This week, two downtown Montavilla businesses disassembled their outdoor seating structures with doubts about how they will rebuild. Active sidewalk construction on the west corners at SE 80th Avenue and Stark Street required the business owners to remove the parking lane dining areas. However, the new sidewalk design and shelter reconstruction costs may impede the return of covered seating.

Sidewalk construction at this intersection is part of the 70s Greenway Project that broke ground last month. This portion of the infrastructure improvement project will add new curb ramps, Rectangular Rapid Flashing Beacons (RRFB), improved stormwater handling, and crosswalk striping to the west side of this intersection. As part of this work, PBOT will reconstruct the corners and a segment of the sidewalks in front of two businesses, Tinker Tavern and Lazy Susan. The added pedestrian space makes the historically skinny sidewalks wider and shortens the crosswalk distance for people crossing the fast-paced road. The Portland Bureau of Transportation (PBOT) must remove a few parking spaces to accommodate the expanded sidewalks.

Eliminating parking capacity adjacent to these two restaurants will affect how the business owners implement their Healthy Businesses curbside seating. The extra space can accommodate some additional sidewalk seating. However, the extended sidewalk spans less than the entire width of the parking lane as the outdoor shelters once did. Replacement tables in that space will need to be smaller, seating fewer guests. On the north side of the street, plans call for a new tree well in the expanded sidewalk area. That is a welcomed addition to a section of SE Stark that is often too narrow for street trees, but that further limits the number of tables Lazy Susan can deploy outside their establishment.

The managers at both businesses are unsure what type of covered seating PBOT will allow them to construct on the expanded sidewalk, if any. Hannah Schafer, Communications Director for PBOT, echoed the uncertainty regarding outdoor seating at these two sites. The bureau is currently working on updated guidelines for this program with greater Americans with Disabilities Act (ADA) compliance requirements and site visibility standards. Whatever seating is reconstructed by Tinker Tavern and Lazy Susan will need to follow those currently incomplete rules.

The potential long-term loss of table capacity is of particular concern for the businesses since they have just started paying for outdoor dining permits. In September 2022, PBOT began charging for the parking lane seating options previously offered to restaurants without fee during the pandemic. The permit application costs $150, and a business pays an additional $500 per year for each parking space it occupies with outdoor seating. Schafer explained that the business owners could apply for a prorated refund of the paid fees, as this sidewalk expansion would remove the parking spaces used to determine the price they paid. However, the businesses are more intent on working with PBOT to restore their lost covered seating. Erik Mahan of Tinker Tavern said he could get by with picnic tables during the summer but will need the covered option before the weather turns to rain. Tim Soucie, General Manager at Lazy Susan, said they would have to play it day-by-day.

Regardless of their future layout constraints, Mahan and Soucie are frustrated with the timing of this work at the height of their busy season. During construction, Tinker Tavern will lose access to five of its nine outdoor tables. Lazy Susan is losing six tables. This diminished seating capacity will cause a short-term loss. Still, the business operators understand that road construction happens and hope workers complete the project before the Montavilla Street Fair in July. However, the cost of reconstructing the covered outdoor seating is challenging to absorb. Tinker Tavern allowed a customer to deconstruct their shelter and reuse it on his property. Mahan had nowhere to store it and knew it could not return to where it was before. Whatever covered area he rebuilds could cost as much as what he gave away. For Lazy Susan, reconstructing their covered seating will also be difficult, but they have no choice but to make the investment. “The cost of this whole project is detrimental to our business,” commented Soucie in an email to Montavilla News. 

The conflict between business operations in the public right-of-way and pedestrian infrastructure improvements is one of the challenges PBOT faces when crafting the bureau’s updated rules for this program. The City of Portland must improve accessibility and safety for its residents using sidewalks. However, taxes and fees collected from business help fund those initiatives. Schafer explained that PBOT recognizes each outdoor seating situation is unique and that new rules will require flexibility to balance business needs and pedestrian access. The degree to which these eateries can restore covered seating should illustrate how well the new guidelines support commerce and pedestrian needs.

Crews working for PBOT will continue building the infrastructure enhancements over the next month. Tinker Tavern and Lazy Susan will remain open during construction and provide limited outdoor seating as the construction activity allows. PBOT intends to work on finalizing the Healthy Businesses guidelines and present them to City Council over the summer. Only after that work completes will Tinker Tavern and Lazy Susan staff have a clear path forward for covered outdoor seating.

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