The appeal was filed in Maricopa Superior Court on Monday – the deadline to appeal the decision made by Phoenix’s Board of Adjustment on June 1.
In a 7-0 vote, the board overturned approvals Federales needed to begin development on its proposed home on the northeast corner of Second and Roosevelt streets. Board members cited concerns about parking in the bustling downtown arts and entertainment district, along with questions about how Federales would fit into the neighborhood and the vacant lot where it would reside.
Jack Wilenchik, Federales’ attorney for the appeal, said the city got it right when it initially granted use permits and variances to transition the lot to a restaurant and bar. But, he said, the board was more influenced by the concerns of opponents than specific zoning criteria.
“This is not a popularity contest. It’s about whether or not the requirements for a variance for a use permit are met. Those are very specific requirements and there was no specific evidence presented against it,” Wilenchik said.
He has represented former Sheriff Joe Arpaio and Cyber Ninjas, Inc., the Florida-based tech company that the Arizona Senate hired for its partisan election audit.
Federales is an indoor-outdoor restaurant and bar that started in Chicago and is known for tacos, margaritas and shot glasses made of ice. It sparked concern among Roosevelt Row neighbors for a number of reasons, ranging from its name to the party-like atmosphere observed at other locations in Denver, Dallas and Chicago.
Federales has proposed to build its restaurant and bar on a vacant lot at the northeast corner of Second and Roosevelt streets, which has been used for gatherings for First Fridays, yoga and special events.
Danny Upshaw
‘Unprecedented’ opposition to Federales
Both those for and against Federales called the pushback against the proposed Phoenix location “unprecedented." A total of 25 businesses, six community and merchant groups, three churches and some 300 residents expressed their opposition to Federales through letters and petitions to the Board of Adjustment.“I am left with the impression that the applicant is trying to fit a square peg in a round hole here,” board member Ashley Hill said during the board hearing.
Opponents of the development cited parking concerns during the hearing in June. On-site parking is not part of Federales' design for the lot.
Kimber Lanning, a concerned neighbor who owns Modified Arts and is CEO of Local First Arizona, estimated that Federales would attract an additional 125 cars to the area and shared worries about how lines to enter the space would impact pedestrians.
Snell & Wilmer’s Michael Maerowitz, who represented Federales at the hearing, told the board that the restaurant and bar had a verbal agreement for parking at the Ten-0-One Garage about two blocks away but not a formal commitment. Federales has since secured a parking agreement with the garage, as well as an alternative parking solution, Matt Menna, owner of Federales’ parent group Four Corners, said in an email.
Before the hearing in June, representatives for Federales pointed to several promised updates to the space and announced plans to change the name of the Phoenix location after feedback from residents and business owners in the area.
Residents said that their broader concerns about how the lot would be developed went unheard.
“It felt a lot of it was going through the motions,” said Leah Marché, an executive board member of the Roosevelt Row Community Development Corp., recalling one recent meeting in May with concerned neighbors, Federales parent-company Four Corners and land owner Hubbard Street Group.
Two concerned neighbors, Sean Johnson and Kenny Barrett, appealed the initial decision that allowed Federales to move forward. They, along with the Board of Adjustment, are named in the court appeal.
A representative for the neighbors said they declined to comment. A spokesperson for the city of Phoenix did not immediately respond to a request for comment on Wednesday.
The appeal was assigned to Superior Court Judge Joseph Mikitish.
