Despite the St. Charles Parish Council’s assurances that zoning laws will be enforced with Hoover Tree Experts in Boutte, those neighboring the location question whether that’s possible after years of complaints saying otherwise.
“We have been denied our rights under the law and are not satisfied with the findings of the St. Charles Parish Council and recognize we, as well as all other residents of St. Charles Parish, are not protected by the written and voted upon zoning ordinances,” said Greg Cellos, whose property neighbors the site.
Both Cellos and his wife, Phoebe, addressed council members twice to oppose granting the business, owned by TuJack Hoover, a request to rezone the 21.7-acre site on Old Spanish Trail.
The property was rezoned from C-3 to M-1, which Planning Director Michael Albert said transfers it from highest commercial use to the lowest intensity industrial use allowing agricultural activities and open storage of vehicles, as well as use of a fleet of vehicles on the property, which was desired by Hoover. Albert said M-1 also better fits Hoover’s business, which is tree removal and disposal that has been in operation since 2003.
Hoover maintained he’d been trying to improve the location until a cease and desist order was placed on the property. He also cited issues with contradictory directions from the parish’s Planning and Zoning Department in his attempts to comply.
Council members Wendy Benedetto and Mary Tastet both cited concerns about recent photographs showing derelict vehicles in overgrown wooded areas and rusting equipment. Benedetto asked what Hoover had been doing about the location, saying the photographs were “terrible,” and Tastet said it appeared the situation was worsening.
The council supported the rezoning request, particularly since Hoover Tree was a longtime business, but Councilman Paul Hogan said the location would be “under a microscope” to ensure zoning regulations are enforced.
Albert said Cellos and his wife’s complaint is the only active one on the property, but it initiated a series of inspections by the planning department. The continual, illegal burning (not allowed within 1,000 feet of a residential property) cited by Cellos was shutdown by the Sheriff’s Office. He added the dumping complaint also was resolved.
Cellos disagreed.
“Repeatedly during both Council meetings we submitted evidence of Mr. Hoover’s continued zoning violations through the years documented by residential complaints, Fire Department and LADEQ violations,” he said. “Yet, this fell on deaf ears. We have also been advised by Zoning Director Michael Albert that Mr. Hoover’s M-1 Light manufacturing and industry classification allows him to use heavy equipment such as bulldozers. Clearly, we no longer have protection as promised for our residence under our zoning ordinances as the intent of the law is now left to loose and arbitrary interpretation.”
Albert said efforts will continue to bring the location into compliance.
But Cellos said they still oppose the zoning change, as did the Planning and Zoning Department and Planning Commission that both recommended rejecting the request.
“Parish zoning ordinances were voted on by the people and written into law to equitably protect the rights and expectations of all property owners,” Cellos said. “The Parish Council has since voted itself the power to circumvent the people’s will and override the expert findings of the dedicated Planning and Zoning Department and Planning Commission. The parish, as in our situation, now finds itself exposed to subjective and political influences. This situation lends itself to appearances of impropriety by our council.”
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