Boulevard Restaurant Granted Distance Waiver

9:16 p.m.: The Commission votes to grant the waiver. Only Harry Sims opposes. This is the second distance waiver approved by the Comission.

9:06 p.m.: Harry Sims says he's going to vote against the measure. He says the Commission needs to re-evaluate the distance ordinance altogether. Jared Bailey makes a motion to approve the the distance waiver, subject to the conditions: stop serving alcohol at 9 during the week and 10 on Friday and Saturday; no music played outside at any hour; limit the alcohol to beer and wine; the applicant can apply for a liquor license for 2012; the applicants have to work with the ACC Staff to develop a noise barrier should one be needed upon renewal of the waiver. Kathy Hoard wants people cleared off the patio area when beer and wine are no longer served. Everyone agrees. 

9:02 p.m.: Doug Lowry says he's for the barrier, but a vegetative one will take a long time to grow. Doug says they will have guests on the patio when they open, and he wants to abate the noise somehow.  If they choose not to have an alcohol license, they can serve food until 3 a.m., says Andy Herod. Kelly Girtz says many of the conditions may do the trick to keep the noise low. 

8:52 p.m.: She wants at least a vegetative buffer, says Kathy Hoard. Could be visually appealing and not as costly as concrete or another barrier. Bruce Lonnee of ACC Planning Department: there's a time it takes for the buffer to function. And it may be difficult because the whole area is paved. Something has to be approved and installed satisfactorily. The restaurant is planning to open in June. 

8:50 p.m.: Kelly Girtz. Is interested in restricting the use of the outdoor space. 

8:47 p.m.: Andy Herod wants some noise barrier along the property line. 

8:39 p.m.:  Jared Bailey. He supports empowered neighborhoods, but Athens has the reputation of not being business friendly. The neighborhood association has endorsed this project. Wants the waiver approved, subject to the following conditions. Stop serving alcohol at 9 p.m. Put away alcohol at 9:45. On weekends, stop serving alcohol at 10 p.m. and stop serving at 10:45 p.m.

Mike Hamby: Wants Sunday to be counted as a weekday. 

Ed Robinson: Wants noise abatement measure for the neighbors. 

8:32 p.m.: The business may choose to reject the conditions imposed by the Commission and just be a brown bag establishment. Travis: we may not be able to get a beer, wine and liquor license. The noise concerns are the most critical concerns. He thanked the Commission for their consideration. 

8:14 p.m.: Bruce Lonnee of ACC Planning. There is some way to mitigate sound. Something could be built that would pass review and be effective.  Houses on Chase Street are zoned single family. A green buffer might be effective. 

8:09 p.m.: Travis Burch: What problems arose with brown bagging restaurants? Chief Lumpkin said the significant issues over time have been noise. 

8:05 p.m.: Kathy Hoard: what protections would the neighbors have? Chief Lumpkin: they would have no protection from measures outlined in the noise ordinance. With the waiver process, you could provide some relief. You could restrict the exterior after a certain amount of time. Quite a few homes are within 100 feet of the restaurant. Kathy: There's a fine line between letting these people conduct their business and keeping the noise levels down for the neighbors. Chief Lumpkin: Good times travel off the premises. You will have disturbances off the site if people are outside. 

7:57 p.m.: Chief Lumpkin. Hard to compare problems. Brown bag is in a restaurant environment. Don't have substantial problems. Don't have one as close to a residence as this would be. Have had noise issues but not over consumption issues at brown bagging places. 

7:52 p.m.: Miss Minish. There's only one distance waiver and it's for Mama's Boy. Says the permit would cost $5,500, as well as an excise tax on the liquors. Patrons could bring their own liquor to the place now.

7:47 p.m.: Mike Hamby: What's allowed without the waiver? Jessica: Capacity for the restaurant 36 inside the restaurant and 24 outside. The outside seating isn't covered seating. Have 23 parking spaces. 

