Wednesday, July 1, 2009

PLANNERS DEEP-SIX PAWN SHOP USE

Despite claims that he plans to operate an upscale business in a community that already boasts many residents whom he claims patronize the business he operates in North Riverside, Andrew Grayson may not likely be allowed to open a pawn shop in downtown La Grange.

The Plan Commission, in a well-attended meeting June 29, voted unanimously to recommend for Village Board approval that pawn shops and a laundry list of other uses be prohibited in the central business district -- a move supported by village staff and answering the calls of business leaders and residents ever since news broke a month ago of the proposed All-Star Jewelry & Loan at 71 S. La Grange Road.

The proposed business owner, Andrew Grayson of Berwyn, already sought and was granted a business license by the Community Development Department -- the same department that turned around and recommended the zoning code be altered to ban such businesses as permitted uses.

However, even after blistering testimony from both commissioners, residents and one key business leader and a clear 7-0 vote against his life's investment, Grayson was unmoved in his resolve to do as he has planned.

Although he initially declined to speak to reporters after the meeting, when asked what he believed the impact the resounding vote might mean to his business, Grayson replied: "I don't see how it affects me."

Village Attorney Mark Burkland said that remains to be seen, as it is now up to the Village Board to take final action on the recommendations and decide if and how to deal with Grayson. The board plans to discuss the issue at 7:30 p.m. Monday, July 13.

After Grayson told the panel his version of events since first deciding to go into business on his own, he vigorously .defended his right to operate despite people's faulty perceptions.

"While I understand some people's perceptions of a pawn shop ... my pawn shop isn't going to be anything like that," he testified, with his wife, stepson and other relatives looking on. "I was duped into pursuing a license in La Grange (and) it's too late to change my business plan ... I have invested more than I can afford to lose in this business."

He tried to explain how rare it is to actually come across stolen items, noting his relationship with other police departments -- whom he has to report all pawned items to under Illinois law -- is impeccable.

"I'm just a guy trying to pursue his business (dream) and I'm being unfairly discriminated against," he said. "I look forward to being a proud business owner in La Grange."

However, the roughest testimony against Grayson's best intentions came from a lawyer on the commission, La Grange Business Association Chairman Michael La Pidus and a former Cook County prosecutor.

"There is no such thing as a bucolic, safe pawn shop. They are toxic by nature," said Ashland Avenue resident Thomas Epoch, the former criminal prosecutor and top assistant to a former Chicago police superintendent. "They (cater to) people on the down and out and (if allowed) it will be as if La Grange put in a store to sell paint then it decided to sell (now illegal) lead paint."

La Pidus, whose sandwich shop is located across the street from the long-vacant storefront, said his organization's opposition is supported by "hundreds" of other concerned residents,. business and property owners and "has nothing to do" with Grayson or "an impeachment" of his character.

"This issue has to do with the nature of the business he wants to open up," he said, referring his the efforts of he and others to spruce up the downtown from the virtual ghost town it was 20 years ago to the thriving upscale environment it has become. "We're trying to preserve that progress and grow that. Unfortunately, a pawn shop does not lend well to continuing that."

Self-proclaimed private property rights resident advocate David Beyer said a pawn shop would affect the "perception" of those who pass through the downtown in a negative way -- and actually offered to start a fund to help Grayson recover some of his lost investment if he takes his business elsewhere.

"They're just going the sign that says 'pawn shop' ... (but) this is not what we want in La Grange," said Beyer, even though Grayson vowed those words will not appear anywhere on his doors or windows. "I don't want a pawn shop in town and I'd be more than happy to contribute to a fund to help (Grayson) recover that investment."

Few other commissioners even raised an eyebrow before voting on the ban -- to be heard by the Village Board on Monday, July 13 -- but member Jeff Nowak clearly had his mind made up early on.

After challenging Grayson to explain just how he plans to conduct business and transactions, Nowak dealt him a blow to any chance of success for Grayson.

"The village of La Grange has made great strides in the past several decades to make this a Main Street U.S. A. and look how far the village has come," he said, calling on colleagues to endorse the staff recommendations concerning pawn shops and other uses because this is no close call.

"I simply can't support the existence of a pawn shop in our community ... and I simply can't buy into the notion a pawn shop would complement our business district," he said. "In my opinion it would be detrimental."

He further said the fact pawn shops are so regulated by the state legislature tends to "open up the market to illegally obtained items" which may be turned in for cash in La Grange.

Burkland, who specified that uses such as consignment and resale shops -- which are not regulated as such -- are an entirely different use in the zoning classification manual used by La Grange. Other recommended deletions from permitted uses would be used building materials and swimming pool stores.

Commission Chairman Stephen Randolph speculated afterward while there was no legal basis for his opinion, the village could just let the business open and operate then deny renewal of the license when it comes up for renewal.

However, the business still needs to meet building and fire codes, pass a law enforcement background check and be granted an occupancy permit before it can even open its doors.

Landlord John Brannen has been unavailable for comment.

1 comment:

Timaeus said...

Once again I am underwhelmed and ashamed by Village Hall and its cast, save Mike Horvath and Jim Palermo. Where else can you have your rights, as a property owner and business owner, trampled? What happened to the rule of law?

Mr. Grayson has an excellent cause of action and I pray he follows through. He did all the right things. He wants to operate a business clearly allowed under local ordinance and is even issued a business license to do so. But wait...

Enter the LaGrange Business Association and Mike Lapidus, its president. The LGBA believes it is their responsibility to protect and encourage businesses in the area. Unfortunately for Mr. Grayson this does not include his business and once word of his plans got out Mr. Lapidus got his knickers in a knot.

The Hollywood video store sat empty for an extended period of time. Did anybody in the LGBA ever give any thought as to who or what type of business might occupy the space? Apparently not. At least not until Mr. Grayson got his license.

Now, it's one thing to change the allowed uses before a license is issued but quite another to do it retroactively, after the license has been issued. That's just plain unfair, unethical, and illegal.

If it helps, just remember this decision has been brought to you by some of the same folks who believe it's okay to lie in an application for Federal funds for the "Not Commuter" parking garage behind Village Hall.

At the very least the Village owes Mr. Grayson whatever he might have earned by opening his store, and they also owe the building owner the value of the lease signed by Mr. Grayson. Or, they can issue the needed building permit and allow Mr. Grayson's store to open.

The only knuckleheads here are those who think what happened is good.