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Neighbors tell working group Eighth Street wine shop’s sidewalk setup risks ADA noncompliance
Summary
Eighth Street Wine Cellar representatives and nearby residents clashed over whether its proposed sidewalk seating can meet ADA rules and service-from-within requirements; the committee closed the public hearing and asked the applicant for precise, dimensioned plans.
Neighbors and the applicant for Eighth Street Wine Cellar (28 West Eighth Street) clashed at the Sept. 9 outdoor dining meeting over ADA access and how staff would serve patrons from an outdoor perimeter.
Resident Cormac Flynn, who said he has lived on Eighth Street for nearly 60 years, told the committee the wine shop had placed tables in the curb area earlier in the season and that some operators on the block began using curb space informally after the pandemic. "They began to put out a setup that was out of their footprint and out of compliance with strips of tables and chairs along the curbside," Flynn said. He urged the working group to require a site plan showing a service model that keeps staff and service inside the licensed perimeter.
Applicant Jonathan Cohen, representing Eighth Street Wine Cellar, said the business has been on the block for more than 18 years and wanted to return to a configuration that would allow a few sidewalk tables. Cohen supplied photographs and a plan but the committee heard that an existing stairwell and railing in front of the storefront intrude into the required clear path, and that the site’s configuration would make staff service from within the approved perimeter more difficult.
Members of the working group explained a core rule: "A licensee must ensure that employees serve patrons solely from within the perimeters of such sidewalk cafe or roadway cafe," and that the clear path (10 feet in regional corridors) cannot be used as a service corridor.
The committee closed the public hearing on the application and asked the applicant to submit a fully dimensioned plan that shows how staff would enter and serve within the perimeter without crossing into the clear path. The group noted that if the plan requires patrons or staff to move through the clear path to access seating, DOT and ADA requirements would not be met.
Why it matters: ADA access is a legal obligation and a major community concern. The committee will not advance applications that do not show an accessible route into the cafe area and that propose service models that require staff to circulate through the city's pedestrian clear path.
Ending: The applicant was invited to return with measurements and a revised service-flow diagram. The working group recorded the request as part of its technical modifications and will review a revised plan in a future session.
