On Monday, the St Michaels Board of Appeals unanimously rejected an appeal for a variance to the town zoning code that would allow the Big Pickle Restaurant to use its outdoor patio.
At issue was the requirement that commercial businesses restrict outdoor seating to a distance of 75 feet from the town’s residential zone. Board Chairman Barry Gillman opened the meeting by describing the strict set of rules that governs the granting of variances to the zoning code. In order for the variance to be approved, the Big Pickle needed to demonstrate that distinct, unique qualities of the lot prevent it from meeting the code, and that a strict enforcement of the code would impose a hardship to the business owner.
Attorneys representing both the Big Pickle and Christ Church spent over two hours providing comment and testimony to the Board of Appeals on the matter. Christ Church presented testimony from two church officials regarding the impact that the existing Big Pickle patio has on church property and activities. Over 40 citizens packed the Town Office meeting room, many of whom were with the Christ Church contingent.
The Board of Appeals determined that Big Pickle did not prove that the lot was peculiar enough to allow a variance, nor did they prove that the absence of an outdoor seating area would demonstrate a hardship to the restaurant. Board Chairman Barry Gillman said “there’s no inherent right to outdoor seating” and “it’s unfortunate that they built this. The 75 foot buffer is there for a reason.”
The Big Pickle opened in 2011, and built an outdoor patio earlier this spring. That patio was built due to an error made by a St. Michaels town administrator who mistakenly allowed a permit. The restaurant was allowed to purchase town parking spaces for 20 additional restaurant seats. Board of Appeals member Chip Platow said that he counted 46 seats on the patio on Monday afternoon. In spite of the town’s mistake allowing a patio to be built, the Board of Appeals addressed the issue as if no patio had been created, and as if Big Pickle was applying for a variance to build a new patio for outdoor seating.
The Big Pickle is one of two new St. Michaels businesses owned by Jack and Dolores Antwerpen, who also opened Sweetie Bakery in 2011. The couple purchased several properties on Talbot St. for these businesses, and have undertaken considerable renovations to them. The Pickle patio is not the first issue between the Antwerpens and the Town of St. Michaels. Additional renovations are underway on the Sweetie property to move a large cooler that was originally placed on town property behind the bakery.
Ron Sasiela says
Sounds like the Town of St. Michaels is run by a group of clowns!