Vienna Outdoor Dining Program Extended Temporarily, Discussions Continue

VIENNA, VA — On Monday, Vienna Town Council temporarily extended the outdoor dining program to the end of 2021 as a decision wasn't made on a proposed permanent zoning ordinance text amendment. Discussions will continue as opposition has centered around two restaurants on Church Street with outdoor dining adjacent to homes.

In June 2020, Vienna Town Council first adopted an emergency ordinance to temporarily provide waivers for outdoor business activity due to the impacts of the COVID-19 pandemic. Under normal circumstances, a business would have to seek a conditional use permit for outdoor dining with review by the Planning Commission and decision by the Board of Zoning Appeals. There is typically a $1,500 fee for a conditional use permit. In addition, off-street parking spaces normally cannot be used for outdoor dining.

Under the emergency ordinance, that normal conditional use permit process was waived as the town granted temporary outdoor dining approvals, and some businesses use parking spaces. There were 22 businesses approved for the temporary outdoor dining program, and 13 of them used parking spaces for outdoor dining.

With the temporary program set to expire on Dec. 7, town staff proposed permanent text amendments to the zoning ordinance. The ordinance had been extended several times since June 2020, but it cannot be extended as an emergency ordinance beyond Dec. 31, 2021 — six months since the commonwealth of Virginia's state of emergency expired at the end of June.

The proposed text amendments call for a more streamlined process for outdoor dining approval. To receive a permit for outdoor dining, plans would be submitted to the zoning administrator for review. Plans would have to show the location of outdoor dining furniture or structures. All structures, features, furnishings and other exterior modifications would be reviewed by the Board of Architectural Review.

Off-street parking would be allowed with a permit issued on an annual basis by the zoning administrator. Up to 20 percent of required off-street parking spaces would be allowed for outdoor dining with approval.

The Planning Commission recommended approval on Nov. 3 and did not propose changes to the ordinance.

Mayor Linda Colbert noted Town Council received hundreds of comments, both in support and against the outdoor dining program. A significant portion of the comments in favor mentioned support for Blend 111's outdoor patio.

"As we face winter with unknown covid levels, access to outdoor dining will continue to be very important for diners and restaurateurs in Vienna," wrote Elmira Gilbert, one resident in support of the outdoor dining extension.

"I strongly encourage you to enable local restaurants to continue to offer outdoor space for their customers because it not only helps these local businesses, but it also makes Vienna a lovely place to live," David Jacobstein wrote to Town Council.

Other residents who live on Wilmar Place NW behind Church Street NW restaurants expressed concerns. Nathaniel Jackson and Amy Jones wrote to Town Council that they enjoy outdoor dining but that noise can affect residents who live behind businesses. They asked for Town Council to consider allowing outdoor dining in all areas except businesses that abut residential streets or allow outdoor dining on weekends only until 8 p.m.

The residents recalled noise from a small gathering from a residential neighbor and believe it would be louder coming from a business with more people.

"Restaurants that serve many, many more people make much more noise," Jackson and Jones wrote. "In this situation, it would be hard to enjoy one's own backyard or living room/bedroom with open windows."

Another resident of Wilmar Place NW, Terry Ayotte, wrote that noises from Bazin's and Blend 111 in the backyard "have been intolerable." Ayotte said the residents dealt with the noise to support businesses during the pandemic but don't want to see the outdoor dining program extended permanently. Ayotte doesn't have concerns about outdoor dining anywhere else in town but believes those two restaurants are the only ones adjacent to homes.

"I'm sure all those customers who enjoy the outdoor dining that makes our yard intolerably loud are then able to return to their own quiet homes and enjoy their peaceful backyards," Ayotte wrote. "Most of them probably have no idea that there are houses just behind that brick wall surrounding the patio dining area."

Owners of the two restaurants, Patrick Bazin of Bazin's on Church and Michael Biddick of Blend 111, testified on Monday about the ways the outdoor dining program has helped their businesses survive during the pandemic.

"Today, even in chilly 30-degree weather, we still find that guests prefer to dine outside on the patio. Without that patio space, we are not viable," said Biddick.

Bazin said the restaurant's staff was reduced from 40 to seven at the beginning of the pandemic. Now it is back to 32. He noted that despite the pandemic, guests still need space for occasions like weddings and funerals.

"It has really been a savior for our restaurant and all the other restaurants that are near and dear in Vienna," said Bazin.

When asked by Councilmember Nisha Patel about compromise between residents and the two restaurants, Bazin said the restaurant is willing to work with neighbors. He apologized for a few incidents in which loud noise could be heard at night, including a birthday that ran late. Another incident involved a customer bringing in an amplifier for live music, although Bazin's does not usually allow live music on the patio. Bazin said the restaurant owners would not have allowed that but were not at the restaurant that night.

"Whatever help that I can give to make it better for our neighbors in the back of us, we're going to do our best," said Bazin.

Patel noted that the business owners seem willing to compromise.

"I have no issue with outdoor dining when you're backed up against commercial. I think when you're backed up against residential, we do need to listen to residents, but we also do need to support our businesses," said Patel. "I do think there's room for compromise."

On Monday, Town Council extended the emergency ordinance until Dec. 31 and will have to readopt this action on Dec. 6. Town Council members will continue discussions on text amendments for a permanent outdoor dining program through Dec. 6.