A local brewery and the upcoming Porchfest event drew comments from Bowling Green residents during last week’s council meeting.
Public Works Director Brian Craft addressed council about Arlyn’s Good Beer, located on Hankey Avenue, saying he came to speak on the subject as a citizen and not a department head.
Craft said he lives across from the area and wanted to approach council for “help for my neighborhood to save it,” saying the timing is urgent due to a city zoning code update meeting coming on June 1.
“The issue is Arlyn’s Good Beer operating as a bar on Hankey in violation of the city zoning and noise pollution codes,” Craft said. “This is disrupting the peace and tranquility of residential properties which is protected under city ordinance. I just want the law enforced.”
In his statement, Craft said ”Letters my neighbors and I have received from Arlyn’s say don’t call the police or city administration regarding loud music. Why? And when their patrons have had enough of the music, food and drinks – they can leave. But our neighborhood gets to keep listening to the perpetual music for three hours at least three days a week. At least 84 evenings from April to October.
“The music is not a necessity to brew or sale or taste beer,” Craft said later. “Any more than Kroger’s or Campus Pollyeyes having loud outdoor music while selling groceries and breadsticks. No one would think they should be allowed … right?”
He said that Arlyn’s was approved for M1 Light Industrial zoning, and quoted section 150.35 of the code, which prohibits “bars, taverns, dancehalls, rental halls, bowling alleys or similar recreational activities” under the zoning.
“But a question has to be asked … why is this law not being enforced at this location?” Craft continued. “What is going on here?
“Please do not restructure any of the neighborhood zoning codes to skew it into your favor. We will be watching.”
Emily Dunipace said that Arlyn’s is operating as a bar – and not as a brewery with a tasting room as approved – in violation of its M1 zoning. She said it is offering food vendors, outdoor seating and an outdoor concert venue in a residential zone.
Dunipace said that, in all of her communications with city officials about the issue over the last three years, she has wanted city officials and administrators to act “with honesty, transparency, and integrity,” and enforce current laws. Instead, she said the business is allowed to operate in violation of the zoning codes. She said it hurts that the city officials and administration “have chosen not to enforce the laws equally.”
Dunipace opined the issue represented the city seemingly “looking the other way” and giving Arlyn’s Good Beer preferential treatment.
“I’m asking you to enforce the laws equally and equitably as you were elected to do, and you were sworn to do” Dunipace said.
Council President Mark Hollenbaugh, speaking after Dunipace’s remarks, said “In all of my time being involved with city government, I have not behaved unethically, I have not witnessed anyone else behaving unethically. I know that this is an issue that has been looked into, it is being looked into. No one receives preferential treatment from the city whether a business or otherwise. At least that has been my observation.”
Mary Dennis, who said she represented the organizers of the upcoming Porchfest on June 4, addressed council about that event.
The matter came up during the May 2 council meeting via resident David Wilson, who said he had a number of concerns about Porchfest. Municipal Administrator Lori Tretter said then that the administration had met with organizers, and said that current city permitting codes don’t seem equipped to deal with this kind of event.
“I think the Porchfest organizers are trying to do something nice for the community,” Tretter said at the May 2 meeting, “but we also are concerned that they could impact other people in the neighborhood in a negative way.”
Dennis said the group is seeking to bring an afternoon of “community, friendship and joy” to the neighborhood. She said the event, with musical acts who perform on private porches, presents a “homey-type atmosphere that encourages people to interact” and make friendships.
“This is the sort of activity that gets people out on a summer day to foster community relationships,” Dennis said.
Dennis said the organizers want council and the community to know they have reached out in a number of ways, including in person, via email and written notes to residents on Eberly and Gorrell to answer questions and to invite them to participate in planning.
“We did meet with a few concerned residents a couple of months ago,” Dennis said, “and understood that we were adequately addressing their concerns.”
She said they encourage residents to take part in planning meetings, and they have adopted plans for addressing concerns from the city as well, including litter and access to bathrooms. Dennis said, among their work, they are arranging for volunteers to walk through neighborhoods to pick up litter, and have contacted nearby businesses and others regarding the use of parking lots.
Dennis further said they have arranged for four homes which will be designated for public use restrooms, and they will be listed on the event program and maps. She said they’ve also offered to put up yellow tape and cones on the properties of concerned neighbors to designate them as properties not participating in Porchfest.
She said last year’s event was “quiet, peaceful and pleasant” and the “minor” issues that arose have been addressed.
“We have a great respect for our neighbors and all the residents of Bowling Green,” Dennis said.
“Not all the neighbors have been included in on all the planning or been taken serious for our concerns for putting this on,” Wilson said. He said it appears Porchfest “will continue and it’s quite commercialized. It’s not a neighborhood thing. It’s on the internet” and open to attendees “from wherever.”
Regarding Dennis’ discussions of parking, he claimed that “a number of parking lots are not open.”
WIlson said he’s expressed his concerns to the Bowling Green Police Division.
“Thank you for your time,” he said. “Definitely please take this serious. The chief of police is. … Not everyone is on board with this.”
Council President Mark Hollenbbaugh spoke during Tretter’s customary report later in the meeting, and referenced the Arlyn’s Good Beer and Porchfest issues.
“Just to make sure all council members understand the process that’s going on and what the administration has done, could you type up some sort of update for us so that everyone knows what the situation is?” he asked.
Tretter responded that she would.
