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comment   post to delicous
April 25, 2007

it was better as a fish market?

The long-anticipated restaurant now named Que Pasa?, at 25th and M Streets, is ready open but is being held up by the city. They are asking for your support: stop by and sign the petition, and contact the city to let them know of your support.

John Sanchez, a neighborhood resident, has been working for over 2 years to convert the former low-end fish market into a sit-down restaurant serving food from Cuba, Puerto Rico, and South America. The labor and time spent are apparent in the quality of the renovation. The restaurant is ready to go, except that the city refuses to provide a Certificate of Occupancy due to what appears to be internal disagreements about parking.

As a sit-down restaurant, the business is required to have a certain number of parking spots available. To meet this requirement, Sanchez has arranged to rent parking spots from the city-owned EDI directly across M Street. This was an arrangment agreed to by the Mayor and approved unanimously by the City Council. As the restuarant will only be open evening and weekends, when demand is low at EDI, this should not be a problem.

The newish Commissioner of Buildings for the Department of Community Development, Art Dahlberg (scroll to the 2nd bio)(Dahlbead@ci.richmond.va.us, 646-6624), has apparently decided that this arrangement is illegal, and will not issue the Certificate of Occupancy.

Sanchez is asking that you stop by the restaurant and sign their petition, and to contact Dahlberg and Mayor Wilder (wilderld@ci.richmond.va.us, 646-7970) to register your support for the opening of the restaurant.

Posted at 8:13PM under Church Hill, community, government, redevelopment | Tags: ,

108 Responses to “it was better as a fish market?”

  1. posted by Magneto at April 26, 2007 10:00 am :

    This is absurd! I’ve emailed Mr. Dahlberg and the Mayor and will hopefully sign the petition this evening. The automobile isn’t the only way to get around in the City! Why the heck do they require so many parking spaces? This clearly points out the many flaws in the City Code and the need for their updates to allow for greater flexibility with economic development. Otherwise, all we’re going to see is more vacant/abandoned storefront commercial buildings being converted over to residential uses, which is unfortunate.

  2. posted by Beth MacKinnon at April 26, 2007 10:08 am :

    I just wanted to drop in and say THANK YOU! John and I have worked hard to get this up and running, but we still can not do it without your help. We are there every evening from 5:30pm to 9pm and all day all night on the weekends. Please feel free to stop by and have a beer….we can give ya one, just can’t sell it to you (yet…) Thanks again for everything!

  3. posted by Magneto at April 26, 2007 10:15 am :

    And another thing: The same parking lot in question is also the same parking lot where my sister and I were escorted (aka abducted at gunpoint) and taken to the City EDI’s ATM to give our assailant $500. Perhaps this never would have happened if such a parking arrangement had been made and evening business activity was ongoing.

  4. posted by Another casualty of our addiction to cars « Urban Richmond? at April 26, 2007 10:21 am :

    [...] Hill (25th and M) is being held hostage by our society’s addiction to cars. According to church hill people’s news, Que Pasa- a Cuban, S. American, and Puerto Rican restaurant all rolled into one- is simply [...]

  5. posted by Loz2Hi at April 26, 2007 12:10 pm :

    If a Certificate of Occupancy requires 15 parking places then how do places in the Fan have such a certificate! I don’t understand why the City gives individuals such as John a hard time. This people are assisting the City renovate the areas and inspires growth. Richmond will never be the City we have been promised by leadership if this continues to go on!

  6. posted by tim at April 26, 2007 12:15 pm :

    Liz and I live just around the corner and we’ve been waiting for this restaurant to open for what seems like ages now. I can’t believe its being stopped because of parking! Which leads me to ask, does anyone know how this is even figured? How do the restaurants in the fan manage to get around this?

