail.com> Wed, Nov 29, 2017 at 1:18 PM Thank you for contacting the City Council office for District "C. We have received your . You will receive a response from the appropriate member of our staff. 1/1

37 Meeting Sign-In Sheet Project: 1919 Burgundy St. -Zoning change request Date: 12/15/2017 Facilitator: David And lrelis MacDonald Time: 1:00 Place/Room: 1919 Burgundy site PRINT NAME ADDRESS or ORGANIZATION I PHONE I ,! ~!\) ~ sw Jctf -- ] J. I M< :~bvjc \lt\&)n ~()\) l(_ (I{J ~p)tt R%/-f;621 ~~-t&'laa_~ f.lt..j ~t"' /VtiJ.> v AJV& v r c 1 q ~ ~JriZ!f) f:t~ 761.!ZAf'"' r %"4e r 3.,.,,...,. /.l "!. _ 4 I I f t t ~ L r I J ~ t f t 8. ' t' L ~ I 9., --~--M ~1. I I r t j -==--= _L L t.

38 12/4/2017 Gmail BurgundySt.'s Zoning David MacDonald <davidrmacdonald@gmail.com> 1919 BurgundySt.'s Zoning 2 messages frenchquarterfly <frenchquarterfly@aol.com> To: DavidRMacDonald@gmail.com Sat, Dec 2, 2017 at 9:34 AM Dear Mr. & Mrs. MacDonald, I happen to be your proximal "neighbor" by virtue of being the owner of the private garage building at 1915 N. Rampart Street, which has been utilized by me during the past three decades as a private parking (and storage) facility in conjunction with my own small residence, located just inside of the parking-congested, nearby FrenchQuarter. I am presently in receipt of your letter of this recent November 27th [ attached ] containing the explanation of your undeserved, current circumstance regarding the zoning problem(s) which the bureaucracy of our NewOrleans city government has haplessly created for you. Unfortunately, because of my current work-related responsibilities and commitments, and the upcoming Christmas holidays, I will quite-likely be remaining away from the city and therefore not be available to attend your meeting scheduled for 15 December 2017 concerning that very important, relevant zoning matter. However, please DO feel free to count me as if I were in attendance and fully supportive of your goal to rectify your unjust zoning dilemma. Should you subsequently happen to further require any document which perhaps may necessitate my actual signature or any other similar endorsement, kindly forward these to me, in care of my bookkeeper at the following address: Dr. GUI SUTTER Mr. Gene Simmons, CPA PINEHURST PL. E. LANDON LAKE GULFPORT, MS My sincere best wishes for a most successful outcome for you, -Gui Dr. Gui Sutter 504/ [fm. my hospital mini-laptop] Burgundy Property Zoning Issue.jpg 212K 1/2

39 12/4/2017 Gmail BurgundySt.'s Zoning David MacDonald <davidrmacdonald@gmail.com> Draft To: frenchquarterfly <frenchquarterfly@aol.com> Mon, Dec 4, 2017 at 7:49 PM Dr. Sutter, Thank you for your letter and support of our request from the City. Would it be possible to include this letter in my application [Quoted text hidden] 2/2

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43 Back-up for former uses at 1919 Burgundy st. This letter and attached documentation will serve as additional proof of former commercial uses for the property as well as details of the request. Details: The property is near HMC-1 zone and should not be considered spot-zoning but rather lumped into the HMC-1 zone across the street. See Property viewer with HMC-1 Proximity.PDF Former Commercial use proof (attached): 1. Photos: The attached photos show the use of the property from 2013 to 2015 as a Comedy Club / Theater called the New Movement on the first floor, and the offices for an online newspaper (The NOLA Defender) on the second floor Appraisal page with notes on previous commercial usage Survey showing office space 4. OneStop proof of previous commercial uses: a. OneStop elec permit summary for office conversion 2003 b. OneStop elec permit summary for office work 2002 c. OneStop elec permit summary for restaurant hood 2002

44 STEGALL, BENTON & ASSOCIATES, LLC REAL ESTATE APPRAISAL & COUNSELING 4403 ZENITH STREET METAIRIE, LOUISIANA (504) FAX (504) STEVEN R. STEGALL, MAI, SRPA BUSH G. BENTON, MAI September 17, 2013 Mr. Ryan Blauvelt Business Services Campus Federal Credit Union 6230 Perkins Road Baton Rouge, LA Re: Summary Appraisal of 1919 Burgundy Street New Orleans, LA (Burgundy-Marigny, LLC) Our File No Dear Mr. Blauvelt: A Summary Appraisal of the above captioned property is herein submitted for your review. This appraisal is based upon a number of enclosed assumptions and limiting conditions. All of the data considered pertinent in arriving at an estimate of the As Is Market Value of the Fee Simple Interest in the subject property has been considered. The term Market Value is defined as: "The most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each actively prudently and knowledgeably, assuming the price is unaffected by undue stimuli..." The subject consists of a average quality ±3,268 SF, freestanding, two story commercial facility. The improvements are situated on a ±2,656 SF, rectangularly shaped interior parcel located on the Burgundy Street within the Faubourg Marigny Historic District of New Orleans. The property is zoned HMC-1, Historic Marigny/Treme Commercial District. The building was originally constructed ±30 years ago as an office/warehouse and is currently utilized as an office/comedy club. The facility is in overall fair/average condition. Site improvements include concrete paved parking areas for ±2 vehicles, minor landscaping, fencing, etc. The subject bears the municipal address of 1919 Burgundy Street, New Orleans, LA. The subject is currently under a pending purchase agreement.

