It’s been a contentious couple of weeks for the Westover Market and Beer Garden. Upon receiving a warning from Arlington County, it suddenly declared the beer garden would shut down until April 1. Today, the saga continues as management has decided to re-open the beer garden against the County’s wishes.
Owner Devin Hicks said he’s tried working with the county on the matter but his efforts have not been successful. Now he’s going to do what he believes Westover Market is entitled to do by law — operate a year-round patio area.
Bob Brosnan, Director of the Department of Community Planning, Housing and Development, clarifies that Hicks did not receive an actual citation — as stated in a previous article — but rather a courtesy letter requesting compliance. A violation notice will likely be sent out on Monday and Westover Market will have 10 days to bring itself in compliance, or face fines, Brosnan said.
The goal is not to hinder businesses or to collect fines, it’s to keep businesses in compliance with county ordinances, according to Brosnan.
“We’ve been trying to work with them to make them understand how we can work with them legally, that is our goal,” he said. “Our goal in these cases is always compliance.”
Arlington County has developed a web page specifically relating to the beer garden at Westover Market. On the page, it states that establishments with outdoor patios must have ample parking for the number of people being served, but that parking requirement is reduced if the establishment is near a Metro stop. The County allows establishments to get around the parking rule by becoming “seasonal” and closing for three or more months each year.
Because the Westover beer garden isn’t deemed as having enough parking, it’s supposed to be seasonal. However, Hicks points out the rule is technically a “guideline” and not an actual “ordinance.” He believes the county has been enforcing a measure that was never officially put in the books.
The County’s web page for Westover Market links to another County page, titled “Guidelines for Outdoor Cafes.” On that document it states: “Unless otherwise required by the County Board, outdoor cafes shall be exempt from any parking requirement.” It goes on to say: “There is no explicit requirement in the Zoning Ordinance that requires them to be temporary or seasonal.”
Of his long-running trouble with the county, Hicks said relations have improved over the past year or so, but he believes he’s currently being unfairly targeted with the enforcement of the seasonal rule.
“We’re just going to go ahead and do what’s legally right,” Hicks said. “There’s nothing in the rules that says it has to be seasonal.”
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