  7. posted by Magneto at April 26, 2007 1:32 pm :

    I think restaurants in the Fan get around it because of grandfathering issues since they were restaurants/bars/pubs before these parking requirements in the Code were even created and that they have remained in use continuously. If they ever became vacant or were switched to a different use (requiring City approval), then they would be required to meet the current parking requirements.

    The parking requirements are pretty standard and are based on allocating X number of parking spaces per however many square feet of space will serve that building’s particular use (restaurant, convenience store, law office, etc.). It is my assumption, and I don’t think I’m too far off, that the parking requirements in the City are similar to those of the lovely automobile-oriented restaurants plaguing West Broad Street in the West End. I have actually looked at the Code, so I could be wrong, but I think I’m making a pretty safe assumption.

  8. posted by C at April 26, 2007 1:41 pm :

    N 25th street is a CARE street (Commercial Area Revitalization Effort (CARE) Program)

    Perhaps the city needs to consider adding a parking clause to its incentive program along with the other incentives for this street. I know its not the quick fix we all want but if all else fails I guess.

  9. posted by NK at April 26, 2007 1:45 pm :

    My understanding is certain areas in the fan are exempt from the parking code. I believe the code requires 1 space for every 100 sq. ft. Church Hill has no such exemption. Other businesses in the area, like the Hill Cafe, have been around longer than the code has been in place and are therefore grandfathered in. I am no expert on this, but I think there is also a zoning issue. The current zone for that building states the parking must be within 300’ and you can only rent spaces from other business.

    It is a shame there is so much red tape to cut through, but I think part of the reason is the city trying to protect the area from unchecked commercial development. Meanwhile, the area is booming, and no one at the city seems to care how the area is developing. It seems as thought the city has no plan for Church Hill, just a bunch of mismatched historical zones and rampant residential redevelopment. It’s not really the type of progress I like to see, and it’s too bad when something nice comes along there isn’t an easier approval process.

  10. posted by C at April 26, 2007 1:56 pm :

    JOHN AND BETH PLEASE READ THIS!!!!!

    I came by your place yesterday and signed the petition but just didn’t feel that that was enough. I called the CARE contact (Denise Lawus) and talked to her about your issue. She asked that you email her Denise.Lawus@richmondgov.com and arrange a meeting. She stated that she would try to negociate with Art Dahlberg!!! She really wants to help. I will come by to night and relay this message again in case you don’t see it.

  11. posted by Howard at April 26, 2007 2:00 pm :

    I am a retired contractor (HVAC) but when I was active we quit doing business in the city of Richmond around 1995 because of problems with the building department. We called them the permit Nazis. We never had any were near the problems in the surrounding counties or the rest of the state for that matter. We could always work out problems in other jurisdictions but in Richmond it their way or the highway and “their way” could change from day to day not to mention job to job.
    It’s a shame that Richmond can’t run a well organized building department, I wonder how many other contractors won’t do business in the city. I know there were others beside us.

  12. posted by Beth MacKinnon at April 26, 2007 2:08 pm :

    C….this is really helpfull..I have allready e-mailed her. Thank you Thank you Thank you!!!!! You all are so wonderfull!!!

  13. posted by Howard at April 26, 2007 2:10 pm :

    I might be wrong but if the mayor & the city council agreed to rent parking spaces to the restaurant. Art Dahlberg (Building Department) should not be making a legal decision for the city. That’s the jurisdiction of the cities General Attorneys office. It looks like to me he is opening the city up to a lawsuit.

  14. posted by GRRRRRR! at April 26, 2007 2:34 pm :

    Hang in there, John. I’m behind you. Don’t let these folks get you down. I think the city will do the right thing and you will get your CO–trust me.

  15. posted by Melissa T at April 26, 2007 2:38 pm :

    Beth, My husband and I have been eagerly awaiting the opening of Que Pasa. We live on N23rd St. and the restaurant is right down the street from us. We have watched the renovations and both agree that the restaurant looks beautiful. Please count us in for support.

