After months of email exchanges between resident Lilian Burch and County planning and permitting officials, the County Department of Permitting Services served the developers with a Notice of Non-compliance with the site plan on May 9. That is according to Greg Nichols, manager of the DPS Site Plan Enforcement Section, who wrote in an email to Burch on August 9 that the developers then requested a 30-day extension period to respond to the Notice. The extension expired, Nichols wrote, and the violation was then referred to Mark Pfefferle, chief of the Maryland National Capital Park and Planning Commission's Development Applications and Regulatory Coordination Division, for enforcement. Nichols said DARC and the Planning Board would then follow procedures to determine any "corrective action and/or penalties."
With that process still playing out, the developers have now filed an application with the planning department to amend the site plan. Their attorneys Bob Dalrymple and Heather Dlhopolsky argue that DPS was aware of the 6' pedestrian space needed for Silver's outdoor seating when it issued Right-of-Way construction permit No. 343891 on September 3, 2015. They acknowledge the site plan called for a 10' right-of-way, but note that 6' is now the countywide DPS standard for sidewalk right-of-way in downtown areas. Therefore, the site plan language is no longer in compliance with the new DPS standard, they say.
Dalrymple and Dlhopolsky say that Silver's outdoor seating currently comprises 30% of the restaurant's capacity. Compliance with the site plan would require removal of 30 of Silver's outdoor seats, and that would make it impossible for Silver to generate enough revenue to meet its obligations and recoup its investment in the construction of the restaurant, they argue.
The importance of the outdoor seating to Silver's business model was specifically the reason the developers so carefully discussed the sidewalk configuration with DPS at the time of permitting, the attorneys say. They state that the owners of Silver clearly indicated to DPS that the narrower 6' pedestrian space between their tables and the building was critical to their business model, and actually a contingency for their agreement to lease at Lot 31.
In addition to reducing the site plan's right-of-way width for pedestrians in front of Silver from 10' to 6', the application also asks to revise grading and the addition of a railing at the southern end of the western side of Woodmont Avenue, and to extend a planting area to accommodate another grade change at the northwestern corner of the property. Dalrymple and Dlhopolsky contend that these are standard revisions often filed after unexpected "scenarios in the field" are encountered during the construction process.
Dalrymple and Dlhopolsky wrote to the planning department that no complaints have been received from the public regarding the outdoor seating at Silver in almost a year of operation. They said they are aware of one resident who has complained to the planning department about the matter. Burch counters that few in the public are aware of the sidewalk issue.
The lack of sidewalk space makes it difficult for people walking dogs to maneuver around waitstaff and doorways in front of the restaurant, Burch wrote. It is also a major pedestrian route for residents beyond Lot 31 who are trying to reach Bethesda Row, she said.
This matter will now go to the Planning Board at a future meeting for review and public comment.
25 comments:
A 6 foot sidewalk is plenty wide, this lone resident is a whiny brat. I'm guessing someone over 65 with nothing else to do
It seems like it's just as wide or narrow as the sidewalk space in front of Mamma Lucia and the other restaurants on that side of Bethesda Row.
Actually I think 10' would be better in both places, given the high pedestrian traffic in the area. I'm often there with a baby stroller, and we have to take turns with pedestrians coming the other way to let people pass due to the narrow width.
What I find funny is how Silver claims they'll basically go out of business if they lose any of their sidewalk seating. So how do they manage in winter, when no one is sitting outside?
"Burch counters that few in the public are aware of the sidewalk"
In other words, the only ones who care are Ms. Burch and her gddam yappy Maltese bitch.
5:58AM How do you know she has a Maltese?
That's an oddly specific thing to say.
Dyer actually reporting here. Solid work. I'm surprisingly impressed.
That's the worst picture to accompany an article concerning the merits of sidewalk dining I've every seen. You present a myriad of photos for other stories, yet when ti comes to a simple shot facing the subject sidewalk and dining area you fail miserably.
The sidewalk is tighter than it should be.
