City, FUSD create inconvenient reality for McLane convenience store owner

REVERSAL OF FORTUNE

Gurvinder Ghuman picked a bad time and place to get taken.

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That’s not my opinion. He acknowledged as much to the Planning Commission on Jan. 6.

As he and Poeschel told the commissioners, Ghuman several years ago wanted to buy a convenience store in Fresno. He decided to become a franchisee for the parent company of Quick Mart.

The name explains the business model.

The initial investment was in the $250,000 range. Ghuman paid about half up front, the rest to come over the next 10 years. Ghuman was to get a new store and all the branding goodies that come with a reputable franchise.

He also was assured that getting a state liquor license – Type 20, authorizing the sale of beer and wine for consumption off the premises – would be a slam dunk.

Then everything went wrong.

For starters, the store’s site was right next to McLane High. City Hall has never been keen on liquor sales (even if it’s not the hard stuff) next to schools and churches.

On top of that, Mayor Ashley Swearengin was in the midst of a general plan update that puts a premium on stable neighborhoods. Granted, Ghuman’s store is in the city while most of the nearby houses are in the county. But when it comes to quality of life decisions, city officials have been known to view that distinction as making little difference.

Ghuman sought a conditional use permit from City Hall – CUP, in bureaucratic lingo. This wouldn’t be the sole hurdle to getting the Type 20 liquor license. But it could very well be the main hurdle.

The CUP would place special conditions – rules, if you will – on the store’s operations. Violate the conditions, and City Hall could (at the extreme) revoke the CUP. No CUP, no alcohol sales.

City officials saw how close the store is to McLane, and balked. Ghuman didn’t get his CUP. That’s when he called Poeschel.

Poeschel isn’t the only development/land-use consultant in town, but he’s among the best. Every City Hall reporter of diligence has seen him in action at council meetings.

In an ideal democracy, any John or Jan Doe could walk into City Hall cold turkey, apply for a CUP, and jump through all the bureaucratic hoops without a worry. But land-use procedure, policy and politics are complex.

This is especially so as things reach the public hearing stage, whether before planning commissioners or City Council members. Decision-makers have a way of asking tough questions before voting.

Poeschel was Ghuman’s insider.

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