A New Orleans zoning agency has rebuffed an attempt to halt construction of a
new clubhouse for the Audubon Park golf course.
The Board of Zoning Adjustments voted unanimously this week to uphold the
city's decision to issue a building permit for the 7,800-square-foot clubhouse,
to be built just north of Magazine Street.
Keith Hardie Jr., attorney for the organization Save Audubon Park, had asked
the board to overrule the decision by Paul May, director of the Department of
Safety and Permits, to issue the permit.
Hardie's appeal focused on the amount of food service planned at the
clubhouse, which he said is so extensive that the building would amount to a
restaurant, which is illegal at the site under the city's zoning law.
Audubon officials disputed that claim, saying the building will offer only
the type of food service typical of golf clubhouses.
The Department of Safety and Permits issued a building permit for the
clubhouse June 17.
Audubon Nature Institute officials signed a $2.1 million contract June 14
with Gootee Construction to build the clubhouse and a nearby shed to store golf
carts.
The golf course, closed for the past year for a $6 million reconstruction, is
scheduled to reopen Oct. 16. The cart storage shed is expected to be ready by then. The
course will be managed from a temporary office, probably a trailer, until the
clubhouse is finished in mid-January.
Under the city's zoning ordinance, Save Audubon Park's appeal said, a
restaurant is not a permitted use in Audubon Park outside of Audubon Zoo. The
only food service allowed at the clubhouse site is a concession stand, it said.
But, it said, the clubhouse's "large commercial kitchen and dining areas can
only reasonably be used as a restaurant."
Hardie said the planned kitchen and dining area will be far more extensive
than the food facilities at the golf course's former clubhouse on Walnut Street.
That clubhouse, though on the edge of the course, was privately owned and
operated. Hardie said it offered only cold sandwiches, drinks, chips and candy
bars, not hot food or full meals.
But Henry "Tut" Kinney, attorney for the Audubon Nature Institute and Audubon
Commission, told the board that the food service is expected to account for only
9 percent of the clubhouse's total revenue, with the rest coming from golf
operations and golf-related sales.
Under the law, he said, a business cannot be classified as a restaurant
unless at least 50 percent of its revenue comes from food operations.
The board unanimously approved a motion by Gloria Bryant-Banks to uphold
May's ruling that the clubhouse would not be a restaurant and therefore was
entitled to a building permit.
But the board attached three provisos to its approval: that the clubhouse
must be open to the public; that it must operate in conjunction with the golf
course, not as an independent restaurant; and that Audubon officials must seek
to minimize noise from the clubhouse and any other potentially negative effects
on neighbors.
Kinney said the provisos present no problem because they are in line with
what Audubon officials always planned. "There will be no adverse effects on the
neighborhood," he said.
Save Audubon Park can appeal the zoning board's decision to Civil District
Court. Hardie said the group will wait until it sees the official wording of the
provisos before it decides what to do.
Save Audubon Park was formed in 2001 to oppose plans for rebuilding the golf
course and building the clubhouse. It has since extended its criticism to other
aspects of the way the Audubon Nature Institute and Audubon Commission manage
Audubon Park and other facilities.
The nonprofit institute operates the facilities for the commission, a city
agency.
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