Judge rules against county zoning decision

Bill Gang

Friday, Jan. 15, 1999 | 11:20 a.m.

Clark County has been ordered by a district judge to grant a zoning change for a company that may open a topless bar and nightclub near McCarran International Airport.

Pago Pago Inc. had been rejected by the County Commission when it sought M-1 zoning for the site on Wendy Street, west of Las Vegas Boulevard near Sunset Road, where the Rocky Lee of New York bar-restaurant has been struggling to survive.

But information presented Thursday to District Judge Mark Gibbons says that other land in the area is M-1, including the adjacent property. That zoning is the only one that allows adult entertainment businesses.

The company's attorney, David Gzesh, said a zoning change opening the door to the possibility of late night topless entertainment could promote profitability.

Deputy District Attorney Victor Priebe said that over the years four different businesses have tried and failed at the site just east of I-15 near the Merillat Cabinet facility.

The property had been zoned H-1, which permits hotel development and is the same zoning as along the Strip. In its decision, the County Commission granted a change to M-D, which Priebe said permits manufacturing design businesses but not adult entertainment.

Priebe had argued that the commission was concerned an M-1 rating would have opened the door to businesses such as outside storage and junk yards that are not compatible with the area.

But Gibbons ruled that since the adjoining property had its zoning changed to M-1 in 1996, it is unfair and illegal to deny the Pago Pago Inc. land the same advantage.