  16. posted by jc at April 26, 2007 3:05 pm :

    This property is in an urban business zoning district. The city’s intent of this zone is to, “encourage business areas with a densely developed pedestrian-oriented urban shopping character, compatible with adjacent residential neighborhoods, and with minimal disruption from vehicle-oriented land uses and features that would detract from a safe, convenient and economically viable pedestrian environment. The district is intended to promote continuity of storefront character along principal street frontages, with minimum interruption by driveways and vehicle traffic across public sidewalk areas. The regulations within the district are intended to preserve the predominant scale and character of existing urban shopping areas, promote retention of existing structures and encourage that new development be compatible with such existing areas and structures.”

    Tell me how 1 space per 100 square feet is conducive to pedestrian-oriented urban shopping and a livable neighborhood? If Mr Sanchez is required to have 15 spaces how does the city and Mr. Dalberg propose that he do so?

    What the F?

  17. posted by Towlie tells all at April 26, 2007 3:11 pm :

    I think places in the Fan get around this because they have a city council person who will work on their behalf. That is what it usually takes to overcome obstacles such as this. An proactive, prodevelopment city council person.

    What kills me is that the dozens of hood markets somehow skirt this issue while businesses that might make a positive econmic impact are throttled by it.

  18. posted by archie bunker at April 26, 2007 3:36 pm :

    What the F, indeed.

    I emailed Mr. Dahlberg, with a copy to the Mayor, this morning.

  19. posted by James Murphy at April 26, 2007 5:50 pm :

    Channel 6 is running a stroy at 6 and 11

  20. posted by Chinaski at April 26, 2007 6:14 pm :

    I believe J had the same issue with the parking spaces when she was attempting to open for dinners.

    I remember signing a petition in her place LAST YEAR in attempts to circumvent the problem. Those places in the fan already had the correct zoning for when the city decided that you have to have like 1 parking space for every 10sq feet(or something crazy like that) to open a dinner spot now.

    I also have been awaiting the day for this spot to open and will give them my full support.

  21. posted by stephen at April 26, 2007 6:44 pm :

    You can see the 6 o’clock news report on the CBS homepage (http://www.wtvr.com/). You just need to click on the correct story in the media player window on the right-hand side of the page.

  22. posted by Bill at April 26, 2007 6:52 pm :

    parking is a zoning issue and the building commission does not determine zoning compliance. zoning compliance is determined by the zoning administrator. if you want to appeal a decision of the building commissioner you appeal to the building code appeal board. if you want to appeal a decision of the zoning administrator you appeal to the board of zoning appeals or go to the city council. bottom line is that maybe the new restaurant owner forgot to grease someone’s palm.

  23. posted by john_m at April 26, 2007 8:36 pm :

    The wtvr story ends with (to paraphrase) “and today the city sent Sanchez a letter explaining the improvements that he needs to make, including the 15 parking spaces”. The story also includes Dahlberg basically saying that he can’t do anythign about this. So — it is ok with the Mayor, it is ok with city council, it is ok with the neighborhood: WHO CAN DO SOMETHING TO MAKE THIS HAPPEN?

  24. posted by Bob Stokes at April 27, 2007 12:44 am :

    Hmm, a grass roots movement that questions traditional zoning…and applies a common sense approach to development in an area that desperately needs retail services for its resident base. Good news for Richmond. I would add, this restaurant (or Je’s) won’t cause any parking problems, but the next 4 might. Perhaps, like in Carytown, the city can buy provide some free parking for this burgeoning biz area. You know, while the land is still cheap.

  25. posted by john_m at April 27, 2007 7:10 am :

    Maybe the planned development at 25th & Nine Mile would a good place for that parking…

  26. posted by Lou Gorr at April 27, 2007 8:32 am :

    I hope that the worthless mayor we have might finally do something constructive for the city and intervene in this matter so that we can welcome this new enterprise to our neighborhood..

