Outdoor dining is popular with visitors to Historic Bridge Street, but the city recently added regulations regarding setbacks to ensure public safety, reducing space for open-air seating at some establishments.
The Bridge Tender Inn and Dockside Bar, 135 Bridge St., Bradenton Beach, is currently out of compliance with the recently amended land development code that specifies a 25-foot setback for any business on Bridge Street that uses land adjacent to Sarasota Bay.
Previously, the LDC included a Bridge Street overlay district, which specified no restriction on setbacks for businesses with open-air dining.
The Bridge Tender’s waterfront seating — across Bay Drive from the restaurant — abuts the bayfront with no setback.
Prior to the amendment of the LDC, the restaurant was permitted by the city to have 24 seats and two service stations — all temporary structures — in the area abutting the water.
There was some debate between planning and zoning board members and Bradenton Beach city planner Alan Garrett regarding the status of waterfront seating at the restaurant.
According to Garrett, the Bridge Tender is not grandfathered for bayfront outdoor seating in the LDC because the restaurant did not seek necessary permits when the code changed.
P&Z chair John Burns disagreed with Garrett. He said that since the city approved the restaurant’s site plan, showing the tables, chairs and service stations abutting the water, the restaurant has the right to keep the seats. The issue of seating in the area must be addressed separately by code enforcement after the setback changes are made — if the city commission approves them.
“The city can’t take back what has already been given,” Burns said.
Garrett said the restaurant procured a title that unifies two parcels of land — the primary restaurant location and the service area across Bay Drive. The unification of title prevents the two parcels from being split and sold as separate entities, unless approved by the city.
In her presentation on behalf of the Bridge Tender to the P&Z Aug. 24, attorney Darenda Marvin asked that the waterfront setback be eliminated.
“A setback is generally something applied to structures and the seating and service areas here are moveable,” Marvin said. “The only relief that we are asking for is setback from tables and chairs” to the water.
She said the purpose of the Bridge Street overlay district was to promote activity in an area that serves as the “city center” and the LDC amendment to open-air dining is inhibiting.
Additionally, she said the upland area where the Bridge Tender serves on the water is 25-feet wide at its narrowest point. The setback would eliminate seating there.
Garrett objected to zero setback on the water, saying a compromise should be reached.
Burns asked Marvin if the current number of outdoor seats exceeds 24.
She said the number of seats on the water is not properly reflected by the city’s tax receipts, but the restaurant cannot address seating until the setback issue is resolved.
P&Z member Reed Mapes said his concern with changing the open-air dining regulations is that removing the setback on the water would possibly allow construction of a permanent structure in that area, with no setbacks.
“We would be giving them carte blanche and I think that’s wrong,” he said.
Garrett said a building is different from a structure. The only building on the property meets setbacks and the restaurant has no plans to build on the water, according to Bridge Tender owner Fred Bartizal.
“All we are looking for here is room for the tables and chairs, nothing permanent,” Marvin said.
During public comment, Bradenton Beach Mayor Bill Shearon said he is worried if setbacks on the bayfront are eliminated, the restaurant could add structures.
He also said there are no sidewalks on the east side of the road, forcing pedestrians to walk in the street. There should be provisions for a sidewalk to separate the road from outside dining, Shearon said.
There was no other public comment.
Based on the board’s discussion, Garrett recommended the LDC be revised to read that open-air dining areas, covered or uncovered, must comply with setbacks, with the exception of uncovered open-air dining areas on the water, which must have a 5-foot setback from the water.
P&Z board member Patty Shay motioned to recommend the amendment go to the city commission for consideration.
The motion passed 4-1, with Burns voting no.
The next meeting of the P&Z will be at 1 p.m. Wednesday, Aug. 31, at Bradenton Beach City Hall, 107 Gulf Drive N.