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Volunteer Park Cafe confident as time comes to determine if it stays on Galer

When we first reported on Volunteer Park Cafe’s problems with the Department of Planning and Development sparked by a dispute with a neighbor over the restaurant’s ambitious plans for increased outdoor dining it sounded like the “always fresh goodness” at 17th and Galer might be a goner. That was way back in June when the idea of a cafe suddenly finding itself operating in a development zone it isn’t supposed to be operating in sounded like a big, scary thing. Now that’s it late August, everything is coming up roses, it seems, for Volunteer Park Cafe.

CHS spoke with VPC’s Ericka Burke who confirmed that the cafe will file its change of use application in the next two weeks with DPD and is confident that they have City Hall’s support in continuing in the space where they opened their doors in January 2007.

Once the change of use application is filed, the public will have a two-week period of time to submit comments. Burke expressed confidence in VPC’s continued viability and said that Seattle’s Office of Economic Development has been working closely with her and fellow owner Heather Earnhardt in filing their change of use application.

But there are still some thorny issues to work out and the possibility that the neighbor who originally made the complaint to DPD will get litigious and bring an expensive lawyer to the table.

Despite a “compliance due” date of July 1st, DPD has continued to allow the cafe to operate and the department has said VPC will be allowed to continue operating as the public process plays out.

Here is what comes next. Volunteer Park Cafe must submit an application for a change of use with the DPD. Once that application has been received and publicly posted (you’ll see a sign go up at VPC and a notice on the DPD Web site… and CHS, of course), there will be a two week public comment period. During those 14 days, neighbors, community members and lovers of scones can send in their feedback to the DPD. You’ll find information on how to address those comments when the notice goes out.

DPD will then conduct an analysis, weigh feedback and write a decision. After the decision is published, there will be another 14-day period for public feedback. Any appeals will be heard by the city’s hearing examiner, not DPD.

That means a decision on the situation likely won’t be made until fall.

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An observer
An observer
13 years ago

Jason,
I think it would be great if you would state that this is your editorial opinion rather than a news article of fact. Just who at the “Office of Economic Development” did you interview to confirm that they are in support of this application? Who in “City Hall” is supporting this effort? When are you going to ask the neighbor (actually there are number of neighbors) what their concerns are?

The fact that the previous artical quoted the restaurant owner as saying that they were not expanding the restaurant to their backyard and your current article says they are, and the fact the city has ordred them to stop this activity, show just how disengenuous your blog and the owners of this retaurant are. The fact that they continue to serve alcohol in their outside seating both in front and in the backyard in violation of their Sidewalk seating permit and Washington Liquor Control Board regulations shows the contempt they have not only for their neighbors but also the law.

Michael Robb
Michael Robb
13 years ago

Sounds like you are one of the upset neighbors. I would gladly welcome them to my part of Capitol Hill. They are respecting the process actually. I went there recently and just wanted to sit outside and sip some coffee and eat dessert with my girlfriend. Seems like a reasonable thing to do. We were told that the hours we could do that were over and that we would have to either sit inside or take it with us. They did so without being sarcastic or pissed off about the reasons why. Namely NIMBY neighbors.

If you don’t want any noise from a restaurant I suppose you could move to a neighborhood where nothing happens and they are not allowed to operate. Or you could appreciate a great neighborhood treasure like VPC. I recommend ordering the chocolate bread pudding on a rainy day. It just might cheer you up!

genevieve
genevieve
13 years ago

Michael,

It’s amazing how anytime someone objects to anything in their backyard, NIBMYism is tossed around. I’m a big believer that people who don’t like noise shouldn’t live in robust urban areas teeming with nightlife, and if you move to a location with noisy business neighbors you should either suck it up or move. But when the neighborhood was residential and a business movees in and creates noise that wasn’t there before, I believe the onus is on them to create a more inviting atmosphere, not on the existing residents to get over themselves.

For the record, I don’t really have a horse in this race. VPC sounds like something I would want in my neighborhood, and I live by plenty of bars with no problem. But based on what I’ve seen (and especially that twee letter sent out by VPC asking for support), I feel more for the pissed off neighbor(s?) than for VPC.