  27. posted by tg4360 at April 27, 2007 8:56 am :

    This is insanity. If this stands then NO one wanting to open any kind of shop will even think of locating in that part of town and development will stop dead in its tracks.

    Seems if there is some rule or law that this is a no brainer for a waiver as this place will be a draw for people and other shops etc.

  28. posted by archie bunker at April 27, 2007 9:03 am :

    The parking spaces need to be zoned for restaurant use? Oh, give me a f***ing break.

    Perhaps Mr. Dahlberg can tell us just how many parking spaces in the vicinity are zoned for restaurant use. I have a sneaking suspicion that there aren’t 15.

  29. posted by Bob at April 27, 2007 9:19 am :

    I think the packs of wild dogs are behind the whole thing. First they go after cats, then restraunteurs. WHo is next?

  30. posted by BAM! at April 27, 2007 9:32 am :

    rumor has it that if they build a handicap ramp on the side Public works would tear it down due the roundabout going in. Hence the ground lvl entrence they built through the back…it is ADA compliant……any truth to this? Is Public works really narrowing the sidewalks?
    Are they going to zone the sidewalks now too?? Only people wearing Nikes can walk on this or that side of the street?
    I just thought parking was parking…..how do they know who what car is parked there for what??

  31. posted by BAM! at April 27, 2007 10:19 am :

    I think it’s Art Dahlberg killing the cats and the dogs were just the scapegoats….

  32. posted by Bob at April 27, 2007 10:24 am :

    I have a friend who went through similar issues in Atlanta when his urban neighborhood was revitalizing. It took him over 2 years to get his half acre side yard administratively divided so that he could sell it for someone to build a house on. Finally, he had to run sewar and sidewalk to the lot before the sale so the buyer could in turn destroy these things in the building process.

    He had to make friends with the city council person and get her working for him before the lame ass city officials would actually work with him at all.

    Long story short, Art is probably a but head, but he might be more helpful if our esteemed council woman would put pressure on him. But since it is positive development in her turf, she will not.

  33. posted by zack at April 27, 2007 11:52 am :

    I don’t think the councilperson will be of much, if any, help. Just a thought.

  34. posted by I.R. Knee at April 27, 2007 11:55 am :

    I want to know if Art Dahlberg’s face has been zoned for that porn-stache. I can’t issue a Certificate of Being Taken Seriously ’til he does something to correct the situation.

  35. posted by jo at April 27, 2007 1:33 pm :

    one of the many problems with Dahlberg is that he, like many governmental officials, doesn’t see things realistically, i.e., from street-level. he sees things from 1000 feet above the city. a lovely aerial view with pretty green sections and gray sections and lines that are pretty and mathematical and can be made into statistics and be measured.

    also, this could be a problem (text taken from his bio): “He has served in code enforcement for over twenty years in various Virginia localities. Prior to his arrival in Richmond, he was the Director of Code Enforcement in Alexandria, Virginia for nine years.”
    directors of code enforcing do not see things the way we do. they don’t apply their knowledge in a practical, utilitarian manner. they are by-the-book myopics, kind of like southern baptists, who read the bible and take every single word as god’s law, when of course such things do not apply to modern living. (sorry to bring in the baptists. i mean most every religious group who sees their religion as the one and only.)

    anyway, like others have said, someone is going to have to go over this dude’s head to make things happen. all we want to do is eat some damn plantains! is that too much to ask?

  36. posted by Beth MacKinnon at April 27, 2007 1:51 pm :

    Just wanted to give an update. John has called the Mayor’s office to schedule and appointment at 9am. We have yet to hear anything back. If anyone has any more good suggestions, we sure would appreciate it.

  37. posted by Scott W at April 27, 2007 2:45 pm :
  38. posted by Beth MacKinnon at April 27, 2007 3:42 pm :

    Funny……in the ADA manual…we are up to code…

  39. posted by D at April 30, 2007 10:19 am :

    Sounds like the owners dont know what it takes to get things done in this city.

