By Doug Porter
Residents in North Park have called for a rally this afternoon at 5pm to protest the continuing denigration of their neighborhood by Gag-in-the-Bag, aka Jack in the Box, at 30th & Upas Streets.
After the company violated the terms of a construction permit for renovation of its fast food restaurant at the location, the Mayor’s office intervened and called upon the City Attorney to issue a stop work order.
From a letter to the group by City chief of staff Lee Burdick:
The more we look into the processing of this application, the more frustrating it is for us and, I am sure, for you and your neighbors. The Mayor directed the issuance of a stop-work order on this project precisely because the City Attorney had opined that the process used to issue the permits was inconsistent with the City’s Land Development Code (“LDC”). However, under the LDC, a stop-work order must be approved by the City Attorney’s Office (“CAO”) before it can issue. After the Development Service Department forwarded the Mayor’s request for a stop-work order to the CAO for review and approval, the City Attorney advised that Jack-in-the-box was too far along in the construction, the company would likely sue the City if we stopped the development, and they very well might win. Consequently, the stop-work order was not issued and, as you noted, the construction has moved on.
I have explained to representatives of Jack in the Box that the community concerns continue and invited them to a meeting with community representatives to see if we could not achieve some sort of informal resolution. They have declined.
… as frustrating as I find this, there is simply nothing else the Mayor’s Office can do at this point. I know the community will be disappointed by this news, and I wish I could change it.
For more information visit the Do The Right Thing Jack Facebook page.