Board denies permit renewals for bench advertising

The Board of Adjustment voted to uphold the decision of Forrest Mooney, town building inspector, to deny permit renewals for its bench signs made by Paul and Melanie Kadair on behalf of their company Berachah Inc.
The Kadairs and their attorneys had also requested the St. Francisville Board of Aldermen and the mayor grant them a variance and allow their benches with advertising on them to remain in town. The Kadairs maintain they have adhered to all ordinance and zoning requirements, and their benches are in compliance with the latest comprehensive zoning ordinance adopted January of 2013 and effective April of the same year.
At the beginning of the April 24 hearing, Dan Klein, Jr. was elected chairman of the board. Members present were Nick Smith, Paul J. Martin, and E.R. “Butch” Jones. Wayne Hilliard was absent. Klein said this was their first meeting as a board since the new zoning ordinance had taken effect. He said the board was supposed to receive four hours of training but had received just two from Villavaso and Associates, a law firm the town had engaged to write its comprehensive zoning ordinance.
The Kadairs were represented by two attorneys John Brumfield and Randy Wells. The board of aldermen had engaged Richard Atkinson to represent the town in this matter instead of its Jesse L. Means, its regular town attorney.
The attorneys and others interested in addressing the board were given eight minutes each. The attorneys spent their time presenting their understanding of the matter, and citing various state laws as well as prior town ordinances.
Melanie Kadair became emotional when she told the board their decision would affect their livelihood. We have tried to do everything you all have wanted, she said. Paul Kadair told the board they had met with the mayor and various town representatives and the mayor told them their benches were in compliance.
Paul Kadair said he felt his business was being singled out where there were other businesses in town whose signs were not in compliance, one way or another, with the new ordinance. He said he had leases from the landowners for the spots where the signs were located and they were not on any public right-of-way.
He said his business was advertising other people’s businesses and he leased the spots where the signs were. He noted that many businesses lease the premises where they operate, and they have signs on their businesses premises.
E.R. “Butch” Jones asked Kadair if he has signed leases for every place where he has benches. “Do you have leases?”
Kadiar said he had cancelled checks with notations that the money was being paid for leasing a spot on the owners’ properties. He said many of his agreements went back for years and were “done on a handshake.”
Jones countered he believed that doing business on a handshake was not acceptable and wasn’t proof that a lease existed.
Klein said things had come to a terrible pass if people could not accept the idea that it was fine to be able to do business with a handshake.
Kadiar said he believed it was acceptable to do business on a handshake and to rely on people’s word as being good. He again noted the mayor had told him he believed the Kadairs were “okay” with the benches they still had in place, after removing those in the historic district.
Alderman Robert “Bobbie” Leake, Jr. said the mayor’s statements should not be relied upon because he tells one person one thing, and another person something else. The mayor tells people what they want to hear, he added. Bobbie Leake said he would not rely on “anything” the mayor said.
Aldermen James Rucker Leake, Jr. and Abby Temple Cochran also attended the hearing as did Main Street Director Laurie Walsh, but they did not speak. Town Attorney Jesse L. Means also attended the hearing. He told the board to rule only on whether or not Mooney acted correctly in refusing to renew the Kadairs’ permits.
Klein said the board was not making its decision lightly and realized this was affecting the Kadairs financially and was affecting their ability to operate a business in town.