  40. posted by BAM at April 30, 2007 1:09 pm :

    whatcha mean? greasing hands??

  41. posted by john_m at May 2, 2007 7:10 am :

    Style Weekly has the story: Outmoded Parking Law Hurts Business, Expert Says (5/2/07)

  42. posted by Beth MacKinnon at May 2, 2007 8:13 am :

    RTD has story also in the Metro section…
    CH 8 news monday night had a story…
    We have some tricks, so hope they work..

  43. posted by Beth MacKinnon at May 2, 2007 8:15 am :

    CH 8 last night sorry…

  44. posted by Old one at May 2, 2007 6:13 pm :

    Where the “H” is Delores McQuinn when you need her? In church maybe????

    Old one…

  45. posted by Beth MacKinnon at May 3, 2007 8:21 am :

    Maybe it is time to start e-mailing her too…Have heard from other council members, but not her.

  46. posted by archie bunker at May 3, 2007 8:42 am :

    McQuinn is worthless. A few years ago I asked her if the council had met with the developers seeking to put the baseball stadium in the Bottom. She said no. I then I asked her if the members of the council had met with the developers “unofficially” and the answer was yes. I’m sorry, that makes the first answer a lie as far as I’m concerned. I’m one of her consituents, I shouldn’t have to depose her to get full and accurate answers to my questions. The fact that she would actively try to hide that she and the rest of the council had met with those developers, frankly, suggests that there might have been something corrupt about those meetings.

    Again, she is worthless, unless you are willing to “buy” her.

  47. posted by Beth MacKinnon at May 3, 2007 9:50 am :

    Hmmmm…no money….can’t even afford to pay employees WHEN we get open. She is elected so….

  48. posted by Paul at May 3, 2007 9:56 am :

    Concerning the Priestess Councilperson McQuinn ask her about her campaign donation from the PR firm for Echo Harbor.

  49. posted by Our city plan needs an escape clause at May 3, 2007 10:19 am :

    [...] this morning about Richmond’s War on Nightlife. His entry talks about the recent red tape that John Sanchez ran into recently when he tried to finalize the opening of his restaurant (Que Pasa), as well as [...]

  50. posted by rubberneck at May 3, 2007 12:42 pm :

    I want to start off by saying I think Que Pasa would be a welcome addition to the neighborhood. That being said, I think people are missing a key point here. Mr. Sanchez’s property was not zoned for the type of restaurant he wants to open. In order to change that he needs to apply for a zoning variance, or special use permit. Even if he was granted the use of EDI parking, he would still need this variance. Mr. Sanchez should have known this and begun the process as soon as he decided he wanted to renovate the building for this purpose. Sanhez is quoted as saying he wants someone to tell him what to do. He has been told what to do; Apply for the special use permit. It is the law, and it cannot be avoided. All of the petitions, newpaper articles, and neighborhood support in the world won’t change this fact. If this seems unfair, then work to change the law. But do not blame the city for following it’s own laws.

  51. posted by Beth MacKinnon at May 3, 2007 1:04 pm :

    Very interesting…hasn’t she been elected like 18 times or something? I know she ran for Mayor….hence the friction between her and the Mayor…Did not know about the PR donation….WELL! A lot of greasy hands in the lot….

  52. posted by A Neighbor at May 3, 2007 2:29 pm :

    Talking about adminstrative bungling is one thing, sure - but greased palms? You’ve got to be kidding me. That kind of talk tempers my support of the restaurant, especially if it’s coming from an owner. You already have a sympathetic and popular cause. Agreeing with anonymous and unverifiable insinuations about your councilperson distract from and diminish your legitimate problem.

  53. posted by Beth MacKinnon at May 3, 2007 2:47 pm :

    Im sorry you feel that way. I have never said that I had financial interest in the resturant. Guess we both assumed something. I have nothing against our councilperson…She voted for us.

