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Board to Discuss Outdoor Seating Changes After Westover Beer Garden Troubles

After the recent fight over the Westover Beer Garden’s outdoor seating, the Arlington County Board will consider some changes at its meeting next month.

Under a plan put forward by staff, the County Board could review the seating capacity and hours of piped-in music in outdoor seats governed by a use permit, like the Westover Beer Garden, on a case-by-case basis. It would mean the Board can approve exceptions to the rules of a use permit individually.

Standards that cannot be modified under a use permit include parking requirements, the use of portable lights and furniture and tying their opening hours to the attached restaurant’s.

The beer garden at 5863 Washington Blvd ran into difficulties earlier this year when it tried to add to its outdoor seating as county use permits expressly forbid having more outdoor seats than indoor seats.

That stands in contrast to the just-open Continental Beer Garden in Rosslyn, which has many more seats outside than inside and can do so because it went through a site plan process, which requires County Board approval and is much more involved than a standard administrative permit process.

Similarly, the proposed beer garden known as “The Lot” in Clarendon would need to go through a site plan process to ensure it can have more seats outside than inside under the current rules.

Staff said outdoor seating cannot be considered as permanent seating for a restaurant, and must continue to be treated as an optional extra.

“Because it is an accessory use, an outdoor café is not considered a permanent expansion of a restaurant’s seating capacity, as it is a transitory use which provides patrons with additional seating options on days with pleasant weather,” staff wrote. “The accessory outdoor café also goes largely unused during periods of cold, snow, and rain.”

The County Board voted unanimously Saturday to hold a public hearing on the subject at its November meeting. Staff will make a recommendation on whether the Board should adopt the changes beforehand, with the Planning Commission also set to weigh in.

Photo via Facebook.

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