Lee McKechnie, owner of The Tombstone Trolley Tours and Helldorado Town has had a few hiccups in his plan to open a new vaudeville type outdoor theater.

The proposed Cosmopolitan Theatre would be on Allen Street in between Shady Ladies Closet and The Whistle Stop. McKechnie called the theater the Cosmopolitan because this was the location of the historic Cosmopolitan Hotel.

The location has been a hodgepodge of businesses but more recently it has been vacant said McKechnie. "Tombstone needs
a building there."

If plans are approved for construction McKechnie plans for the theater to be similar to the Gaslight Theater in Tucson. "A little bit like the Birdcage Theatre had been in its day," said McKechnie.

There is a lot of gun fighting shows in Tombstone, but not a lot of vaudeville he said. The Cosmopolitan Theater will feature song, dance and comedy acts. It will be geared toward families.

McKechnie hopes to employ local talent, which he thinks will stimulate Tombstone's economy.

He also plans to cater food and drinks into the theater from Big Nose Kate's Saloon.

However grand McKechnie's plan may be he has hit some bumps in the road.The major bump in the road is the city's Historical District Commission that regulates construction within the historic district.

The HDC ensures that the aesthetics of a building meets the historical code.

The historic district zone includes the location on Allen Street where McKechnie plans to build the theater. This places extra codes concerning the plans that the proposed theater must comply with.

Historically, Tombstone is famous for its years during 1878 through 1930 said Steve Troncale, city councilman and HDC member. "We try to keep that 1880s flavor."

McKechnie applied to build the Cosmopolitan Theater about a month ago and based on his preliminary drawings of the plan the HDC denied his request because it did not comply with code, said Troncale.

"Whether or not it meets any aesthetic requirements is really a non issue," said Troncale.

The historic district ordinances specifically states that business
cannot be conducted out of a temporary structure.

The ordinance Troncale is referring to is code 10-20 that states, "The following uses shall be conducted wholly within a completely enclosed building unless otherwise specified and any use operating as a store, shop or business shall be a retail establishment and all products produced on the premises shall be sold at retail on the premises."

Theaters are listed as one of the uses in 10-20 that have to be completely enclosed with the exception of a drive-in or outdoor theater.

However, McKechnie's theater qualifies as a retail business because he is putting on a show for entertainment and selling products in a gift shop, said Troncale.

Therefore, the Cosmopolitan Theater has to have a wholly enclosed area to pass code in the HDC. "Enclosed" is defined as four walls and a roof, said Randall Bays, Tombstone's city attorney.

McKechnie has since altered his plans for the theater so that business will be done in an enclosed, permanent structure with a foundation, four walls and a ceiling. "Therefore we are complying," he said.

"Tombstone is a beautiful, 1880s type of western town and the HDC has done a great job keeping it that way," said McKechnie.

He doesn't plan to give up on his plan for the Cosmopolitan Hotel and hopes that his building can be the next great historic addition to the Tombstone boardwalk.

McKechnie will resubmit his application to build the Cosmopolitan Theater with the changes to the plan for the next HDC meeting.

"If he can provide a permanent structure then we could make a
judgment based on the aesthetic qualities of it," said Troncale.

The Historic District Commission's next meeting, when McKechnie will apply again, is Thursday, March 17.