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47 12/17/2017 Print Summary Your reference code is VARSD8 Applica on Summary Details Type: Building - SPIN Name Value Loca on: 1919 Burgundy St Property Owner: Descrip on: Change Of Use Office Building Conver ng 2Nd Floor Residen al Unit Into A Office As Per Plans.Par on Walls,Elec.,Outlets,Toilet,Sink,Paint, Carpet & Sheetrock.No Exterior Work. Created By: Admin Status Informa on Name Complete Date Applica on Submi ed Yes 5/8/2003 Fees Type Amount Paid Reviews Division Status Reviewer () Review Comments Division Status Comment Inspec ons Type Date Status Inspec on Correc on Items Contractors Name License 1/1

48 12/17/2017 Print Summary Your reference code is ZRY3CA Applica on Summary Details Type: Mechanical - SPIN Name Value Loca on: 1919 Burgundy St Property Owner: Descrip on: Install Mechanical Equipment Restaurant 49 And Under Install Range Hood Dennis C. \ Created By: Admin Status Informa on Name Complete Date Applica on Submi ed Yes 9/20/2002 Permit Issued Yes 9/20/2002 Fees Type Amount Paid Reviews Division Status Reviewer () Review Comments Division Status Comment Inspec ons Type Date Status Inspec on Correc on Items Contractors Name License 1/1

49 12/17/2017 Print Summary Your reference code is PHU7J3 Applica on Summary Details Type: Electrical - SPIN Name Value Loca on: 1919 Burgundy St Property Owner: Descrip on: Circuits Only Office Building Jack Castaing Created By: Admin Status Informa on Name Complete Date Applica on Submi ed Yes 8/12/2002 Permit Issued Yes 8/12/2002 Fees Type Amount Paid Reviews Division Status Reviewer () Review Comments Division Status Comment Inspec ons Type Date Status Inspec on Correc on Items Contractors Name License 1/1

50 New Orleans City Planning Commission 1300 Perdido St, Suite 7W03 New Orleans, LA Zoning Docket 019/18 Dear Mr. Rivers: On February 6, the CPC will be asked to change the zoning of 1919 Burgundy from HMR-1 to HMC-1. The FMIA asks that you deny this change. We feel that this motion is crucial to all of our neighborhoods, as it highlights the use of "spot zoning" outside of the comprehensive Zoning Ordinance and Master Plan processes. Our neighborhood has been defined by a mixed use of residential lots in the interior of blocks, and commercial uses on the corners. Our historic neighborhoods are seeing an influx of zoning changes that violate this culture, and we urge that you value the importance of our historic character. Sincerely, Allen Johnson President 2401 Burgundy Street, Box 10 New Orleans, LA A 501(c)(3) charitable organization

51 Building/Construction Related Permit Date Tracking Number LAND-USE REQUESTS APPLICATION Applications must be complete and submitted in person. Faxed, ed or incomplete applications will not be accepted. Type of application: Text Amendment Zoning Change Conditional Use /Planned Development Property Location APPLICANT INFORMATION Applicant Identity: Property Owner Agent Applicant Name Applicant Address City State Zip Applicant Contact Number PROPERTY OWNER INFORMATION Same as above Property Owner Name Property Owner Address City State Zip Property Owner Contact Number Note: If ownership is joint, each owner must be listed. If ownership is a partnership, the Partnership Agreement must be included. If ownership is a corporation, Articles of Incorporation and a Board Resolution authorizing an individual or agent to sign on behalf or if ownership is a LLC, Articles of Organization and legal documentation authorizing an individual or agent to sign on its behalf must be included. If necessary, submit proof of ownership documents, such as copies of the recorded act of sale, act of exchange, act of donation, cash sale or deed. SPECIFIC ZONING REQUEST PROPERTY LOCATION Square Number(s) Lot Number(s) Bounding Streets Zoning (inc Overlay Districts) Municipal District Tax Bill Number Planning District DESCRIPTION OF PROJECT (Attachments are acceptable) 1300 Perdido St, New Orleans, LA (504) Page 2 of 3

52 ~~NERLiTOP ~ PERMITS 6 LICENSES Building/Construction Related Permit LAND USE REQUESTS APPLICATION.A. I Date Tracking Number -===========:J :. V L. ACKNOWLEDGMENTS I (we) hereby affirm that ownership and property information presented on this application is current and accurate and, further, that the undersigned meet the requirements of Article 4 of the Comprehensive Zoning Ordinance to submit this application. I (we) acknowledge that inaccurate or incomplete ownership, improper authorization, or property identification will make this application and resulting actions null and void. I (we) the undersig ed owner and authorized agent of the area of land described above, hereby submit for your approval the above stated request. Owner Signature Printed Name David MacDonal d Date Agent Signature Date Printed Name STATE OF LOUISIANA, PARISH OF ORLEANS Before me, the undersigned authority, personally appeared the person(s) whose signature are affixed above, all of the full age of the majority, who declared under oath to me, Notary, that they are the owners or authorized agents of the property described above, and that their signatures were executed freely and voluntarily and that they are duly qualified to sign. Sworn to and subscribed before me this day of My Commission expires '' l' ~. i. I > I,,,, \,,.. ~ IAN G. FISHER -..' - ~; ~. ~. -. NOTARY PUBLIC ~ ~.:.. _'.. '. BAR NO g.., : :7 ~~.. STATE OF LOUISIANA ~- : ~~. MY COMMISSION IS ISSUED FOR UFE :: ~..~.'-"' """.. ' - : ; '. \~\...! ~. ~.... "".. " ='- ":S. -.- ~, :. :~' PERDIDO ST. NEW ORLEANS, LA (504 ) PAGE30F3