local business

DEVELOPING: Doggie Daycare Bites County With Sign Lawsuit

By ARLnow.com

(Updated at 1:55 p.m.) Wag More Dogs, the doggie day care business that has been engaged in an ongoing dispute with the county over a large mural facing the Shirlington dog park, has filed a lawsuit against Arlington County and county zoning administrator Melinda Artman on the grounds that Arlington’s sign ordinance violates the First Amendment right to free speech.

Wag More Dogs owner Kim Houghton says she commissioned the $4,000 mural, which depicts dogs, bones and paw prints, to beautify the dog park, which her business abuts. But the county zoning office didn’t see the mural as art, it saw it as a 60 foot by 16 foot commercial sign — well beyond the 60 square feet of signage the store is allowed under the county sign ordinance. Had the mural depicted flowers or anything not dog-related, said county regulators, it would be permitted.

After a long back and forth, Houghton was finally allowed to open her business in September, on the condition that the mural remained completely covered with a tarp. In October, Houghton was told that the sign could be considered a mural if she paid for the words “Welcome to Shirlington Park’s Community Canine Area” to be painted in four-foot high letters.

Shortly after that, Houghton linked up with the Institute for Justice, a Ballston-based libertarian public interest law firm. This morning Houghton and her attorneys filed a lawsuit and asked for a preliminary injunction that would allow the mural to be displayed while the lawsuit makes its way through the courts.

“The decision to file the lawsuit was to protect my freedom of speech and to ultimately prevail in keeping the mural up as it is, instead of turning it into an informational sign for the county,” Houghton said after a press conference at her store this morning.

This morning’s legal filings cite dozens of prior cases, many of which upheld the right of business owners to display signs and artwork.

“What Arlington County is basically saying is that it is allowed to play art critic,” said Robert Frommer, the lead counsel for the Institute for Justice. “We’re very confident of our legal position, because we’re very confident in the First Amendment.”

But Artman, the county’s top zoning official, seemed unfazed.

“My reaction to being sued is that it’s all in a day’s work,” Artman said in a phone interview. “I’ve been sued before, and I’ll be sued again.”

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Morning Notes

By ARLnow.com

December Leaf Collection Schedule Released — The county’s second round of vacuum leaf collection through neighborhoods is now scheduled to begin on Dec. 4 and end on Dec. 24. More from the Dept. of Environmental Services.

Holiday Events Aplenty — The Sun Gazette has a list of 15 holiday-related events around Arlington in December.

Arlington Company Gets Big-Time Funding — OPower, a start-up energy services company based in Courthouse, has just received a $50 million investment by two venture capital firms. The company, which hosted a speech by President Obama in March, hopes to ramp up its research and development effort and hire 50 more people. More from Tech Crunch.

Fire Response at Spider Kelly’s — The fire department responded to Spider Kelly’s in Clarendon late last night for a report of a fire. Firefighters instead found light smoke and traced it back to a malfunctioning heating unit. No word yet on whether this will affect the popular night spot’s ability to open today.

Morning Poll: Food Options in the R-B Corridor

By ARLnow.com

The Rosslyn-Ballston corridor will be getting not one but at least two new frozen yogurt stores next year thanks to rapidly-expanding D.C. chain FroZenYo.

While some will take a “more the merrier” approach to food in Arlington, others may question whether a three-mile stretch of Wilson Boulevard can really support 5-6 frozen yogurt shops, not to mention numerous ice cream and gelato places.

Likewise, many people have already wondered aloud whether there are more than enough pizza joints and cupcake bakeries planned for the R-B corridor. Receiving less attention is the abundance of food trucks, cafes and “modern American” style restaurants in the area.

Which of the preceding, if any, do you think has reached the highest “saturation” point?


Arlington Is Big Winner at N. Va. Developer Awards

By ARLnow.com

The commercial real estate trade group NAIOP handed out its Best of Northern Virginia awards in Tysons Corner last night, and Arlington fared quite well.

Seven out of 17 awards went to Arlington properties.

The big winners included Courthouse’s new Fire Works Pizza restaurant and the county’s new Dept. of Human Services office, which both won awards for best interior.

Among the other winners were Monday Properties’ marketing effort for 1000 Wilson Blvd in Rosslyn, and Vornado’s renovation of 220 20th Street in Crystal City.

See the full list of winners in PDF form here.