Alle C. Hall
Alle C. Hall
13 years ago

If people who live in glass houses, et al., then people who don’t live next door to The Volunteer Park Cafe shouldn’t throw around the word NIMBY.

Michael Robb, above, wrote: “If you don’t want any noise from a restaurant I suppose you could move to a neighborhood where nothing happens and they are not allowed to operate. “

That is what we did, and they are not.

The cafe is zoned for a Single Family residence. There are provisions in the City of Seattle Land Use Code that allow for “non-conforming” uses under certain conditions. The main floor of the building housing the cafe was allowed as ‘non-conforming use’ as a ‘Grocery Store’. Under that use approval, it was legal to operate as a grocery on the main floor only—not as a restaurant; not on the sidewalk, and not in the back.

There are reasons our neighborhood is zoned residential: we don’t have the infrastructure to safely support a café.

Ask the cafe if their kitchen is up to code. Meanwhile, their customers regularly park in front of the fire hydrant. Delivery trucks block the ally and the street (Galer) that a fire emergency vehicle would use.

Go ahead, Erika; continue to blithely claim that you have City Hall’s support in your expansion. Because you don’t have your neighbors’ support. Not when you threaten our safety and the safety of our children.

Anonymous
Anonymous
13 years ago

the problem is that according to zoning laws, they are not allowed to be there as a restaurant. Rather than talk to the many neighbors who have complaints about the cafe, they have chosen to ignore them. Since the cafe is operating outside of the legal zoning, the least they could do is make an effort to work with the neighborhood, not against it. From what I understand of the laws, unless the cafe owners get serious about making a compromise, they will not be allowed to continue operating. If they really want a full restaurant with outside seating and everything else, they are going to have to move to another location, it’s as simple as that.

An Observer
An Observer
13 years ago

Justin,
Glad to see you followed up with you new article regarding the neighbors position. It was much more objective. Too bad you didn’t respond here to my critique and appologise for your biased posting.

RyanE
RyanE
13 years ago

Are you serious? Threatening the safety of your children? Really? Streets and fire hydrants are routinely blocked all over the city without injury. Just because a kitchen is not up to code does not mean it will suddenly burst into flames. How is the neighborhood infrastructure inadequate to safely operate a cafe when there are numerous similar businesses on 15th and 19th operating without injury to neighbors? Your situation is not unique in a crowded city.

If VPC is too dangerous for your children, you may want to explore the suburbs. They rarely have vehicles blocking fire hydrants or streets, dumpsters are no where to be found in residential areas, and businesses are safely located a driving distance away with their own dedicated parking lots.

Brian across the street
Brian across the street
13 years ago

This comment was also posted to the other article on this subject, that was also posted here on 31-Aug. Basic gist is that we do not have any unanimity of opinion on this subject in the neighborhood.

This is a very difficult issue for my wife and I, who have lived across the street from the Cafe/Grocery store for 18 years now. We have seen a lot of different owners in our day, as it has cycled between grocery and cafe and back a few times. All of my observations are from this 18 year window.

The very first people that were there when we moved in 18 years ago had a sign that said simply “Ice cold beer and cigarettes”, and along with some candy, it was about all they sold. There was some expired other groceries on the shelves, but they did not really move.

The first place there that I think added something positive to the neighborhood was when a couple gentlemen acquired the place in the late 90’s and converted it to a cafe. They had a popular and wonderful brief run before their personal relationship failed, and it was sold. These guys were friends with most of the neighbors, and as far as I can tell, everyone was sad when they left.

This lead to a series of failed cafe’s and groceries. The final owners, before it was sold to Erika and Heather, had it branded as “Cafe Europa”. Very few neighborhood people cared for this place, and it was clear that they didn’t care for us. Most infamous was the dispute with a neighbor who objected to the prominent display of Benito Mousilini’s portrait.

As far as my wife and I are concerned, Erika and Heather have done things almost entirely right. They have created a space that is very pleasing, and very popular with many people within the show more neighborhood and beyond. Starting about three months before they opened, they were reaching out to the neighborhood, and making us all feel welcome. We are still frequent guests of the establishment, and hope to be for many years to come.

My wife and I have tried desperately to try to remain “above the fray”. We are very good friends with the people on both sides of this dispute, including Paul and his wife, Cliff and his wife, and with Erika and Heather. I do know that there are legitimate complaints, and I don’t want be dismissive of them.

