‘Do Not Occupy’ posted on buildings at Railgarten
Building code officials on Thursday shut down most of the new Railgarten entertainment complex.
"We've got a lot of unanswered questions there to get to the bottom of,'' Building Official Allen Medlock said several hours after his inspectors posted "Do Not Occupy'' signs at 2166 and 2164 Central.
Those addresses include the PingPong bar, which lacks plumbing, mechanical and building inspections, and a middle, rear structure for which inspectors have yet to approve use and occupancy, Medlock said.
"We want to make sure all inspections are completed before they open to the public,'' he said.
The only part of the complex that has been approved by codes officials is 2154 Central, which houses an ice cream parlor and restaurant.
Railgarten opened recently near the northeast corner of Central and Cooper. Often compared to Downtown's Loflin Yard, Railgarten's campus-like setting offers the restaurant with ice cream shop, the building next door that has a bar, live music and table tennis, a building behind that houses a smaller cocktail bar, and a family-oriented outside area with a lawn, picnic tables, volleyball and other outdoor games like corn hole.
The owners — who have included some publicity shy investors — have also run into issues with zoning codes and with neighboring businesses concerned that Railgarten patrons are overwhelming available parking in the area.
In the back lawn, Railgarten installed metal, intermodal cargo containers. It appears the containers, which have been stacked and cut open in ways to use for occupancy, are part of the development. That would violate zoning. But Railgarten's land planner told The Commercial Appeal last month the containers were not intended to be permanent "at this time.''
The Board of Adjustment is to consider granting a variance for the containers on April 26.
"They cut a side out of one and put seating in and are leaving a side for a back wall and top,'' Medlock said. "We haven't determined if the containers are safe...
"When you start putting people and a bar in there and you cut half of the end of it out and have to climb over half of it where the bar is, that's not good,'' he said. "We're going to take a close look at it and try to get into compliance hopefully in the next few weeks.''
Even the back lawn should not be occupied, said Medlock, who expressed concerns about the stability of structures like a riser.
"I want everything checked thoroughly before we let people roam through there,'' he said.
Even the shortage of parking may be an issue, he said. "There's all kinds of issues. Everything has to be sorted out. We've got a few calls here ourselves today from (other businesses) around there.''
A call to Taylor Berger, a representative for the ownership group, had not been returned by the time this story was posted.
But several media outlets earlier Thursday published a media statement attributed to Railgarten that addresses the shipping containers and parking, but not Thursday's action by codes officials.
Railgarten's message states: "There has been some confusion regarding the use of shipping containers, which we feel is an important part of the overall design aesthetic of Railgarten. The containers reinforce the physical connection to the neighboring rail line, importance of transportation to the neighborhood, and offer outlets for local visual and musical artists.
"Our legal counsel and land use consultant advised us the land is zoned for light industrial use; one of the few zoning categories where the use of shipping containers and outdoor entertainment is allowed by right. This zoning was primary in our consideration and selection of the Railgarten site.
"Recently, the Office of Planning and Development (OPD) informed us of their differing interpretation of the Unified Development Code. At the request of the OPD, on April 26 we are appearing before the Board of Adjustment to memorialize our use of the shipping containers and the outdoor space along the railroad tracks at the rear of the Railgarten property.''
Regarding the customer parking issue, the message states: "Railgarten is excited to contribute to the ongoing revitalization of the Cooper Young neighborhood with the addition of a great space for locals and visitors alike to meet and socialize. Following the overwhelming turnout of our opening weekend we simply had more customers than available parking. We’re working with area businesses to lease additional parking lots and have contracted a private security company to assure our visitors are safe and the neighborhood clean. Additionally, we’re encouraging customers to utilize public transportation, bikes, and ride sharing services such as Uber or Lyft.
"With the revitalization of any area come growing pains, but we believe in the long run, the benefits we’re bringing to the neighborhood will surpass these temporary hurdles."