Sushi Rock Gets Live Entertainment Permit, At a Cost

By ARLnow.com

Sushi Rock, Arlington’s leather-clad, rock ‘n’ roll take on Japanese cuisine, got the live entertainment permit it wanted from the county board last night, but it came with a restriction the business fought to avoid.

Sushi Rock volunteered for most of the provisions sought by residents of the high-end condos above the restaurant: keeping doors and windows closed during live entertainment, using sound-dampening materials, testing decibel levels in condos, designating a “neigborhood liason,” prohibiting loitering outside the business, picking up trash outside, and so forth.

Owners did not agree, however, to restricting the use of outdoor speakers on the restaurant’s patio. But that’s exactly what happened last night. The board approved the live entertainment permit with a provision that the outdoor speakers be shut off after 10:00 p.m. on weekdays and 11:00 p.m. on weekends.

Sushi Rock partner Tony Hudgins was incredulous. He said the live entertainment permit would have no bearing on what’s broadcast through the speakers.

“If I’m following the logic… we’re actually being asked to give up what we’re already allowed to do, in order to get a live entertainment license that won’t allow us to broadcast [live performances] outside,” he said.

But two residents asked the board to restrict the use of the speakers.

“If the speakers are allowed to be on outside, I wouldn’t be able to sleep,” said condo owner Marilyn Lythgoe. It’s not clear if she had already been affected by the speakers, which were in use this summer.

Phyllis Bradley lives three stories above Sushi Rock. She also argued against the speakers, even though during a recent sound test, in which the outdoor speakers were in use, she acknowledged that “we did hear a sound, not even a pin drop.”

“If that’s how it’s going to be when they get their permit, I have no objections,” she said. “But I don’t think so.”

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Introducing the 2010 ABBIE Award Winners

By ARLnow.com

Congratulations to the 15 businesses that emerged as winners in the voting for this year’s Arlington’s Best Business Awards.

About 10,000 people participated in the online nomination and voting process, according to Arlington Economic Development, which sponsors the annual contest. That’s about twice as many nominations and votes as last year.

Among the big winners were Northside Social, voted Arlington’s Best New Business, and Lost Dog Cafe, the only business to win in two categories.

The winners, which will announced at the county board meeting that’s getting underway now, are:

  • Best Boutique: ShoeFly
  • Best Brunch: Carlyle
  • Best Community-Based Nonprofit: AFAC
  • Best Customer Service: Eventide
  • Best Dessert: Heidelberg Pastry Shoppe
  • Best Late Night Spot: Bob and Edith’s
  • Best Performing Arts Organization: Signature Theatre
  • Best Place to Care for Your Pet: Ballston Animal Hospital
  • Best Place to Dance the Night Away: Clarendon Ballroom
  • Best Place to Learn Something New: Arlington Public Library
  • Best Happy Hour: Liberty Tavern
  • Best Neighborhood Bar: Whitlow’s on Wilson
  • Best “Bargain” Restaurant: Lost Dog Café
  • Best Family Friendly Restaurant: Lost Dog Café
  • Best New Business: Northside Social

The incumbent winners from 2009 had a particularly strong showing. Only the Best New Business, Best Happy Hour, and Best Customer Service categories changed hands this year.

District Taco Restaurant Opens Today

By ARLnow.com

After a number of delays, the big day is finally here. The guys behind the the District Taco cart are holding the grand opening for their first brick-and-mortar restaurant (shown here, still under construction), at 5723 Lee Highway.

The restaurant’s menu consists of basic, fresh Mexican cuisine, served over a counter. There will also be weekly specials, where owner Osiris Hoil will get to show off a bit more of his culinary prowess. See an early preview of the menu here.

In announcing the grand opening on Twitter this morning, Hoil spoke of the journey that has brought him from laid off construction worker to restaurant owner.

“Two years ago I lost my job. 6 months later [District Taco] was born. 1 1/2 year later i am Dreaming the American Dream! Yes, you can make it too!!,” he said.

Update at 10:00 a.m. — Just in case you needed another excuse to go, District Taco is offering a “buy one burrito, get one taco free” deal.

Developer Moves Forward With Clarendon Project

By ARLnow.com

The now-empty lot at the corner of 10th Street and Washington Boulevard near Clarendon is finally ready for some construction.

Thanks to a $48 million bank loan, local developer Ironwood Realty is moving forward with construction of a 163,000 square foot mixed-use building on the site, which was most-recently home to a CVS Pharmacy. Work is set to begin in the next 2-3 weeks, according to the Washington Business Journal.

