Post-Rudy’s Battle Gets Personal

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Rex Gilliland (right) and Rudy’s owner Omer Ipek (center)

Confronted with neighborhood objections against patio service at his new bar, Punhon Chan pulled out his counter-argument: Facebook photos.

Chan, whose Elm Bar opened up last weekend on Elm Street, appeared before the Board of Zoning Appeals (BZA) on Tuesday night seeking permission to serve drinks on the sidewalk patio and in a back room. That’s what used to happen at Rudy’s, the venerable watering hole that occupied the same space since the 1930s, Chan argued. At the request of the landlord, Chan’s father, Rudy’s left its ancestral home in August and is poised to reopen two blocks away.

When neighbor Rex Gilliland argued against his proposal, Chan pulled out some evidence aimed at discrediting his detractor. He showed the board Facebook photos of Gilliland carousing at the old Rudy’s with that bar’s owner, Omer Ipek. Gilliland himself is guilty of the same noisy behavior he now seeks to stop, Chan argued.

Gilliland dismissed the photos as irrelevant. He called it inappropriate to bring them up in a public hearing.

The BZA didn’t vote on Chan’s request on Tuesday night, referring it instead to the City Plan Commission for a recommendation.

Thomas MacMillan Photo

When he appeared before the board, Chan began by saying that he seeks permission for activity that took place for years at Rudy’s, without permission. He said he wants permission to serve drinks on the front patio,” a fenced-off area of the sidewalk. He said he also wants to serve in a back room, an area that had been approved for storage but was actually used for more customer seating.

Among several people speaking in favor of Chan’s application was Mahmut Turan, whose nearby Alpha Delta Pizza has historically done a brisk business feeding the Rudy’s crowd. Rudy’s was never a problem, Turan said.

Others saw it differently. Four people spoke in opposition to Chan’s request.

Gilliland said he was there to represent the 13 residents of the Rochdale Association, a cooperative housing building across from Elm Bar. He presented a petition of 42 signatures opposing Chan’s proposal. Their objections: Noise, public urination, and parking problems. Gilliland said all three were problems under the previous tenant, Rudy’s.

Given a chance to rebut the opposition, Chan said the bar has been there for 76 years. Bars cause noise; people moving into the immediate area should know that when they move in, he said.

As for Gilliland, he is a personal friend of Rudy’s owner Ipek, a regular at Rudy’s and thus part of the noise problem he now decries, Chan said. As evidence, he submitted to the board several Facebook photos of Gilliland drinking in a crowded Rudy’s.

Gilliland’s objection is not about noise or parking, Chan said; it’s about his personal friendship with and loyalty to Ipek. Ipek is renovating a space nearby at Chapel and Howe Streets (last known as Ahimsa) as the home of a reborn Rudy’s.”

Gilliland immediately came forward once more to try to answer that claim, but board Chair Cathy Weber did not allow him to speak.

I saved these photos for today,” Chan said moments later. I think this is personal.”

Chan said he will do his best to keep the noise down at his bar. I’m going to do better than before.”

He didn’t address any of the issues,” Gilliland said later of Chan’s Facebook presentation. It’s true that I’m friends with the owner,” he said. I used to frequent his bar.” But that is clearly irrelevant in a public hearing,” he said.

Gilliland stressed that he was at the hearing only to represent the residents of Rochdale. Chan’s personal attacks” were irrelevant because the BZA is there to decide zoning issues according to city ordinances and the impact on residents and businesses, not to make judgments about the character or motivations of the parties involved,” Gilliland said.

When he ran Rudy’s on Elm Street, Ipek was responsive to noise complaints, Gilliland said. Since Rudy’s has closed down, Gilliland said, he’s looked into the noise ordinance and realized the rights that he and his neighbors have.

Gilliland and Chan spent some time talking in the hall outside the meeting room. Gilliland said they both said they would have preferred to talk about their disagreements prior to Tuesday’s meeting.

Gilliland understands Chan’s desire to run a successful business, he said. I hope I can frequent his bar.”

Reached after the meeting, Ipek said he’s focusing on his new venture at 1227 Chapel St., not dwelling on the relationship with his previous landlords.

We’re looking forward and we’re moving on,” he said. The new Rudy’s is going to be ready soon,” he said. I just want to let everybody know that we are welcoming everybody.”

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