The owner of the Aristocrat Pub & Restaurant at 52nd Street and College
Avenue took his fight against a parking variance for the proposed Calle 52 restaurant across the street all the way to the
Indiana Supreme Court, and lost. The court declined on May 3 to hear a challenge to Marion County Superior Court and Indiana
Court of Appeals decisions in favor of the city's Board of Zoning Appeals. Aristocrat owner Rick Rising-Moore sued the
BZA in November 2010 over its decision a month earlier to approve a parking plan for Calle 52 that provided for 21 on-site
spaces, fewer than the 56 required under code. The developers won approval after submitting a valet plan using off-site spaces
and making adjustments to the site plan to ease parking concerns.
In an ironic twist, Rising-Moore is now seeking a parking variance of his own as he rebuilds his restaurant after a fire in August. His own establishment was operating outside the zoning codes he pushed the BZA to enforce against Calle 52. A few of the variances Rising-Moore is seeking from the BZA would allow for: deficient parking for his restaurant operation; landscaping in the right of way; outdoor seating; indoor live entertainment within 100 feet of a protected district; an existing freestanding sign; and a replacement awning and canopy. In his suit against the BZA, he had argued additional cars for Calle 52 would hurt his business and others in the area, and create a public safety hazard. Rising-Moore did not return a phone message Tuesday morning.
Meantime, Rising-Moore is not giving up his fight against Calle 52. He's suing the Indiana Alcohol & Tobacco Commission over its approval of a liquor license for the Latin restaurant, which would take over a long-vacant former Movie Gallery store. If the case doesn't go his way, the developers of Calle 52 expect he will again appeal all the way to the Indiana Supreme Court. The owners of Calle 52 are Nicole Harlan-Oprisu and Tim Oprisu (who also own Old Pro’s Table), Bill and Nancy Ficca and Jamie Browning (the Ficcas and Browning also own Usual Suspects in Broad Ripple). Browning said the group is not giving up and that the building owner, Bill Stoops, is willing to wait to ensure the best use for the property. The plans call for 133 indoor seats and 32 seats on a patio, and a menu featuring ceviche, queso fundido, carne asada and pastel tres leche. An earlier blog post (with 99 comments at last check) is here.
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I don't understand how healthy competition could "hurt his business" as indicated in the story, unless his restaurant has poor quality food and service.
One would think a small business owner would understand how free-market capitalism works and welcome more consumer choice, more exposure to the area, and an increased customer base from which he could also earn new patrons.
It's called community BUILDING. I can't wait to frequent Calle 52.
A fancy new Aristocrat is not enough to get me to spend my money in a morrally bankrupt, hypocrites business.
Rick, you obvioulsy dont give a crap about the development of our neighborhood, why should we give a crap about you?
By developing the vacant lot to suit it's needs, Calle 52 will eliminate Rising-Moore's overflow parking (which, in truth, has served as his own private parking lot for years).
Makes sense to me now. I have chosen to drive to Glendale or Nora instead of fighting the traffic and lack of parking in this area. I still think it's spiteful and wrong to throw up roadblocks for Calle 52, but I see why Rising-Moore would do it.
The city issued the permits for everything and did not look to see if variances needed approval before issuing the permits. Since then, the city has found some of the original paper work. So we trust this will get straightened out.
These issues are being exploited by a few new businesses that seem to have the same political connections. The city often has not been following their own ordinances nor followed state law on the granting of variances and liquor licenses to new businesses. These issues led to Rick's lawsuits.
Many of the new businesses have been asking for a high number of variances. Calle 52 originally asked for two parking spaces for a 165 seat restaurant, then they increased this to maybe 21 yet there is no evidence of where would these parking spaces be.
In the last ten years, the neighborhood has had a parking shortage develop due to the granting of 670 parking space variances to new businesses. We the area residents have to struggle to drive through there and find parking. Something has to be done to stop the madness.
I hope Rick wins. And, yes the food, service, and atmosphere have been excellent.
2.) I am thankful that Rick was able to smell smoke and hear alarms while next door to his building that apparently his tenants had not. By all reports he valiantly awoke and saved his tenants!
3.) I am thankful that even while Rick was spearheading the movement to prevent another restaurant from opening across the street from his establishment, his ardent supporters and attorneys never flinched when it became public that RRM had not had a chance to comply with the zoning restrictions he was so doggedly defending across the way.
5.) I am thankful that now that RRM is rebuilding his space, he is apparently looking to comply with all appropriate zoning laws he previously did not have a chance to.
5.) Finally, I am thankful that RRM had the courage to fight this case all the way to the Indiana Supreme Court, and as a taxpayer and concerned citizen, I am quite disappointed that they chose not to hear the case. What could be more pressing than this???
I am thankful that Rick Rising-Moore is a leader in our community, and you should be too.
Seriously, if you are pursuing "fair and balanced", do yourself a favor and reread the article. As a matter of fact, go to then to the courts.IN.gov website and read the subject matter of the opinions of the issues that are elevated to the state supreme court. You will find that the last 4 opinions posted concerned matters such as : murder, child support, environmental insurance dispute , and issues surrounding benefits for the poor. I wonder if Rising-Moore truly believes that his issue is at that level.
Further, a little research will show you that the BRVA initially opposed the Kilroy's project for the same reason that many people were opposed. It is a wildly held belief that Broad Ripple needs fewer bars offering extreme drink specials, and they need more parking and safety support. There is also no evidence that I have been made aware of that the OPt people (or any other bar owners or that matter) pursued the case any further as it appears that construction is progressing at that spot. If you contrast that with the support of the MKNA for the Calle project and Rick's dogged (and surely $$$) pursuits, doesn't he simply come across as petty?
Rick was using someone else's parking lot. He is not happy that he can't use it anymore. Nor is he happy that his tenants in the property he owns south of the proposed Calle site will no longer be able to park in someone else's lot. If Taste or the SoBro cafe tried to o into that space instead of where they went, you best believe that he would have fought that too.