However, we support the Cafe. Of our 18 years here, we have only had what I consider to be “good tenants” in that space for perhaps 5 years, and that includes these past 3.5+ years that VPC has been there. We will be extremely disappointed if we lose the cafe.

The neighborhood itself appears to be very split in their feelings. We know many people who love the place, and of course we have very good friends who are on the “complaint” side. But this situation should *not* be construed as having any kind of unanimity of opinion amongst the neighborhood. VPC does have neighbors who support them.

pffft
pffft
13 years ago

Michael – I love VPC but just because we love them doesn’t mean that anyone who doesn’t is wrong. I don’t think everyone who opposes them is being a NIMBY. I propose that while we assert our own opinions, we respect those of others. Not everyone who opposes VPC or their expansion is being antagonistic.

pffft
pffft
13 years ago

Brian – thanks for the great perspective!

I love VPC but I also don’t have to live next to them. I do feel compassion and empathize with people who feel that it’t not fair that this increased noise level is thrust upon them.

It’s so easy for people who don’t have to actually deal with this situation in their face to smugly voice platitudes about “living in the city”.

While I think VPC should absolutely stay I am on the fence about the outdoor seating and I understand an honest and straightforwardly voiced objection.

On the other hand, I don’t think it’s right to use a zoning snafu to try to get VPC completely out of there. That seems like it’s taking advantage of a business acting in good faith.

Alle C. Hall
Alle C. Hall
13 years ago

Please imagine Jon Stewart saying the following:
“Enough with the ‘Close the cafe!’ narrative. That narrative was created by the a right-wing agenda in order to present a dichotomy where there is not one.”

This is me, now:
From the beginning, the cafe has played this as, “They want to shut us down.” The only one talking about shutting down the cafe is the cafe.

I am watching these comments multiply and wondering, why no one is asking, “Why would so many neighbors want to shut down a perfectly lovely cafe?”

WE DON’T.

We want the cafe to grow in a way that the neighborhood can support (as in: the necessary infrastructure; and secondly, we want them to straighten out the mess they make (as in: garbage, rodents).

That is all. Very reasonable. Long live Volunteer Park Cafe!

mimi
mimi
13 years ago

This little cafe is really 2 cafes; The one that is seen by those who drive from somewhere else – nice food,cute atmosphere. Then there is the face seen by the neighbors; noise in what was a quite neighborhood,rats ( think disease ), mice, raccoons, opossum ( which carry giardia), dog dropping and an aggressive Martha Stewart wannabe who says she cares about the neighbors but has ignored their comments from the beginning. This situation could probably have been lessened or avoided altogether if the cafe owners had just listened and/or cared about the comments they recieved from the MANY neighbors who approached them. Instead the little cafe became “big business” in a formerly quiet residential neighborhood and the comments and requests from the neighborhood had to become complaints in order to be noticed. There is no longer parking on this street where there once was. What there is is a business owner who has waged a sly campaigne against people that have been ignored, what there is is cigarette butts ( and smoke ) blowing into neighbors yards and customers from somewhere else giving hard looks and snide remarks at the homeowners who have been without recourse in their efforts to keep their neighborhood from deteriorating into the location of an uncaring commercial enterprise that trying to grow and any price.
So when you make your comments – think about which cafe you are talking about !

Alle C. Hall
Alle C. Hall
13 years ago

RyanE,

First: “Are you serious? Threatening the safety of your children? Really?”

Yes, Ryan,E, really.

When you have children, RyanE, and a business causes customers to park in front of hydrants so they can make more money than they already are making, we’ll see how you feel about being told to move to the suburbs.

Moving on:

Are you seriously asking, “How is the neighborhood infrastructure inadequate to safely operate a cafe when there are numerous similar businesses on 15th and 19th operating without injury to neighbors? ”

Businesses on 15th and 19th are operating in a neighborhood zoned for business. This means the city has determined:
-the streets are wide enough to accommodate trucks that stop for delivery; not so narrow that they block sight-lines of cars who would like to avoid hitting people or other vehicles, as is the case on the corner of 17th and Galer.
-there is adequate parking so that, well, people can park safely and without breaking the law; as opposed to what now is going on because of VPC.
-that as the neighborhood has later hours, residents should expect more noise than in, say, a RESIDENTIAL neighborhood; as opposed to the situation caused by VPC, which moved into a residential neighborhood, put in a restaurant kitchen without any permitting, and proceeded to run the kind of restaurant they wanted to run; and futher proceeded to expand the restaurant with the same disregard for details like zoning, permits, proposed land use announcements, an illegal kitchen while their customers park in front of fire hydrants and their trucks block cars’ sight-lines.

