Salsa 17 Restaurant, located at 17 W. Campbell Street, has submitted an application for outdoor dining on the public alley located south of Campbell Street between their restaurant and the adjacent apartment building and on the public sidewalk along the Campbell Street frontage of their restaurant. Chapter 28, Section 5.1-14.2 allows the use of public sidewalks for outdoor eating cafes subject to certain criteria.  In the event that alcoholic beverages are to be served on the public sidewalk, the Village’s process requires review and approval by the Village Board. 

Current Proposal 

Salsa 17 is proposing to locate 15 two-top tables along the public alley between their restaurant and the apartment building to the east.  Salsa 17 is also proposing three tables along their frontage on Campbell Street. 

In order to accomplish this, Salsa 17 is proposing the following modifications to the alley: 

1. Removal of landscaping on both sides of this existing walkway. 

2. Installing brick pavers on each side of the existing walkway that is currently unpaved.The existing walkway will remain as is. 

3. Salsa 17 will delineate the dining area through the use of raised planters which will be located in the alley at the ends of the dining area and two in the center for a total of six raised planters. 

Last year, Salsa 17 presented a plan to remove the existing walkway and completely repave and re-grade the alley.  Four- top tables were proposed on the west side of the alley adjacent to Salsa 17. Salsa 17 chose not to move forward at that time due to the costs of repaving the alley and concerns about the length of the License Agreement, which was one year. 

This year, Salsa 17 is proposing to keep the existing walkway within the alley “as is” and infill with pavers on each side in order to allow for two-top tables on both sides of the walkway. The plan submitted by Salsa 17 provides for the two-top outdoor dining tables immediately adjacent to their building and adjacent to the neighbors building to the east, with the required five foot walkway down the center of the alley between the tables.  

During Department review several concerns were evaluated: 

1. Emergency Access – The Building Code requires that a five foot walkway must be maintained at all times for emergency egress for Metro Lofts, the apartment building to the east and other adjacent properties.  In order to ensure that the five foot walkway remains clear, Salsa 17 will not be allowed to place server equipment such as holding trays, in the walkway and they must maintain at all times the required five foot ingress/egress emergency exiting requirements.  The License Agreement contains a provision that permits the Village to limit the use of some or all of the alley should maintaining the five foot walkway become a problem. 

2.Drainage –The current modified plan proposes to infill the existing planting areas to accommodate two-top tables.  Last year, the plan proposed to re-grade and repave the entire alley. Engineering has expressed possible drainage concerns with infilling the planting areas and has requested that planters be provided to help alleviate the drainage concerns. The Petitioner is proposing six small planting areas. If the modifications to the alley negatively impact drainage to the adjacent property, the Village may request the removal of any modifications to the site. 

3. Noise - Last year, the plan included four-top tables on the west side of the alley adjacent to the restaurant.  The current modified plan includes two-top tables on both sides of the alley. Staff requested that Salsa 17 talk to the neighbor regarding the proposed outdoor dining proposal.  Salsa 17 has indicated that they met with their neighbor to discuss the outdoor dining plan and the neighbor did not express any concerns. The License Agreement contains a provision that permits the Village to limit the use of some or all of the Site should the Village receive complaints of excessive noise.     

Salsa 17 has provided the appropriate insurance provisions and executed the License Agreement. The intent behind the modified outdoor dining requirements approved by the Board in May 2014 is to encourage additional restaurants to avail themselves of outdoor dining opportunities. Outdoor dining increases the economic viability and ambiance of the Downtown and restaurants.  

Recommendation 

It is recommended that the Village Board approve the attached Resolution Approving a License Agreement with Salsa 17 Restaurant.