City closes San Antonio gallery enmeshed in zoning fight

Since its construction in 1945, the building at 115 Michigan Ave. has housed a woodworking shop, a garage and a chicken coop. It also was home to another art gallery. Since its construction in 1945, the building at 115 Michigan Ave. has housed a woodworking shop, a garage and a chicken coop. It also was home to another art gallery. Photo: John Davenport / San Antonio Express-News Photo: John Davenport / San Antonio Express-News Image 1 of / 6 Caption Close City closes San Antonio gallery enmeshed in zoning fight 1 / 6 Back to Gallery

SAN ANTONIO — When French & Michigan Gallery opened in September, owners hoped the fledgling space would become a part of the growing arts scene in Beacon Hill, a feeling shared by many in the arts community.

The problem is, the building is on a lot not zoned for commercial use and the gallery was operating without a certificate of occupancy.

Earlier this week, the city issued French & Michigan Gallery a notice to cease operations.

“Unfortunately, as of today, French & Michigan can no longer conduct business at 115 Michigan Ave. The city has officially shut down a small business in the middle of its rezoning process,” director Billy Lambert posted on the gallery's Facebook page.

Lambert runs the gallery with partners Celeste Wackenhut and Jeff Dersh, who owns the building.

It shares a space with Lambert's design-build firm, also called French & Michigan. The firm, too, was forced to close, and Lambert said he has eight employees who may be facing layoffs.

Lambert said he and his partners opened the gallery prior to rezoning and without a certificate of occupancy because they believed they had the support of the community and the Beacon Hill Neighborhood Association.

“The neighborhood really loved the idea when we presented it, and they were like, 'Just take this thing slow. We'll get it all taken care of. You're fine,'” Lambert said. “We had a lot of support from people.”

Unfortunately, none of those people was with the city.

As word of the closure spread on social media, District 1 City Councilman Diego Bernal, who represents the area where the gallery is located, received “dozens of calls” both for and against the gallery.

“The contentiousness of the issue has really caught me by surprise,” Bernal said. “I am in the midst of many meetings with folks trying to figure out what's really at the heart of it.

“You'll hear a number of different things — one is parking, one is safety, one is gentrification, one is outsiders coming into the neighborhood, one is that the property has primarily been used for residential purposes and the suggested use is too extreme.”

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French & Michigan

Currently, the gallery building's lot is zoned for residential use. Owners submitted an application for rezoning in October — after they'd already opened. Consequently, the gallery has been operating without a certificate of occupancy — required by the city to operate a business — which couldn't be obtained because of the zoning issue.

The city was alerted to the situation when neighbors called to complain, said Ximena Copa-Wiggins, a spokesperson for the Development Services Department.

The zoning commission is slated to take up the issue next month. Ultimately, the City Council will vote on whether to grant the gallery's request, likely to happen in February at the earliest.

Building owner Dersh purchased the structure with the plan of living there. According to the French & Michigan website, he still plans to live in the building and to retain the art gallery portion.

Artist Rolando Briseño, who has lived in the neighborhood 18 years, is among the gallery's supporters.

“I want the gallery because I want (the area) to be an arts district,” Briseño said.

In October, Clamp Light Studios and Gallery as well as Uptown Studio, both located in a building nearby owned by Briseño, began promoting a Second Friday event. Jump-Start Performance Co. is moving into the area next month.

Jessica Fuentes, 42, however, is part of a small but vocal group who opposes the rezoning. She said her concern is parking and street congestion. The gallery does not have its own parking lot, and visitors must park on the street.

“I'm not opposed to the gallery,” said Fuentes, whose family owns three properties nearby on Russell Street. “It's not about art.”

Constructed in 1945, the Mission Revival-style building has housed several commercial businesses over the years including a woodworking shop, a garage and a chicken coop. It also was home to another art gallery.

In 2001, business partners Ron Garcia and David Garcia opened La Luna Sol Gallery and hosted art exhibits, poetry slams and live music in the space. Ron Garcia, said he does not remember complaints from residents about parking.

“We didn't have that issue back then,” he said. “There's plenty of parking all up along the sides.”

More recently, the building has been used as a residence. In 2005, the city adopted a neighborhood plan for Beacon Hill that defined residential and commercial areas.

On Wednesday, the gallery got some good news. The city planning commission voted unanimously to amend the neighborhood plan so the lot the building sits on is designated for mixed use, a residential zoning that allows for different dwelling units for up to four families. Although that zoning designation still would not allow a gallery, it would get it a step closer to the needed commercial designation.

lsilva@express-news.net