Perrysburg City Council granted a special use permit Tuesday to 5th Street Pub for its outdoor patio after the pizza joint was denied its use by the Perrysburg Planning Commission in March.
Along with the special use permit, approved with a 6-1 vote, there were compromises agreed upon by 5th Street Pub owner Geoff Kies. He agreed that the number of customers on the patio will be reduced to 24 from 49. He also will close the patio at 9 p.m. Mondays through Thursdays, and 10 p.m. on Fridays and Saturdays. When school is in session those times will be a hour earlier, he said.
"I live in the community, I don't think it'd be right for me to make a bunch of noise at night. I also don't think it is right for them to control my business," Mr. Kies said. "My personal opinion is this is the ultimate situation for compromise."
Six neighbors spoke against the permit at a public hearing before the council meeting Tuesday.
"The law says that no special permit can be used if it deteriorates the adjoining land owners," Tonya Motter, a neighbor of the pub located at 105 W. 5th St., said to council. "That is the law. Please enforce it."
Several other neighbors complained about hearing profanity late at night.
Mr. Kies, who lives three blocks from the pub, plans to enclose the patio Sept. 30 to lower the noise. Perrysburg Law Director Mathew Beredo said Mr. Kies would no longer need the special use permit if the enclosure is approved by the planning and zoning department. Mr. Kies said he would still close the windows at the same times he agreed upon and would not have loud music playing on the patio.
Council member Todd Grayson voted against the permit. He agreed with the passing of the permit, but wanted to have an expiration date for this fall placed on it to ensure Mr. Keis kept his word to enclose the patio.
"I'm satisfied with the conditions as long as they're complied with," Council member Tim McCarthy said.
Mayor Nelson Evans told neighbors concerned about noise to call the police during a disturbance. Neighbor Josh Alkire questioned that there are laws on the book that the city couldn't enforce without noise detecting devices. Mayor Evans said officers enforce it based on their own discretion and on the number of complaints they receive.