Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, April 5, 1995 TAG: 9504050079
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
SOURCE: DAN CASEY STAFF WRITER
DATELINE: LENGTH: Medium
The owner of the downtown restaurant Tuesday was granted a variance by the Roanoke Board of Zoning Appeals that essentially lifts a stop-work order imposed on an addition to the diner.
The 3-1 decision came after an hour of contradictory testimony by restaurateur Spanky Macher and a city building inspector over whether the city had OK'd the 600-square-foot addition and whether it ordered work on it to stop.
After it was all over, about the only things members could agree on were that they were confused and that they wanted to get the issue off their agenda.
"Mr. Macher, next time the building department says to stop work, I think it would advisable for you to stop work until this matter is cleared up," Chairman Elwood Norris said.
The $30,000 addition will add about 15 seats, a bar area and a bathroom that can be used by handicapped patrons to the 145-seat Jefferson Street diner.
Macher said the city approved plans for the addition as part of his development plan last November. But zoning officials countered that they approved only renovations to the old building, not the addition.
City Building Inspector Janet Perry said she issued an oral stop-work order on the addition on Jan. 17 and followed it with a formal order less than a month later when she realized her oral order had been ignored.
But Macher denied the oral order was issued and said the delay was affecting business.
"I'm almost out of business now because I don't have alcohol. You get the lunch business and that's it," Macher told the board. He can't get a liquor license until the bar is finished, and he can't finish the bar until work on the addition resumes.
Asked after the hearing whether business was that bad, Macher said "no. That's what I told them in there. Business is strong." But there's a lull after evening dinner hours, he added.
Macher in February successfully battled City Hall in the court of public opinion over installing the earringed, tattooed Big Boy statue on the diner's roof.
City zoning officials said they'd told him for months that it would violate the city's sign ordinance, but he went ahead and put "Bad Boy" up anyway.
After a groundswell of public opinion in favor of the statue, City Council called a truce and said it would delay enforcement of the ordinance pending possible changes.
Macher responded by promising to take another statue, "Downtown Joe," off the roof after he installed a dancing girl statue up there.
On Tuesday he said he's changed his mind.
"I decided not to [take Downtown Joe] down. I'm going to leave it. I didn't mean to lie to you," he said.
by CNB