Fight over club Pure heads to Superior Court
by Andy Phelan
andy@dekalbchamp.com
Pure Atlanta, a club at the corner of Briarcliff and Clairmont roads near I-85, is battling surrounding neighborhood associations.
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Club Pure Atlanta – the catalyst for so much rancorous debate over county bar closing times – now finds itself embroiled over a DeKalb Zoning Board of Appeals decision that could have implications for nightclubs all over the county.
On Dec. 12, the ZBA upheld an appeal 4-3 by Sagamore Hills and Briarcliff Woods Civic Associations that commercial zoning (C-1) is inappropriate for Pure, which they said has five bars and no kitchen.
Some members of the board said Pure, and by association other nightclubs, are more akin to adult entertainment venues that are zoned C-2 than businesses the county currently defines as C-1 – movie theaters, bowling alleys and golf courses.
Officials say county commissioners might have to look closer at zoning laws that don’t include nightclubs – which have become lightning rods of controversy.
The board decision revokes the nightclub’s certificate of occupancy, which was granted by the county’s Planning & Development Department this fall. Pure has until mid-January to file an appeal with the county Superior Court or it will be forced to close.
Former planning commissioner Don Broussard, who represented the neighborhood associations, said the administration’s granting of the C.O. “doesn’t even pass the laugh test.”
“I don’t think a nightclub with five bars and no kitchen – no cooking facilities – according to its architectural plans, how can that be considered a recreational facility?” he asked the board. “If that’s the case, then an opium den would qualify as a recreational facility. And of course that’s absurd.”
Broussard also argued the club falls way short of its parking requirements under the zoning laws.
Pure’s attorney Alan Begner said the fact that the ZBA didn’t provide written notification to his client they were potentially making a decision on their livelihood, is at the very least “egregious.”
“At it’s worst, it’s a violation of due process,” said Begner, who represents half of the strip clubs in DeKalb. “And it could be unconstitutional.” He said he got involved with Pure “after the neighborhood started acting up.”
“Looks to me like it’s sour grapes over the battle of bar hours debate,” said Begner, who indicated Pure is a restaurant and not a club, and that they do prepare and serve food on the premises. “I’m knocking out their rules if they can make decisions like this without giving us a chance to be there.”
Plus, said Begner, a certificate of occupancy can only be pulled if the building is deemed unsafe. “And that’s clearly not the case here.”
Associate Director of Planning & Development Andrew Baker defended the administrations decision to grant to certificate.
“We have been allowing nightclubs under this definition,” Baker told the board. “Parking is accommodated by the nightclub being open while the other businesses surrounding it are closed.”
Ejeke, through county spokeswoman Kristie Swink, said he was justified in granting Pure its permit, and he wouldn’t have done it if he thought it was a problem.
But ZBA member Bob Lundsten wasn’t convinced, telling Baker he felt the county’s position on this issue is “bizarre.”
“You’re taking the side of the developer over the residents, who clearly don’t want this in their neighborhood,” said Lundsten. “This was truly are arbitrary decision made by a member of the administration.”
Fellow ZBA member Darryl K. Jennings said Lundsten’s take on the issue “is more about personal vendettas against the administration and [planning director] Patrick Ejeke,” who made the decision to grant the permit.
Lundsten fired back that it’s not about his personal feelings but about whether the county will uphold its own laws and whether the people of DeKalb can pursue a quality of life.
“It seems as if the administration just arbitrarily decides what they enforce and what they don’t,” said Lundsten. “Now the residents might have to sue the county to enforce its own laws. What a sad, sorry state of affairs this is. Where’s the logic?”
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