It may happen all over the city. I never claimed to be unique. I claimed to be at risk because of the illegal and dangerous practices of VPC. Since they are the ones acting illegally, I see no reason why I should have to move to the suburbs. Why didn’t VPC start up in a neighborhood zoned for business?

Alle C. Hall
Alle C. Hall
13 years ago

Hello, pfft. I hope I spelled your name correctly. :)

I agree: it is not right “to use a zoning snafu to try to get VPC completely out of there. That seems like it’s taking advantage of a business acting in good faith.”

That, however, is not what is happening. The zoning issue is not a snafu. The issue with zoning is now a BIG issue with zoning b/c VPC has refused to address it.

In February, they broke ground for their backyard expansion. A neighbor told them directly that they were not zoned for a restaurant, and if they continued their expansion without going through the process provided by the city, he would file a complaint. When they continued building (without any permitting, I might add), he filed the complaint. In May.

I would like to point out that VPC had been operating a full three years in the neighborhood without any neighbors filing a zoning complaint. It;s not like the guy was, as you say, “to get VPC completely out of there.”

When VPC failed the inspection that was the result of the complaint, they were given until July to file. They didn’t. They filed for an extension. There new due date for the application is Sept. 7th.

I just don’t see how VPC is “acting in good faith.” Aside from that difference of opinion, pfft, I am enjoying reading your posts. You seem to be a fair person.

Alle C. Hall
Alle C. Hall
13 years ago

Michael Robb:

Regarding: “They are respecting the process actually.”

Untrue.

The process was to have started on July 1st, when, after failing inspection in May, they were told to show a plan which would change the zoning of the building from ‘grocery’ to ‘eating and drinking establishment.’ They did not submit by July 1st.

They applied for an extention, and were given the date of Sept. 7th. Which is tomorrow. We shall see if they follow the process.

As one of the neighbors continually maligned by VPC owners and staff for asking them to come up to safety code and to operate within the legal zoning limits, I am very happy to read, “We were told that the hours we could do that were over and that we would have to either sit inside or take it with us. They did so without being sarcastic or pissed off about the reasons why. Namely NIMBY neighbors.”

I promise you “without being sarcastic or pissed off” not historically been the case.

RE: “NIMBY neighbors”: I wonder why no one eve asks the cafe, “Why are the neighbors so into shutting you down (which is how they spin this?” If you think about it, you seem like a reasonable person and you want to come on over and have a nice dessert with your girlfriend. Is it possible that the neighbors also would enjoy that? Especially right next door.

Of course we would! In fact, WE LOVED IT. The cafe was open for two- to three years before all this ruckus started.

I suggest you ask the cafe why some neighbors — all of whom live directly adjacent to the cafe — are suddenly so NIMBY that we want to “shut down the cafe.”

Please blog back, here. I would love to hear what they nave to say.

Alle C. Hall
Alle C. Hall
13 years ago

As one of the directly effected neighbors, the two most painful and frustrating element of the situation the cafe has caused are:

1) Their rude and un-neighborly attitude. Whenever we neighbors went to them about a problem, dismissive was the best we could hope for. Mostly, the cafe was down right rude.

2) Why didn’t they do anything about the problems?
So much of this neighborhood strife could have been avoided if they had simply paid attention to our concerns about the increase in noise, garbage and the associated scavengers, and safety issues. Instead, they reacted with “An unhappy neighbor is making our lives difficult.”

That was the direct quote from their announcement, the flyer they posted that resulted in a fight that is really bad for the neighborhood.

From the beginning, I have been baffled by the response of cafe supports: “The cafe is good for the neighborhood,” and “They are good neighbors.

The closer you get to them, the less truth you find in either statement.

Alle C. Hall
Alle C. Hall
13 years ago

Thank you, Genevieve.