Developer agrees to do the following:

1)  Maintain an outdoor smoking area only at the corner of the property

2)  Landscape the area between the first neighbor and the entrance

3)  Place the first table of the outdoor café more than 20’ away from the Erie Street neighbor’s stoop.

4)  Build an extra wall with a space between the new wall and the original wall to help sound proof for the neighbor on the Erie side of the building. 

FAQS given to the HPNA

Michael Hrdlovic and Camillus (Cammy) O’Callaghan would like to open a restaurant at 223-225 Pavonia.  They would be leasing the space for approximately 15 yrs and the restaurant/bar would seat approximately 90 inside and 75 outside.  The space is not zoned to be a restaurant so they would need to obtain a zoning change and a liquor license.

Michael Hrdlovic is currently operating Dorrian's Restaurant/Bar in Newport Jersey City.  He has been working there for the past 11 years with Cammy O'Callaghan.  Michael lives in Hamilton Park and welcomes everyone to come and visit Dorrian's to see how they operate their establishment.

The liquor license must be renewed every year and the owner would need to have the school approve of it. (see ordinance below)

The landlord could be granted restaurant zoning by way of the “Restaurant Overlay Zone”.  Several Downtown Neighborhood Associations are concerned about this method because they consider it “spot zoning” and feel that it will set a precedent for other neighborhoods to have a restaurant/bar dropped in whenever a developer wants to. (see ordinance below)

As of today we do not know what time the outdoor café and the restaurant will be permitted to stay open until.  The developer says that it all depends on the Zoning Board and that they are willing to work with the neighborhood on this issue.

The developer could also apply sound proofing panels for the Erie Street neighbor but has not guaranteed to do so.

ABOUT RESTAURANT OVERLAY ZONES

The placement of any property in a restaurant overlay zone follows the usual procedure of any Zoning Change of a recommendation by the Planning Board and adoption of an ordinance adopting the Zoning by the Municipal Council.  Since this property is within a historic district the Planning Board could refer any proposed changes in zoning to the HPC for review and recommendation.

Ordinance:

Ch. 345.60.T.

1. Restaurant Overlay Zones (ROZ) shall apply to the areas depicted on the Jersey City Zoning Map. The ROZ is intended to apply as an overlay, which means that it applies an alternative zoning pattern when and if chosen by the property owner.(N.B. AFTER ADOPTION OF AN ORDINANCE BY THE CITY COUNCIL) Within a ROZ, existing zoning regulations continue unchanged. The application of ROZ zoning provides for a new, additional permitted principal use restaurants.

2. Restaurant Overlay Zoning Regulations. [Amended 1-25-2012 by Ord. No. 12-002]

a. Permitted Principal Uses.

i. Restaurants, category one and two.

b. Permitted Accessory Uses.

i. Sidewalk Cafés (subject to the provisions of Chapter 296, Article XII, Sidewalk Cafés).

ii. Live entertainment subject to issuance of a "Restaurant Entertainment License" by the Division of Commerce and the restrictions as to decibel level, hours of operation, and location of entertainment providers attached to that license (see Ordinance #12-001).

c. Minimum Building Separation.

i. No setback from any lot line shall be required for existing structures that are not to be enlarged. However, in the event that a separation of structures exists, or is proposed in the event of new construction, the minimum distance between any rear wall of a building proposed for a ROZ restaurant use and any rear wall of an adjacent building containing any residential uses shall be fifteen (15) feet, as measured from building face to building face, except in the case of corner lots, where no minimum or maximum separation shall apply.

Regarding the liquor license transfer and distances between licensed restaurants:

§ 84-6.3. - Restaurant Overlay Zones. [Added 9-8-1999 by Ord. No. 99-121]

Anything herein contained to the contrary notwithstanding, any plenary retail consumption license may be transferred to any premises located within a duly designated Restaurant Overlay Zone, as defined and designated in Section 345-56 and depicted on the Zoning Map of the City of Jersey City, without regard to the distance restrictions between licensed premises contained in this chapter. (NB Which I believe to be 750 ft.)

LIQUOR LICENSE WAIVER

NJSA 33:1-76 explains the footage requirement away from a school and the term (renewable every year for 15 years) NJSA 33:1-76.2

33:1-76. Sales within 200 feet of church or school prohibited; waiver; exceptions

 Anything to the contrary hereinbefore notwithstanding, and for the benefit not of property but of persons attendant therein, no license shall be issued for the sale of alcoholic beverages within two hundred feet of any church or public schoolhouse or private schoolhouse not conducted for pecuniary profit, except to manufacturers, wholesalers, hotels, clubs and fraternal organizations which owned or were actually in possession of the licensed premises on December sixth, one thousand nine hundred and thirty-three. The protection of this section may be waived at the issuance of the license and at each renewal thereafter, by the duly authorized governing body on authority of such church or school, such waiver to be effective until the date of the next renewal of the license. Said two hundred feet shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church or school to the nearest entrance of the premises sought to be licensed.

 The prohibition contained in this section shall not apply to the renewal of any license where no such church or schoolhouse was located within two hundred feet of the licensed premises as aforesaid at the time of the issuance of the license, nor to the issuance or renewal, or both, of any license where such premises have been heretofore licensed for the sale of alcoholic beverages or intoxicating liquors, and such church or schoolhouse was constructed or established, or both, during the time said premises were operated under said previous license.

33:1-76.2. Plenary or limited retail distribution licenses; renewal on annual waivers for 15 or more years; effect

 Notwithstanding the provisions of Revised Statutes 33:1-76 if a plenary or limited retail distribution license has been or shall be granted on a waiver of its protection granted on authority of a church or school, and such license has been, or shall have been renewed on authority of annual waivers by the church or school for 15 or more consecutive years, the holder of such license shall thereafter be entitled to apply for renewal or reissuance thereof without further or renewed authority, or waiver, of the church or school; but the renewal or reissuance of such license after a revocation, shall not be permitted without a new waiver granted on authority of the church or school.