Outdoor Dining Expansion Raises Concerns

Some aldermen Tuesday raised concerns about a request to allow outdoor dining at restaurants located near homes, asking if it would increase noise and smoke for neighbors.

No residents or business owners spoke during a public hearing before the Common Council on a proposal to allow limited outdoor seating in the city's B1 zoning district. Current zoning prohibits outdoor seating.

Ald. Dan Sutton said he sought the expansion after restaurants in his northeastern district complained they couldn't add outdoor seating, even though restaurants in other city business districts could do so. That sets up unfair competition within the city, he said.

If the change is adopted by the council, restaurants with B1 zoning - such as ,  and , could add limited outdoor seating.

Bougey's owner has expressed interest in adding 20 seats to the west side of its building, said Dan Ertl, the city's community development director.  if the changes are approved, owner Jeff Syvock has said.

Sutton said he understood some restaurants and bars want to add outdoor seating to accommodate diners now prohibited from smoking inside. Accommodating smokers, he said,  was not the reason he sought the outdoor seating expansion. Rather, he wanted to give residents more options to eat al fresco when weather permits.

"Gosh knows we only have about four to five months a year when we can enjoy a meal outside," Sutton said. 

Ald. Scott Berg said there were neighborhood outcries to previous outdoor dining proposals, such as a deck overlooking and seating outside the former Agave Southwestern Grille at 18380 W. Capitol Dr. (now Mr. B's Steakhouse).

"I'm getting complaints now," about outdoor dining next to residential neighborhoods, Berg said. 

He said he will be scrutinizing whether the expansion would add to the "invasiveness" of restaurants located near homes. While the city wants to be "business friendly," Berg said, it also needs to be friendly to its 40,000 residents.

Ald. Lisa Mellone, whose district includes Bougey's on Greenfield Avenue, said one resident opposed the expansion while three others told her they would have no problem with Bougey's adding seating as long as there were limits on its use.

Ertl said there would be a 10 p.m. limit on outdoor dining in areas with B1 zoning, as well as restaurants in the village area along Brookfield Road.

Outdoor dining in other city business zoning districts, particularly those not adjacent to residential areas, would have hours set on a case by case basis, Ertl said.

Other restrictions on outdoor dining in B1 districts would be a limit on the number of seats (often 20 to 25), a requirement for adequate parking and siting of the outdoor seats in an area farthest away from homes. Fast-food restaurants would not be able to add outdoor dining, he said.

The city Plan Commission will review the plan Monday, with possible action by the Common Council at its March 15 meeting.