List of Confirmed Violations by Volunteer Park Café since 2006

26 Oct

Staff not permitted to serve (ie: carry out) anything to sidewalk customers. No alcohol at all is permitted outside 'grocery' space.

Volunteer Park Cafe has been open for more than 4 years without the required zoning permit.

  • This includes nearly one year since the City identified it as a violator.
  • The City is allowing the restaurant to stay open until it resolves it’s current land-use violation.

In May, 2010, VPC stated publicly, “We are not in violation and are legally compliant. We just need to change our non-conforming use.”

  • The statement followed directly VPC’s zoning violation from The Department of Planning & Development (DPD).
  • At that time, we knew only that VPC was operating outside its nonconforming use of “grocery.”
  • We have since learned that  VPC has a long list of land-use violations.

Reading it can be disorienting, especially for those who experience VPC solely as a well-looked-after customer. We have documentation for every claim.

1. No Use Permit

  • VPC opened as a restaurant without obtaining the necessary land-use approvals.  in other words, VPC has operated illegally since the day they opened.
  • Their current location, 1501 17th Ave. E., is part of a Single Family 5000 zone (single-family residences on lots no smaller than 5,000 square feet).
  • City of Seattle Land Use Code allows “non-conforming” uses under certain conditions.
  • The only business approved for 1501 17th Ave E. is a grocery; this non-conforming use applies only to the inside of the first floor of the building.
  • The second floor and back yard are ‘residential,’ in keeping with neighborhood zoning and land-use.
  • VPC is currently seeking a land-use change to allow ‘restaurant’ use of the first and second floors of 1501.

2. No Building Permit

  • VPC made changes to the interior of the building, including construction of a new commercial kitchen.
  • Permits helps ensure that fire safety and other codes are being met.
  • Fire safety is one of our primary concerns, given the occupied residential units above the restaurant, and the proximity of VPC to our homes.

3. No Sidewalk Permits

Sidewalk tables ready for standard but illegal dinner service.

  • When it opened in 2007, had no SDOT permit for sidewalk seating.
  • Soon after opening, the restaurant began serving food and alcohol on the sidewalk front of the restaurant’s entrance.
  • VPC applied for sidewalk permits in the spring of 2010. SDOT turned down the request.
  • In August, 2010, VPC obtained sidewalk permits.
  • VPC now has two (2) Street Use permits.
  • One is granted for the area directly in front of the building’s entry on 17th Ave. East. The second is for the stretch of the building that runs along Galer.

4. Misuse of Sidewalk Permits

  • Both permits (Use Code 14B) have the following restrictions:

¤ A maximum of four tables; two chairs each, open to the public.

¤ No alcohol permitted.

¤ Pedestrian passage of 5’-0” maintained at all times.

¤ No service of food or beverage permitted.

  • Through the summer of 2010, VPC’s standard sidewalk set-up used all tables and chairs on the front sidewalk (17th Ave. E.).
  • This set-up violated the required 5-foot passage.
  • VPC served lunches and dinners, including alcohol, in clear violation of the SDOT permit.

5. Misrepresentation on application for liquor liscence.

  • VPC stated incorrectly that they were a legally permitted use.
  • VPC failed to disclose their proximity to a school as required under the law.

6. In early 2010, VPC began building a patio area in the backyard with a clear intent to use it for commercial purposes.

  • Again, VPC did not seek the necessary land use approvals.

Oct. 12, 2010: illegal commercial use of back patio.

7. Use of Patio after DPD Warning and Violation Notices

  • Despite full knowledge as of spring 2010 that the patio could not legally be used for commercial purposes, VPC held backyard events on at least 3 occasions over the summer.
  • At this time VPC had not legalized their restaurant, let alone obtained legal land-use for commercial use of the patio.
  • Violations continued even after VPC submitted the application stating that they did not plan to use the patio for commercial purposes.

We have always been willing to live with — and enjoy — a legally compliant 40-seat restaurant, despite VPC’s impacts involving noise, traffic, parking, cooking odors, garbage overflows and more.

We’re not willing to live with the possibility of 30 more seats on a patio or use of the 2nd floor, and the ensuing greater impacts on our families.

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