This lady seems like a real nut. Are we sure this Lilian Burch isn't just a pen name for the Chevy Chase driveway lady?
6" foot sidewalk is more than sufficient, I have no problem navigating this with a double jog stroller and if that can make it anything can.
8:17: Let's refrain from personal attacks. You had a perfectly reasonable argument in the second paragraph of your comment without having to add that. Whether you agree or disagree, there is nothing she said that is remotely "nutty."
And today we learned that you should never build your restaurant on a business plan that requires "tacit" approval of extra seats.
On the other side of town, I always thought Olazzo and Brasserie Monte Carlo took up way more outside space than practical (not sure if it's more than allowed or not though). You have to walk single file to get by there. The new place in Brasserie's space is better at that though.
That 6 feet has to account not just for pedestrian traffic (including strollers, dogs, people with their noses buried in their cellphones), but also for restaurant door(s) opening and and waitstaff moving across the sidewalk to serve outside diners. Whether here or elsewhere in Bethesda, it's too narrow. Plus it seems that Silver just went ahead and did what it wanted, and is now trying to get retroactive approval. Turn 'em down.
Don't believe Silver just went ahead and did it. The article states that they received the proper permits from Montgomery County for the outside seating area as it is currently configured.
It's too narrow. With the restaurant staff blocking the way, it's not ideal.
Dyer @ 8:23 AM - I expect that, going forward, you will hold yourself to the same standard that you expect of 8:17 AM.
Now if you will excuse me, I need to tiptoe over to the corner, where I can discreetly LMAO for the next 15 minutes.
"Let's refrain from personal attacks."
Dyer is maturing.
Way too narrow. Every time I go through there, I have to stop to the side to let oncoming traffic pass, and stop at least twice for wait staff. Now that I know why, it makes sense. Shame on the county and the developers.
Way too narrow. Every time I go through there, I have to stop to the side to let oncoming traffic pass, and stop at least twice for wait staff. Now that I know why, it makes sense. Shame on the county and the developers.
11:35: Sorry, there's quite a difference between somebody making a personal attack simply because they disagree about the width of a sidewalk and responding to a vicious attack from a paid troll like you. Calling you a moron is completely justified in the latter case. Shouldn't you be picking up Hans Riemer's dry cleaning?
I don't get it. It's no more narrow than the rest of outdoor seating sidewalks in Bethesda Row (Tap Room, Mussel Bar, Tandoori, etc.).
@ 2:06 PM - It was a nice dream while it lasted.
I walked by this today. It's made more narrow because they have planters hanging on the outside of the fence to the outdoor area, further encroaching on the sidewalk.
The responder at 8:42 AM is exactly correct. The actual pedestrian passage area on Norfolk Ave in front of the restaurants with outdoor seating is probably closer to two feet, and you do have to walk single file. The situation is particularly bad because the trees on the sidewalk along the curb take up quite a bit of space. Having a full six feet of pedestrian passage on Norfolk Ave would be fantastic. And I am pretty sure that the current restricted pedestrian passage on Norfolk Ave does violate the Mont Co. standards for sidewalk cafes, but it is hard to get somebody to do something about it.
Dyer @ 8:23
"Let's refrain from personal attacks"
Dyer @ 6:33
"Calling you a moron is completely justified"
*sigh*
Difference between Silver and other restaurants in Bethesda Row is Lot 31 agreed to 10 feet on their site plan but purposely ignored it when DPS (not planning) didn't verify right of way on Lot 31's site plan. Now Lot 31 claims they had permission from DPS even though they never had site plan changed. I see this as a matter of principle and right vs wrong. Another example of developers trying to take more than they were allowed. Passion Fish across the street is in compliance with site plan so they must have known it's not 6 feet. If you let Lot 31 get away with changing site plan after purposely violating and ignoring it, what will developers try to get away next? DPS=Department of Permitting Services. They have a web site where you can file on line complaints of right of way violations by other restaurants.
Post a Comment