Civil War Timeline.

VILLAGE OF CHAGRIN FALLS
BOARD OF ZONING APPEALS
April 26, 2011

Members present: Fricke, Boehringer, Williams, Loomis
Also present: Schaltenbrand, Edwards

The meeting was called to order at 8:00 p.m. by Chairman Wade Fricke.

APPROVAL OF MINUTES

Moved by Mr. Williams, seconded by Mr. Boehringer that the minutes of the meeting held February 22, 2011 be approved. The motion carried unanimously.

SWEARING OF WITNESSES

All were sworn in.

CARL VESSEL, 79 WEST STREET - REQUEST FOR A VARIANCE TO SECTION 1138.05(a) , DETAILED REGULATIONS BY TYPE OF ESTABLISHMENT, PERMANENT PARCEL NO. 932-06-051.

Mr. Edwards said this is a variance for outdoor seating to the front of the business and it is an encroachment to the front yard setback.

Mr. Fricke asked, as it currently sits the building itself is in the front yard setback? Mr. Edwards said correct.

Tom Lutz said what we want to do is have sidewalk seating in front of the West End Bistro. I could have gone that route of applying for seating on the sidewalk but that would kind of not provide a lot of access, very much similar to what was done in the main business district. This is really just putting in a patio to allow probably 4 tables in the front of the building just to have a presence on the street.

Mr. Fricke asked, so the plan would be four tables with four or five people per table? Mr. Lutz said probably. Mr. Fricke asked, and this would be brick? Mr. Lutz said yes. Mr. Fricke asked, will there be a fence around the property? Mr. Lutz said no, but that is something I may be required to do by the liquor department. The sidewalk issue, when you allow seating on the sidewalk technically that should be behind a fenced in area and on Main Street that is not the case.

Mr. Williams asked, if you want to serve alcohol you’ve got to have a fence that separates the eating area from the actual public sidewalk? Mr. Lutz said that is basically the flaw in the sidewalk ordinance with an establishment that is able to serve alcohol. Mr. Fricke said Yours Truly can’t and the other ones are on the side lot? Is there anyone else that is on the sidewalk who is serving alcohol? Mr. Lutz said I think Joey’s, also Yours Truly serves alcohol. Mr. Edwards said that is more of a policing matter. Mr. Fricke said they are not supposed to. Mrs. Schaltenbrand said technically, alcohol would be an open container violation on a public sidewalk.

Mr. Williams asked, do you think the patio and tables and maybe a more permanent fence would raise the profile of West End Bistro? Mr. Lutz said this is precisely why I am doing it. It would give more visibility on the street. The kitchen can only handle so much business. It is really primarily just for lunches and dinners. There would be no outdoor bar, it would all be table, sit down service.
Mr. Williams asked, how many square feet is the new patio going to add? It looks like less than 400 square feet. Mr. Lutz said probably less.

Mr. Neff, a representative of the Chagrin Valley Little Theater, said I have no objections to the variance request.

Mr. Fricke asked, if an owner tried to put 15 tables jammed in here what prevents that once the space is built? Mr. Edwards said I think that is something you would have to stipulate in the variance. He is talking about 4 tables so that would be an enforcement thing. That would be something probably for the fire department because of the egress. Mr. Fricke asked, so we can defer to the judgement of the fire department as far as the capacity? Mr. Edwards said yes.

Mr. Fricke said I assume you want the patio to run right up to the sidewalk. Mr. Lutz said yes but there is an entry way sidewalk and we are not going to infringe on that so there won’t be any egress issues. Mr. Fricke asked, there won’t be a gate or anything? It will just be an opening to the existing sidewalk? Mr. Lutz said yes.

Mr. Williams asked, is the variance being requested because of the patio or because the building is already sitting in the front yard setback? Mr. Edwards said the patio is encroaching in that front yard setback. Mrs. Schaltenbrand said outdoor seating shall be limited to seating areas which are not located in required yards.

Mr. Williams asked, has the fire department reviewed other outdoor seating? Mr. Edwards said I believe the fire department reviewed Jekyll’s when they did their plan. I don’t believe they have reviewed this plan though. Mr. Boehringer asked, did they do Dave’s? Mr. Edwards said I guess they did.