  54. posted by jo at May 3, 2007 3:06 pm :

    last year, i asked randomly about that special use permit, because i was confused why sanchez was having trouble opening. does this have anything to do with que pasa not opening? maybe it doesn’t apply? i don’t know. i know that jumpin’ j’s applied for it and got it (i’m assuming, since they’re open). and i guess the new church hill market will have to do the same, since there is definitely no parking where they are (perhaps they have already done so). if it was as simple as filing for a special use permit, you would think this would already have been done at que pasa. maybe someone could fill us in about this? i’m still hungry.

  55. posted by Hmmm at May 3, 2007 3:10 pm :

    “…can’t even afford to pay employees WHEN we get open.” Sounds to me like you’re involved one way or another. Also, from the RTD article: “The restaurant operated as take-out only since 1965, he said, most recently a fish market, so it had different parking requirements.”

    “When we told the city that we want chairs, that’s when we drove off a cliff,” Sanchez said.

    Let’s see, do I have this right? You knew about the parking requirements, waited to tell the city after the intitial building permit that you were going to be a sit-down restaurant rather than take-out, and you’re pissed at the city?

    Sounds like some really poor planning, and lack of business capital is what’s going to keep you out of business, not the city.

  56. posted by Beth MacKinnon at May 3, 2007 3:20 pm :

    Well…honestly we thought that having a city ordinance passed would be the final say in the matter. Special use permit will take months. Bank would probably not like that so much.

  57. posted by Beth MacKinnon at May 3, 2007 3:21 pm :

    We want to serve you food!

  58. posted by Hmmm at May 3, 2007 3:23 pm :

    Can you cite the city ordinance number? When was it passed? Who was the patron of the paper?

  59. posted by Beth MacKinnon at May 3, 2007 3:30 pm :

    As far as the building not being zoned for THAT kind of restaurant….I’m not sure that UB has certain types of restaurants that can go in there….or that would be the problem right?? Parking is the problem…not the type of restaurant that is there. Maybe I’m wrong?

  60. posted by Hmmm at May 3, 2007 3:34 pm :

    Beth: With all do respect, your last comment speaks volumes.

  61. posted by jo at May 3, 2007 3:50 pm :

    well, we you do open (and you will!) at least a lot of folks will know about it due to all of this mess. and we will all be very hungry!

  62. posted by Beth MacKinnon at May 3, 2007 3:51 pm :

    We are ready to feed ya! Just right now all we have is Cheerio’s and pop tarts :) Free beer…Thank you for your support!

  63. posted by Beth MacKinnon at May 3, 2007 3:57 pm :

    I will not comment anymore….I am personaly involved and do not want to make any enemies…thank you all for the comments and support.

  64. posted by Hmmm at May 3, 2007 4:10 pm :

    Seriously, I would like to know if in fact an ordinance was passed giving Que Pasa permission to use the EDI parking lot or some other parking arrangement.

    This is important, because if there is an ordinance, then it’s a done deal and all this stuff is just nonsense. If not…

    Again, cite the ordinance, when it was passed and who was the patron. Anybody?

  65. posted by john_m at May 3, 2007 4:19 pm :

    I think that this is the relevant ordinance (PDF) (#2006-289-286, patron D.Wilder, passed unanimously on 11/27/2006 with 2 nonvotes from the 1st and the 8th).

    To authorize the Chief Administrative Officer, William E. Harrell, on behalf of the City of Richmond, to execute a Parking Lease Agreement between DIT of Virginia and the City of Richmond concerning the use of fifteen (15) spaces in the parking lot located at 701 North 25th Street. {Land Use, Housing and Transportation – November 21, 2006}

    (I found this via this page on the city website. Props to the city for making that available.)

  66. posted by je ne sais pas at May 3, 2007 4:36 pm :

    [...] the course of trying to get a cuban sandwich in the near future, I recenty discovered that you can search for resolutions considered by the city council. Posted [...]

