Commercial pergola request at 144 S. Union tabled after liability and access concerns

The board considered a petition to place a permanent pergola on a commercial property at 144 South Union (owner Noah Heron, Cone Holdings LLC). Contractor Ross Atterbury, representing Smart Pergola, described the site's constraints: the building and existing encroachments sit largely within the drainage easement and the proposed pergola would provide year‑round patio seating for a restaurant. Atterbury said the owner is working on an access arrangement with the adjacent property owner and that the pergola could be pulled back to the owner's property line if necessary.

"There's no way to put any outdoor seating structure on that property because the entire building is inside of the drainage easement," Atterbury said, arguing the proposal reflects longstanding use and access patterns. Board members raised concerns about permanent footings in the easement, potential need to remove the structure for maintenance or emergencies, cost of removal, and liability for loss of business. The surveyor recommended denial but the board instead voted to table the petition so the owner can review liability conditions and options to make the structure more readily removable. Staff and the applicant agreed to meet and return with revised design options and owner agreements.