Rayne Council denies land owner’s zoning appeal

RAYNE - Under threat of possible court action, the Rayne City Council voted 4-1 Monday night to uphold the rezoning of two lots on North McGown Street.
The council voted 3-2 in August to approve the Planning and Zoning Board’s recommendation that the lots, 400 and 402 N. McGown St., be rezoned from C-2 (commercial) to R-3 (residential), despite protests from the property owner, Nathan Jaubert.
Marcus A. Allen, a former city prosecutor in Lafayette currently representing Jaubert, told council members that he was prepared to take the issue “to my home court,” meaning the courtroom.
The rezoning controversy dates back to April, when the Planning and Zoning Board first voted to recommend the change that had been requested by Sylvia Mouton, who lives in the neighborhood.
The council approved that recommendation and Jaubert appealed. Allen then alleged procedural errors in the filing of the request to rezone so the council tabled the appeal and the process was begun again.
The P&Z board again recommended changing the zoning designation from commercial to residential.
The council again okayed the recommendation.
Jaubert again appealed the council’s decision.
Allen again argued procedural errors, asking if the council was voting on the original appeal (which had earlier been removed from the table) or the new appeal.
He also claimed that new signage announcing the second zoning hearing had not been placed on the property.
Mark J. Daigle, director of Zoning, Planning, and Codes, addressed the latter issue by pointing out that the signage had never been removed from the property dating back to the initial hearing, although “one of the signs had been destroyed.”
In addressing the council, Daigle said the issue actually dates back much farther than April of this year.
“This goes back to 2011 when Mr. Jaubert was denied a bar at that location,” Daigle said. “He met the requirements to open a reception hall and that’s what he has.”
Daigle went on to say that police had been called to the reception hall on a number of occasions and that “video from police body cameras shows excessive noise” there.
He insinuated that, even if the property was zoned commercial and Jaubert was able to apply for a liquor license, the “detrimental to the neighborhood” clause in the city zoning ordinance would probably preclude the granting of that license.
“There have been numerous complaints regarding illegal operation of a bar or nightclub there or of free alcohol being given away with a cover charged or all-night parties,” Daigle continued.
Noting that Jaubert’s two lots were the only lots in that area zoned commercial, Daigle said, “That property probably never should have been rezoned (in 1993). He should have sought a variance.
“We can only imagine if a full-blown nightclub were allowed to operate there what it would do to other people’s property values.”
Mayor Charles “Chuck” Robichaux asked Daigle what affect the rezoning from C-2 to R-3 would have on Jaubert’s businesses.
“If it stays R-3, he can still operate what he has,” Daigle responded.
Also speaking in favor of Jaubert’s appeal was Lillian Senegal, who leases the restaurant and store and had planned to lease the event center as a nightclub.
Senegal, who lives on Third Street, reiterated Allen’s claims that the “start-over” process was mishandled by the city.
Dexter Harmon warned that “several Supreme Court cases will have taxpayers of Rayne held liable for changing” the zoning of Jaubert’s property without his consent.
Mouton, who spearheaded the rezoning, challenged Jaubert and Senegal to “open a bar in your neighborhood.”
She ticked off the names of businesses selling alcohol all within two blocks of each other going all the way from North Eastern Avenue to The Boulevard.
“How much liquor do we need in Rayne?” she asked.
Prior to the vote, Alderman James “Jimmy” Fontenot asked Larry Richard, city attorney, if the procedure followed to date had been legal.
Richard said it had.
Curtrese Minix moved to accept Jaubert’s appeal but her motion died for lack of a second.
Voting to deny the appeal were Fontenot, Kenneth Guidry, Lendell “Pete” Babineaux and Calise Michael Docuet.
Minix cast the lone “nay” vote.
In a related matter, Senegal’s request for a liquor license for Jaubert’s Palace was denied since the R-3 zon ing does not allow for the operation of a bar/nightclub.