By Susan Dickson
Staff Writer
While one owner of the Johnny’s property says she plans to reopen the business, another is saying the business isn’t hers to reopen – and that zoning issues could prevent her from doing so.
“I own the store,†Brian Plaster said. “That whole thing with Johnny’s is all mine.â€
Plaster said property co-owner Jan Halle helped him get the loan to purchase the 901 W. Main St. property, and that she owns 69 percent of the property – not the business.
“She has nothing to do with the business,†he said. “I’m the one that created the business for what it is.â€
The local store, coffee shop, music venue and community gathering place closed on June 23 and has yet to reopen. Plaster and Halle parted ways in mid-June, and Halle has said she plans to reopen Johnny’s “bigger than it was, with the same community flavor,†by September.
Halle said several potential business partners have made proposals regarding the business.
Last week, Carrboro Greenspace members hosted a potluck at Johnny’s for the community to come together to propose ideas for the space, and most of those in attendance said they would like to see Johnny’s reopened as the same business it was prior to closing.
But according to Plaster, that might not be so easy. He said he closed the business because he ran into issues with noise ordinances and parking as Johnny’s became a popular gathering spot.
“That’s why we stopped having live music,†he said. “We kept getting in trouble with the police.â€
Plaster was also worried that someone would get hurt crossing West Main Street, and said he knew of multiple accidents involving Johnny’s customers.
He said that while the business was “slamming busy,†he ran into zoning issues as the business morphed from a retail shop into more of a coffee shop and bar.
“We were serving coffee and we had beer on tap,†he said, adding that the property wasn’t zoned as a music venue or bar.
“I don’t believe the town would even give anyone a business permit todo what I was doing. … It just needs to simply be a commercial space.â€
Trish McGuire, planning director with the Town of Carrboro, said the property is zoned residential, but that Johnny’s had been permitted to continue operating there.
“The business that was operating there for many years was a legally non-conforming business,†she said. “That’s something that Brian worked through in communication with zoning.â€
The Johnny’s that occupied the space for many years – a bait and tackle shop – was at one time in line with the zoning for the property, but the zoning changed to residential a number of years ago, McGuire said.
Because the business predated the zoning change, it was allowed to continue operating with previously approved uses under provisions of the zoning ordinance.
If the business doesn’t close for more than 12 months, then the legal nonconformity continues, McGuire said.
However, a different type of business might not be allowed to operate in the space, she said.
“Things are a matter of degree, and you have to evaluate them,†she said. “There’s not a hard-and-fast answer there.â€
But, she added, “There is a point beyond which a business wouldn’t be considered.†A bar is not one of the legal, non-conforming uses for the property, she said.
According to McGuire, the town had received multiple comments from concerned residents regarding Johnny’s.
Plaster said that because of all the complaints and issues, he had hoped to sell the property and business, and that a local business had made an offer, but that Halle backed out of the deal.
“If [Halle] wants to own it and continue without me as a partner, then she has to buy me out,†he said. “I’ve worked very hard to make Johnny’s what it is.â€
“She just told me that she wasn’t going to pay me for the business,†Plaster added. “At this point, my attorney is handling it.â€
Halle could not be reached for comment.
Brian may have a point regarding the name of the business… “Johnny’s,” but if he left, she has every right to have the building reopen under a new name, even if the business is nearly identical.
Interesting issue…