7:41 p.m.: Commissioner Doug Lowry asks about experience. Jessica has been a sous chef but hasn't worked as a manager of a bar or restaurant. Travis is an investor.  Doug wants to know if someone on the premises has bar or restaurant experience. Jessica says she won't serve rowdy patrons. Travis: the waiver comes with responsibilities. 

7:30 p.m.: The hours of the restaurant are 7:30 a.m. to 10 Mon-Thur., 7:30 a.m. to midnight on Friday, 9 a.m. to midnight on Saturday and 9 a.m. to 3 p.m. on Sunday. 

Travis: Started site selection process in February 2010. Didn't look downtown. Didn't want to be a bar. Liked being near the UGA Health Sciences campus. Beer, wine and artisanal drinks. Have met with neighbors. Heard concerns about the noise. We want to be responsible neighbors. 

Jessica: We are going o have breakfast, lunch, dinner, brunch. Wants to be an asset to the neighborhood. Wants to serve beer, wine, liquor with our meals. Wants to do boutique wines and beers. And wants to have cocktails.

Jessica Rothacker and Travis Burch, partners of Heirloom Cafe. Are a farm to table cafe.

7:23 p.m.: Mayor Denson says the discussion should come behind the bar. There's a sprinkling of giggles.

7:20 p.m.: Lives on Westover Drive. Owns Urban Sanctuary. I plan to be a regular customer. Wants to order a Manhatten or a Cape Cod with my dinner. Mama's Boy waited two years for a alcohol permit, but Mama's Boy struggled.

7:17 p.m.: Jimmy Wilfong, who owns the property on which the business will be located. I think the people doing the project should be applauded. I'm thrilled about the project.

7:16 p.m.: Moved back to Athens in 2005. Virginia Avenue resident Rachel Watkins said the many Chase Street School parents she polled are in favor of the restaurant. She is assured that the owners will solve any problems that might come up

7:14 p.m.: Mary Porter of Boulevard says the restaurant needs to limit its libations to beer and wine and close at nine. 

7:12 p.m.: Jan Neubauer, a 30 year Boulevard resident.  I have concerns and I hope my concerns become yours. Dan and Lindsey are extremely impacted. When they discussed noise abatement with the restaurant owners, they were told it was too costly. A strip of pavement where cars will enter and exit is 10 feet from their bedroom window. Sales of a couple of thousand drinks will be more than enough to fund adequate noise abatement.

7:11 p.m.: Jaamy of the Last Resort Grill found his dream home on Chase Street. For me to walk down to the restaurant and have a great meal was very exciting, he says. He supports the Heirloom Cafe. 

7:08 p.m.: Dan Geller. Who lives with Lindsey 30 feet from the restaurant's patio. There wasn't a waiver in place when he bought the property 10 years ago. There's no noise abatement required. Wants a noise barrier between their home and the outside patio. He wants there to be no outdoor music. Wants more appropriate hours. He gets up early every day and travels the state. Doesn't want to be kept up at night by noise. We are excited about the restaurant. We're just extrememly concerned about the noise level in our home.

7:07 p.m.: Another homeowner identifying himself as Chris. Porch looks right into what will be the restaurant. I don't think they will be rocking out Ted Nugent at 10:30 at night.

7:04 p.m.: Matt Elliott lives across the street from the place. Remembers when the proposed site was horrible. He's the president of the Boulevard Neighborhood Association. He supports the variance request. He agrees that a sound barrier needs to be constructed. He said that allowing a restaurant in the neighborhood doesn't open the door to bars or liquior stores. Are allowing a nice, local food place.

7:02 pm: Homeowner Lindsey says she will bear the brunt of having a place within 30 feet of her home. Wants a noise abatement measure. Doesn't want outdoor music. Wants them to consider limiting alcohol to wine and beer. I'm not fighting against the restaurant. Asking to preserve their quality of life and to be able to sleep at night.