Mr. Lutz asked, if the department of liquor requires a fence then I would have to go to ARB? Mr. Edwards said yes. Mr. Lutz asked, if it is done with landscaping planters? Mr. Edwards said no, that is more landscaping and not a permanent structure.

Mr. Williams said I was trying to determine what other establishments had a similar setup in their front yard setback. When I look at the kind of requests we have reviewed before, Jekyll’s, their patio is in the side yard, Rick’s Café when they applied to put a patio in their access drive that is in the side yard, and 87 West Wine Bar is in the front yard setback. Mr. Fricke said Yours Truly is the sidewalk. Mr. Williams said in terms of the recent ones, I guess the oldest of the applicants was 87 West Wine Bar and then Rick’s and Jekyll’s made their side yard requests and Dave’s, theirs is a side yard.

Moved by Mr. Williams, seconded by Mr. Boehringer to approve the variance request by Carl Vessel for the 79 West Street building, which is currently occupied by West End Bistro. The variance request specifically to Section 1138.05(a), which details what can occur in the front yard setback. Currently the building itself is sitting in the front yard setback to the tune of approximately 7-9 feet so the variance request is for an additional 11, 12, 13 feet, if I look at these plans correctly, which would take it right up to the public sidewalk. I would like to include in that variance request, first if the applicant intends to allow alcoholic beverages to be served on the patio that a fence be installed, which as we discussed would have to be approved by the Architectural Review Board. Also, that the fire department review the proposal with regard to safety and capacity. Also, I would like to add to my motion to recommend approval by the Village Council the fact that while the variance appears to be substantial and that its request goes right up to the sidewalk and uses the full front yard setback allowance that the variance could be considered insubstantial in that the patio looks to occupy less than 400 square feet. It is similar in nature to what else is occurring in that particular neighborhood so it should not be detrimental but actually improve the neighborhood in terms of its overall appearance and the feel of the neighborhood. Given that 87 West Wine Bar uses their front yard for their patio and there are two side yard patios also for outdoor eating in the neighborhood at Jekyll’s and specifically at Dave’s Subs. Also, off of Main Street, Rick’s Café has a side yard patio where they have outdoor eating as well. I would also like to add that approval of this variance will be materially helpful to the business in terms of raising its prominence in the neighborhood and make them more visible as a restaurant establishment. I would also like to note that there were no objections to the variance request. Appropriate notification was sent out to all the neighbors in accordance with our code and we have one of the neighbors, Tom Neff, from the Chagrin Valley Little Theater who is here in attendance tonight who has verbally expressed no objection to the variance request. I’d also finally like to add, in considering the elements of practical difficulty in addition to the things we’ve already discussed, that the variance request should not effect the delivery of governmental services. Again, the addition of the patio should not obstruct access to the property by any of our services and safety personnel and, again, we are requesting that the fire department take a look at it from a safety prospective and lend their opinion. I also would like to state that I believe this is also in the spirit of the Village’s general support for sidewalk dining.
Mr. Lutz said one of the things that the liquor department may allow is rather than a fence, they may, in some instances allow landscaping, planters as a barrier. Mr. Williams said I believe that is correct. Again, it would have to comply with code and the state regulation and it would have to be approved by the Architectural Review Board and I think it would have to, it kind of depends on how substantial it really has to be in order to comply with regulations. I know Rick’s Café uses a sort of landscaping separator between their side yard patio and the sidewalk so it is dense shrubbery that separates the two pretty clearly.

Mr. Fricke said as I heard the motion, whatever they require you to do is what we are willing to live with. Mr. Lutz said it is not specific to installing a fence. Mr. Williams said if the intent is to also be able to serve alcoholic beverages, it simply has to comply with the required regulations. Mr. Frick said I think you stand to lose a lot of space if you end up going with planters but the aesthetics of it are not our call.

Mr. Williams said I will revise my motion to say not necessarily a fence but a barrier that will satisfy the requirements of state regulations and our code.

Boehringer: Aye, for the reasons.

Loomis: Aye, for the reason given.

Fricke: Aye, for the reasons of the motion.

Williams: Aye.

Mr. Edwards said this will go to Council on Monday, May 9, 2011.

The meeting adjourned at 8:19 p.m.

____________________________
Wade Fricke, Chairman
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