When completed, the development — dubbed Garfield Park at Clarendon Village — will house 149 luxury apartment units, 20,000 square feet of retail space and nearly 300 underground parking spaces.

Ironwood is also apparently eying some sort of redevelopment of the triangular block near Clarendon Metro known as the Silver Diner block.

In addition to Silver Diner, the block is home to a large parking lot, a service station, a used car lot, the Doctors Building and another small office building.

We’re currently not sure about the extent of Ironwood’s plans on the block. A company official has not returned our phone call.

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Last Day for ABBIE Award Voting

By ARLnow.com

Today is the last day to help your favorite local businesses win an ABBIE Award. Online voting for the annual awards, which honor Arlington’s best businesses, ends at midnight.

ARLnow.com has been nominated for an ABBIE, under the category “Arlington’s Best Place to Learn Something New.” However, we’re facing tough competition from the category’s reigning champ, the Arlington Public Library system.

Our odds are especially long, considering that the library isn’t any old small business — it’s a large government entity with nine locations around town, dozens of staff members and thousands of customers — who receive its services for free. Plus, while the general public is limited to one vote per computer, ABBIE rules specifically state that publicly-accessible computers at the library are exempt.

Not that we’re complaining or anything.

Good luck to the nominated businesses and organizations in all 15 categories — even our own!

Ballston Looks to Improve Image

By ARLnow.com

Rosslyn and Crystal City are doing it. Now Ballston wants in on the action.

This weekend a group of large local property owners will ask the county board to advertise a public hearing on the creation of a Ballston Business Improvement District.

The Ballston BID would be responsible for marketing Ballston to potential businesses, residents and visitors. It is necessary, property owners say, to keep Ballston competitive with other fast-growing commercial office markets in the District and in Northern Virginia. (Such as Tyson’s Corner, which is a few years away from becoming Metro-accessible.)

“The common view is that Ballston is a ‘good’ place but, it is not yet a ‘great’ community — a goal all urban mixed-use communities need to achieve in order to remain competitive, attractive and sustainable,” the BID’s boosters wrote in a proposed business plan.

The BID, with an initial budget of just over $1 million, would focus on “improving the business climate through branding, marketing and events.”

Organizers say the BID would be similar in function to the Crystal City BID, which has been very active in beautifying the streets, working to attract new businesses and organizing events meant to showcase various desirable neighborhood characteristics.

Ballston BID supporters propose spending $186,000 on events, $205,000 on marketing and branding, and $300,000 on signage, including banners, a “gateway” and navigation aides. The BID would also create a new “fully interactive website.”

A large part of the BID’s mission will be to “enhance and sustain Ballston’s image as a premier live-work-play community.”

A common complaint about Ballston is a lack of reasons to stay past 5:00 p.m. on weekdays or to visit on weekends. As such, the BID would take steps to promote the neighborhood as “a place where visitors and employees will stay longer and enjoy the BID’s after-work and weekend energy.”

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Food Cart by Day, TV Crew by Night

By ARLnow.com

The Taco Carrito cart has been serving hungry Ballston office workers for nearly four weeks. But even regular customers may not realize that the people serving them tasty tacos and homemade Spanish-recipe guacamole have no culinary background whatsoever.

In fact, the reason why proprietors Don Stanke and Colleen Kenney never serve breakfast or dinner is because they work a completely different full-time job — the late shift at a local television station. Don and Colleen, who asked that their employer not be identified, say they came up with the idea for the cart two years ago at a bar, while discussing layoffs in the television news industry.

With so much uncertainty, why not start their own business as a fall back, they thought. Plus, it could be fun.

“I just thought it would be cool to be a vendor, to stand there and talk to people all day,” Don said.

Don, a news photographer, and Colleen, a tape producer, decided to launch a cart before they decided what to serve. With feedback from friends, they narrowed it down to pizza or tacos. Ultimately they decided on tacos, and set off researching the best recipes.

The cart originally launched last year and served Crystal City. All went well for two months, until Arlington police showed up with measuring tape and determined the cart was two feet longer than regulations allow.

“Rules are rules,” Don lamented, even though he says he was told by a health department employee that the extra length wasn’t a problem.

After selling that cart, buying a 20-year-old used cart that required restoration and customization, and getting their paperwork in order, the cart re-launched last month.

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