Ordinance addresses making outdoor dining areas permanent

In 2020, Bradenton Beach commissioners allowed establishments to temporarily expand their outdoor seating areas due to COVID-19.

BY JOE HENDRICKS

SUN CORRESPONDENT | jhendricks@amisun.com

BRADENTON BEACH – The city’s Planning and Zoning Board recommends city commission approval of an ordinance that would amend the setback requirements for open-air dining areas.

The planning board made its recommendation on March 1. The proposed ordinance included two land development code (LDC) amendments that would make it easier for restaurants and other establishments to make permanent the temporarily expanded outdoor seating allowances the city commission granted in 2020 and continued in 2021 in response to the COVID-19 pandemic.

The allowances are expected to expire at some point this year and the commission has encouraged establishments using the allowances to take the necessary steps to make their expanded open-air seating areas permanent.

Wicked Cantina owner Michael Dolan is the first business owner seeking to make his temporary expanded outdoor dining area permanent. Other business owners, including Bridge Tender Inn owner Fred Bartizal, are expected to engage in similar efforts before the temporary COVID allowance expires.

The proposed setback amend- ments are set forth in Ordinance 23-547 and would amend sections 308.20.7 and 308.20.11 of the land development code. Section 308.20.7 of the proposed ordinance contains the following new language: “Openair dining areas located under awnings or roofed structures shall be subject to the minimum setback requirements for the structure. Open-air dining areas not located under awnings or roofed structures shall require a five-foot setback from all property lines, including from Anna Maria Sound and Sarasota Bay, including chairs, tables, umbrellas and other equipment.” Section 308.20.11 of the proposed ordinance contains the following new language: “Where open-air seating is approved, the number of permit- ted seats shall be documented on a site plan approved and maintained by the city.”

Over the past several months, the Planning and Zoning Board has discussed and debated whether the land development code would require Wicked Cantina’s permanently expanded outdoor dining area to be set back 25 feet from the Gulf Drive right of way.

During past discussions, Dolan said the 25-foot setback requirement would require the existing expanded dining area to be relocated further to the east, which would result in the loss of parking spaces and would impact other improvements Dolan plans to make.

In February, Planning and Zoning Board members convened as the zoning board of appeals to make a formal interpretation of the somewhat ambiguous LDC language that currently applies to open-air dining setback requirements for establishments not located in the Bridge Street overlay district. The planning board interpretation cleared the way for the proposed ordinance to be presented to the planning board on March 1.