Drunken revelers cavorting through backyards of private homes at 3 in the morning. Fights in alleyways. Shootings. Parking hassles. The prospect of more traffic injuries and fatalities.
Those realities, current and feared, were at the heart of community opposition to a proposal for a late-night “assembly hall,” also known as BYO nightclub, proposed for the 1330 Whalley Ave. strip shopping center near Anthony Street.
Beverly Hills/Amity neighbors expressed that opposition at an online public hearing Tuesday night before the Board of Zoning Appeals
The proposal under consideration was from Kenneth Redding for a place he calls Sky Box Hall, and which neighbors know as “the Cut.”
The formal request before the commissioners was for two special exceptions — for this type of use in a BA zone and to share the parking on the property with other businesses located there.
After a phalanx of opposition led by the Alder Richard Furlow, in his formal statement read by the Ward 27 Co-chair Andrea Downer, and other neighbors, commissioners voted unanimously to deny the proposal.
However, in an oops moment, Rod Williams, the city attorney deployed to the BZA, reminded Chair Mildred Melendez: “I appreciate the commissioners but before denial or a vote,” Redding’s request first needs to go before the City Plan Commission.
That’s because the rules require any proposal involving parking to first have City Plan approval.
Still vociferous neighbor opposition had been heard. Here’s a sampling:
Downer: “We have a lot of concerns with this application, that it will have adverse effect on pedestrian and vehicle circulation around Anthony and Davis streets. We’ve had deaths in this corridor of Whalley, we’ve had motorcycle deaths, a little girl died in this same section.… Mr. Redding has been operating the place as ‘The Cut’ since late 2020 even after the city placed a halt on construction order … After speaking with the neighbors there was a large amount of concern about crime, fights, cars parked in side alleyways; the place [was] open when it should not have been. It will have a detrimental impact and compromise safety, health, and traffic.”
One of the deaths cited was oflongtime crossing guard Celeste Gilchrist, who killed in a hit and run a year ago between Davis and Anthony Streets.
Neighbors reported rowdy events taking place at night at the location.
“My reason for opposing was not from reports of what was happening, but that particular use does not fit that space. There is no parking there,” Alder Furlow said after the meeting.
Furlow added that he’s in possession of photos of events there sent to him by neighbors. He also said the District Manager Lt. Elliot Rosa has been alerted but could not act, Furlow reported, until zoning issues have been clarified.
That said, Furlow was at pains to point out that he is not anti-business or anti Kenneth Redding, who operates a next-door barbershop. “He cut my father’s hair,” Furlow said. “He’s a nice guy. We want to set him up to win, not to come to a neighborhood and cause chaos.”
In his reply at the zoning hearing, Redding said, “We did no work to the property.” He described 28 parking spots on the property, but failed to provide the commissioners with evidence that he had the agreement of the other businesses, including two hair braiding salons, for sharing the parkin.
“Braiding can go on into the night,” said Melendez, referring to the prime hours of operation of the club. “I have no document saying the spots are yours. The staff report also asks you to say where the on and offloading will take place, as there is no parking in the front.”
Arlevia Samuel, who runs the Livable City Initiative, spoke as a neighbor: “This borders my backyard. I had to put up a fence; patrons were fighting and shooting, coming into my fenced backyard at 3 a.m. This is a residential neighborhood, and they have no respect. They are not welcome in this family friendly neighborhood ‚and I strongly urge you to deny.”
Three other immediate neighbors echoed these concerns. Zoning attorney Ben Trachten, on the call for other items, chimed in: “This is an inappropriate use for this property as the other neighbors have testified.”
After the public testimony part of the hearing concluded, Commissioner Alexandra Daum asked for clarification about the term “assembly hall”: “What use is being proposed? A nightclub? Assembly hall? Would the use permit alcohol being served?”
“My reading of the code,” said City Plan/BZA staffer William Long, “is it would not permit alcohol.”
Attorney Williams added further clarification: “The stuff in the applicant’s material is BYOB, that is, the folks would bring it in. They don’t serve it, but alcohol use is envisioned in the application.”
Calling the application full of “too many inconsistencies,” Melendez moved to deny, and her fellow commissioners joined in unanimously.
Then Williams gingerly reminded them their vote was unofficial, premature, invalid.
“Off to City Plan they go,” said Melendez. She thanked Redding and said she would see him next month.
A club does not belong on that stretch of the street. It is a residential neighborhood with houses backing right up to a series of narrow strip malls with little parking on Whalley Ave with businesses that are for the most part operating during the daytime, with a few restaurants and pharmacies with later hours. Any club that has music and allows liquor, whether served by the establishments or byob, that isn't a sit down restaurant, would be inappropriate for that area.
Clubs and bars should be in downtown or in industrial areas and commercial areas that are not close to residences, and certainly not near schools, religious institutions, assisted living facilities, or other family friendly use buildings.
They also shouldn't be located on streets with numerous traffic fatalities over the decades where they would be adding impaired drivers trying to enter or leave their parking lots, and where they will end up with customers parking on residential side streets and in other businesses parking lots because the clubs lot will fill up quickly.
The city should deny this use in this area.