Plaza Square Realty — owner of Plaza Square Apartments in New Albany — is appealing the city’s determination that Jack’s is lawfully permitted at its current 3308 Plaza Drive location.

The complex is located behind Jack’s, and Plaza Square Realty is claiming there are problems with noise and Jack’s customers parking at the apartment complex illegally.

Jack Langness, owner of Jack’s, said he’d been approached by Plaza Square management in the past but believed the business was properly zoned.

Scott Wood, assistant director of planning for New Albany, ruled previously Jack’s is permitted in the C-3, regional shopping center district by-right.

It comes down to a classification of what type of business Jack’s is defined as.

Night clubs and dance halls are permitted in the C-3 district by-right. Bars, taverns and saloons are allowed in the district by special exception. Plaza Square Reality “didn’t like my ruling that Jack’s was a night club,” Wood said.

The center where Jack’s is located was built in the 1960s, and Wood said a zoning judgment was probably never issued concerning Jack’s when it opened there about 20 years ago, which was before Wood was employed by the city.

Langness claimed no knowledge of why Plaza Square Reality would be upset with Jack’s.

“I don’t see where there’s any validity to it. Seems like they’re mad about something I guess, I don’t know what it would be,” he said.

Keith Pullium, a New Albany attorney representing Plaza Square Reality, said it’s perplexing how Jack’s could be considered anything but a bar since its primary purpose is to sell beer and liquor by the drink, and that it doesn’t allow under age 21 customers inside like a dance hall or club.

He said the focus of dance halls and clubs is music, which he doesn’t feel is the case at Jack’s.

Pullium will challenge Wood’s ruling during the Board of Zoning Appeals meeting at 7 p.m. Tuesday.

“I completely disagree with the assessment,” he said.

But Pullium said his clients are not interested in shutting Jack’s down — they just want the establishment to adhere to rules that would be required of a special exemption recipient.

If parking issues are addressed and buffering is accomplished to drown out the noise, Pullium said “I don’t think you’ll have the same problems.”

Pullium said he will refer during the zoning meeting to an article published in The Tribune last December that detailed the refurbishment of Jack’s.

In the article, Langness described the sports bar scene the business was striving to accomplish by purchasing the former You-A-Carry Outa location that was adjacent to Jack’s.

“I think New Albany needs a nice, neighborhood bar,” Langness told The Tribune at the time.

Langness said Wednesday the timing of the appeal seems strange.

“How could you have a business for 20 years without the zoning being all right,” he asked.



Moser Tannery variance requested

A land use variance is also being requested Tuesday at the former Moser Tannery location at 2100 E. Main St. in order to place an assisted living facility on 54 acres at the property.

The plan would call for the utilization of the existing Moser Tannery building along with the construction of a new structure. The buildings would allow for connectivity with the Loop Island wetlands that are adjacent to the Moser Tannery property owned by Al Goodman.

The variance is needed in order to permit the assisted living facility in a light industrial district.