Perrysburg pub gets permit PDF Print E-mail
Written by ALEX ASPACHER Sentinel Staff Writer   
Wednesday, 10 July 2013 09:33
PERRYSBURG - The 5th Street Pub was given conditional permission to serve customers on its outdoor patio despite continued objections of noise concerns by residents.
City council reversed an earlier decision Tuesday after an hour-long public hearing featuring sworn testimony on both sides of the debate. A court stenographer administered an oath and recorded all statements.
The business was previously denied an approved special use permit to operate an outdoor cafe by the Planning Commission on May 30. Nearby homeowners complained about parking as well as noise and vulgar language from outside customers.
Owner Geoff Kies appealed, offering a compromise including reduced seating and restricted hours "in an attempt to meet in the middle ground." Council bound those stipulations to the approval its members issued Tuesday.
"This is an ultimate situation for a compromise, being that I'm in a commercial district and they're in a commercial district" Kies said. "It's not right for me to make a bunch of noise for them, but it's not right for them to control businesses that are in a commercial district just trying to do what a commercial district is for."
Kies said the patio will be closed by 9 p.m. Monday through Thursday and 10 p.m. on weekends, and an hour earlier each night when school is in session. He also promised no live music, and seating was scaled back from 49 to 24.
Kies also said he plans to put up walls surrounding the patio by Sept. 30, at which point the restaurant will no longer require special approved use as it will be classified as an enclosed structure. He said he would continue to honor the earlier hours.
Residents continued to express their concerns during the hearing. Despite Kies' concessions, several said they felt they couldn't trust him to stick to them.
Evidence presented during a previous hearing included a neighbor's letter from a realtor estimating a drop in property value could be as much as $20,000. Spoken of but not presented Tuesday was video of loud guests of the restaurant.
"We love the noise. We love the traffic of the city. That's why we live here," said Tonya Motter. "But allowing the 5th Street Pub to operate a patio crosses the line. When my 9-year-old son is unable to fall asleep on a school night at 11 p.m. because some drunk patron is yelling obscenities, that's when I have a problem."
Nearby property owners also said the city needs to pay more attention to its noise ordinance, which was estimated to contain a limit of 50 decibels. Council members agreed the ordinance and its enforcement is a bigger issue but could be addressed in the future if necessary.

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