Planning commission approves extended indoor hours for Max Barge, limits outdoor seating times

The Norfolk Planning Commission on Aug. 28 recommended approval of conditional use permits for the restaurant formerly known as Max Barge at 4300 Colley Avenue, allowing the business to operate indoors until 2 a.m. seven nights a week while requiring outdoor seating to close earlier and additional noise-mitigation measures.

The change matters because neighbors and civic leagues previously complained about loud music and late-night noise from the site; the commission balanced those concerns against the applicant’s argument that later hours are important for the business’s viability. Staff had recommended a midnight indoor closing time and a two-year sunset on entertainment approvals; the commission approved a modified package that extended indoor hours to 2 a.m., limited outdoor activity, and retained other staff conditions.

Planning staff said the site is zoned CC (Community Commercial) and that a conditional use permit (CUP) is required for live entertainment, extended hours and some alcohol sales. The property’s maximum occupancy under the applicant’s submissions is 354. Staff noted that state Alcoholic Beverage Control rules prohibit sale of off-premise alcohol after midnight; the final conditions reflected that limitation and the commission kept the staff-recommended restrictions tied to state rules. The record shows the applicant sought a 2 a.m. indoor closing and extended outdoor hours; commissioners modified outdoor hours to an earlier schedule.

Under the approval the commission voted to: allow indoor operations until 2:00 a.m. seven nights a week; require outdoor seating to close at 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday; require rolling/garage-style doors that face the water or rights-of-way to remain closed after 9:00 p.m. whenever amplified entertainment is offered; and keep staff-recommended conditions including a two-year sunset on entertainment allowances and security/camera requirements outlined in the staff report.

Applicant Andrei Sakhanov told commissioners he operates the Fishbones restaurant in Virginia Beach and said he intends to be a “responsible business operator” and to keep the garage doors closed when amplified entertainment is held. “My goal is to create a safe, welcoming, family-friendly restaurant that benefits both Highland Park and Colonial Place communities,” he said during his presentation.

Commission discussion focused on consistency with other nearby conditional-use hours, the history of complaints tied to the previous operator and enforceability of conditions (security staffing and camera retention). Staff told the commission it recommends storing exterior camera footage for 30 days; the applicant had asked for a shorter retention period but the commission maintained the staff standard. Staff also repeated that occupancy and ABC rules constrain off-premise alcohol sales.

The commission voted to recommend approval of the CUPs with the listed modifications; the recommendation now goes to city council for a final decision. The motion recorded commissioners Pendleton, Phan (Van), Wells, Young, Wibley and Bateman voting in favor and Commissioner Sutter voting no.

Looking ahead, the application will be scheduled for city council consideration where the council will take the final action on the CUPs and any related conditions.