Ouray real estate future encroachment isses

Council Ponders Permits for Use of Sidewalks

Written by Gus Jarvis

Posted by Erin Eddy

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SIDEWALK USE – Town staff has been directed by the Ridgway Town Council to come up with permitting standards for the use of public sidewalks for patio seating. (Photo by Cecily Bryson)
slideshow Affects Businesses With Patio Seating for Patrons

RIDGWAY – A simple request to transfer a liquor license sparked a lengthy discussion of outdoor seating in public rights-of-way at the Ridgway Town Council Wednesday.

A number of businesses in town already have small patio tables on adjacent sidewalks, but the process for allowing such seating has largely gone unnoticed, until now. Council was asked to approve the transfer of a liquor license to Randy Gregory, who runs Randy’s Independence Café, and included in that request was the use of the sidewalk that runs parallel to Clinton Street.

Council granted the transfer request, but without the sidewalk provision – a situation they deemed needed further review, as the scenario will likely come before them again. Town Clerk Pam Kraft told council the owners of the Colorado Boy brewery, located on Clinton and Cora streets, will also soon be requesting the use of its adjacent sidewalks for patio seating.

At the center of Wednesday’s discussion was whether or not patio seating on the public right-of-way for restaurants and bars should be included in the actual licensing process or if it should be a part of a separate permitting process.

“I would be OK with it essentially being a permit,” Mayor Pat Willits said, adding that if the use includes the consumption of alcohol “it does deserve the opportunity for the public to comment.”

Most councilmembers and town staff agreed that a permitting process would be the best way to control individual situations, but left undecided how far the permitting process should reach. Should every business in town that has a table in the right-of-way be required to hold a permit? How does the consumption of alcohol change a particular permit? And is a measured encroachment onto a sidewalk allowable at a certain distance for all establishments?

According to the Ridgway Municipal Code, the use of sidewalks can be approved by town council as long as it does not obstruct or construct any other improvement or impede or obstruct normal pedestrian traffic. Furthermore, the code states: “Public and private uses of the public rights-of-way for location of equipment employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the Town must insure that the primary purpose of the right-of-way, passage of pedestrian and vehicular traffic, is maintained to the greatest extent possible.” It goes on to state that a permit is not required for minor encroaching structures, such as tables and chairs, authorized by council approval.

Still, Town Attorney John Kappa said on Wednesday that a permit would help the town keep control of any encroachments.

“The business of encroaching upon and using rights-of-way is very difficult to treat consistently,” Kappa said.

Council agreed, at least informally, that businesses would need to apply for a special use permit to use sidewalks for business purposes. The details of those permits are to be worked out by town staff in the coming weeks.

“What we are asking is for a special use permit and for you guys to come back with the standards,” Willits told staff to close the discussion.