A downtown restaurant known for its beers can reopen its open-air window spaces and keep them glass-free until 10 p.m. each day, the Encinitas City Council decided Wednesday night.As we pointed out in August, people who buy high-density condos tightly wedged between a railroad crossing and a late-night bar scene have a lot of nerve to complain about noise. It seems the council majority agrees.
In a split 3-2 vote, with Mayor Teresa Barth and Councilwoman Lisa Shaffer opposed, the council reaffirmed a recent city Planning Commission decision and rejected an appeal filed by several nearby homeowners.
The council’s decision allows the Bier Garden restaurant on Coast Highway 101 to return to the open-air look it had months ago — before the city discovered the newly opened business didn’t have a permit for those special window spaces and ordered them closed.
The council majority said the Pacific Station residents should have known they were in a noisy, urban area before they moved in — it’s mentioned in the housing purchasing contracts they signed.A two-bedroom condo conveniently overlooking the Bier Garden can be had for $975,000.
“There is a difference between living in downtown and living in an area that is not in a commercial area,” Councilman Tony Kranz said.
It was a 3-2 vote, with Barth and Shaffer opposed. It's nice to finally see some dissent in council votes. It's a long-absent sign of independent thinking.