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September 19, 2016

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Good explanation and points. The people complaining have lived next to a commercial zone for years. Only recently, with bar expansion to outdoor courtyards, have these people been bothered by the noise even though the sound does not exceed legal noise limits.

What about this location did the residents not get? Move next to railroad tracks, hear trains. Move next to a bar, hear music and put up with drunks. Move next to an elementary school, have parents' cars blocking your road. Move next to a high school or college, have students' cars parked on the streets.

The larger issue is that the City's "smart growth" policy actually sets up such conflicts. Mixed use - commercial smack dab next to residential - is at the core of smart growth.

The irony is that smart growth poster child, Jim Tolbert, finds himself in the middle of the conflict. Shakespeare would say Tolbert is hoist on his own petard.

Zoning rules are supposed to prevent this from happening - bars next to residential housing! Would hate having a bar next to my house.

The person leading the noise complaint lives in an old movie theater. Hardly the usual residential housing. Seems to me you give up complaining rights when you chose to live in a commercial area.

That is a super old neighborhood - who knows what zoning is in place and how long its been that way. Say its C-4 commercial that opens up a lot of uses - including topless bars per se. So the NIMBY people should just buy the property and close it down. Blame it on Susie Byrd - she wanted infill and revitalize old commercial areas in downtown and her neighborhood - so there you go. The city won't have near the leverage they had against 3 Legged Monkey - it was airport property they were leasing. As a taxpayer I am not in the mood to pay someone to go away because a lady living in an old movie theater can't sleep at night.

And Susie Byrd's protege, Jim Tolbert, gets a fine mess. Irony and justice at the same time.

I suspect the old movie theater is not zoned for someone to live there. Someone should go after this lady so she has to move. Problem solved.

"... or with the guys who could give him huge campaign donations (the bar owners)."

By the way, David, I doubt a bar owner in El Paso has given any campaign more than $200. The large donations you speak of are more likely to come from developers (as in Woody Hunt's $2000 to Tolbert), or quarry owners (as in Stanley Jobe's $500 to Tolbert), or public service unions (such as the $1500 the El Paso Association of fire Fighters gave Tolbert $1500).

You 'lil buddy Tolbert already took sides on this issue even before the election. He didn't even talk with business owners before he came out on the side of the lady who lives in the old theater.

A bar/restaurant just opened down the hill from me, an "Italian steak house" and it seems to be doing well each night. I would not have predicted it.

It is in that "new urbanism" development on Escondido across from Riviera school. Every school should have a bar across the street :) So, I get some direct experience of this issue and will report back but so far no problemo. I haven't seen any 3rd graders going in there yet. In fact, I look forward to trying out the place myself as soon as my SS check arrives.

Poor Jim Tolbert. Now, he might have to do more than just be angry. If he sides with the lady in the movie theater apartment, I will write him off as a loser. Oh, wait... I've already done that.

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