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Campus
Fraternity may not have a house
By Heather Clarke
Summer On-line Forty-Niner
Phi Kappa Tau at
Cal State Long Beach must attend a hearing Sept. 5 before
the Planning Commission of Long Beach to determine if the
fraternity may keep its house.
According to Robert Bernard, zoning administrator for the
City of Long Beach, Phi Kappa Tau owns property at 3841
East Broadway, which the fraternity purchased before
property zoning laws were changed in the late 1970s.
Bernard said the zoning code in that area changed from C-3,
which is a broadly defined commercial zone, to R-1-N,
which is a very restrictive residential zone.
Bernard further explained fraternity houses are not allowed
in R-1-N zones, but because Phi Kappa Tau purchased
the property before the zoning changed they had “nonconforming
rights” and were able to use the building as their official
fraternity house.
The legal dispute over the fraternity’s property began when
the Phi Kappa Tau chapter at CSULB was suspended by its national
headquarters for failing to pay dues in January 1997. In fall
of 1999 Phi Kappa Tau’s suspension ended.
Bernard said the Phi Kappa Tau chapter at CSULB was suspended
and classified as inactive for a period longer than a year,
which ends the fraternity’s right to keep the location as
a fraternity house under nonconforming use.
Long Beach Municipal Code section 21.27.050 states that all
rights to a nonconforming use are lost if the use is abandoned
for 12 months. Bernard said that during the time of
the fraternity’s suspension they lost their nonconforming
rights.
He also explained that in the 1970s and 1980s the city changed
its whole zoning code. These codes were changed possibly because
of community desires to change their neighborhoods, and the
legal matters were initiated through neighbors of the fraternity’s
house, Bernard said.
Bernard made the decision that the legal nonconforming use
had been lost by Phi Kappa Tau and that they may not use it
as an official fraternity house
on April 4, 2002, after the first hearing on March 27.
However, Phi Kappa Tau appealed this decision stating that
they never gave up their nonconforming rights because they
were always recognized by the university as an organization.
The appeal will be heard by the Planning Commission at the
upcoming Sept. 5 hearing.
According to Bernard, this decision means that the fraternity
would not be able to conduct meetings in the house nor display
its letters on the house. It could only be used it as a residence.
Douglas Davert, Phi Kappa Tau’s lawyer, stated in the appeal
that the fraternity was recognized by the university at all
times. The appeal also stated that the house was never abandoned
by Phi Kappa Tau as their fraternity house because its members
and fraternity memorabilia were present at all times in the
residence during the period of suspension.
Davert included statements in the appeal from university officials,
which back up the fraternity’s claim that they were
always recognized as a “chapter of a regularly organized fraternity”
as the municipal code requires.
One of the aforementioned university officials is Jeane Caveness,
director of Student Life and Development
at CSULB.
“I have verified in writing that they were recognized by the
university. If that’s the point, they should keep the house,”
Caveness said.
Davert said the university has been very supportive of Phi
Kappa Tau. He feels that if the fraternity is not allowed
to keep the house it would be the end of the fraternity
at CSULB. Davert also said they probably would not be able
to find another location for a fraternity house in Long Beach.
“The City of Long Beach is doing all it can to get rid of
all fraternity houses,” Davert said.
“I can say that we wish them well during this process and
we’re anxious to hear what the out come will be,” Caveness
said.
Caveness said Phi Kappa Tau has been involved in the legal
process for at least a year.
Bernard said the hearing scheduled for Sept. 5 would be the
final city action if the commission does make a decision.
He also said if any party wants to pursue the case further,
it would become a civil matter.
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