  67. posted by Hmmm at May 3, 2007 4:57 pm :

    O.K. Was the lease agreement (attached within ordinance) ever signed and registered with the city? If this was never signed, no deal.

    Section 18 of the lease agreement concerns defaulting on the lease. Did the lessee (Que Pasa) or lessor (City) default on the agreement?

    If the city has defaulted on the agreement, there is nothing in the agreement that really protects Que Pasa. It just says that they can work out a reduction in rent on the property if appropriate - which obviously it is not.

    Could be lawyer time, or just bite it and file for the SUP. The latter being more expeditious, more predictable and least expensive.

  68. posted by GRRRRRR! at May 3, 2007 5:25 pm :

    John…make sure you do not rely on this board for legal advice…. Call someone who practices land use law. It has been my experience that Hirschler Fleisher and McGuire Woods have the most respected lawyers in this area of practice.

  69. posted by rubberneck at May 3, 2007 5:29 pm :

    Again, I must point out. The parking agreement would provide the spaces needed to satisfy requirements for a sit-down restaurant. HOWEVER, if the buliding was only zoned for take-out, I believe the owners would still have to go through the re-zoning or variance process. The parking lease would have to be presented, in support of the change. (please correct me if I have this wrong) I also must be honest here. I have talked to several people in the neighborhood (contractors and such) and the word on the street is that this whole problem is that Mr. Sanchez went about the project ass-backwards. Built a restaurant and then asked for permission to have a restaurant there

  70. posted by rubberneck at May 3, 2007 5:31 pm :

    p.s I promise to proofread future posts

  71. posted by bill at May 3, 2007 5:52 pm :

    maybe the place could open as a carryout at least to get started. it seems most everyone is doing a lot of whining. did sanchez call mcquinn? if sanchez does not like the decision of the building official, it could be appealed, if done in the time limit allowed. a petition won’t do that. is sanchez competent enough to make the appeal?

  72. posted by A Neighbor at May 4, 2007 8:48 am :

    Beth,you said I assumed something about you being an owner, and then you say “We just want to feed ya”? Those are the words of an owner or a person in control. On a more neighborly note, if you haven’t talked to a land use lawyer yet, please get one.

  73. posted by archie bunker at May 4, 2007 9:06 am :

    To the owners: if things are getting tight, you might consider checking with Hunton & Williams’ Church Hill pro bono office at the corner of 23rd and Marshall. Ask to talk to George Hettrick or Kate Duvall. They may be able to take the matter on a free or reduced fee basis.

  74. posted by GRRRRRR! at May 4, 2007 9:45 am :

    …you need an experienced and well connected land use lawyer, not a first year associate who is serving his/her rotation to meet the firm’s pro bono expectations. This is a specialized area of law, and you are going to end up in a worse place if you hire the wrong lawyer.

  75. posted by GRRRRRR! at May 4, 2007 9:50 am :

    To be clear, that was not intended in any way to question the qualifications of George Hettrick or Kate Duvall. George is a partner at Hunton, and they are both fine attorneys. I just think you need to find a specialist in this area.

  76. posted by archie bunker at May 4, 2007 10:13 am :

    GRRRRRR! — George and Kate staff the Church Hill office of H&W. They do not work every matter that comes in the door. They are there, in part, to help direct the people with specific needs to lawyers capable of handling those needs. I am quite confident that H&W has plenty of people who work in this area, and do it very well. I also strongly believe that it is unlikely that anyone else locally is any better “connected” than H&W (perhaps as well connected, though).

    I’m just offering suggestions based on the idea that finances may be tight (hence the comment above aboe being able to pay employees). I agree that McGuire Woods and Hirschler Fleischer would be good choices if they are realistic options. I have no axe to grind here. I’d just like to see this restaurant open for business.

  77. posted by GRRRRRR! at May 4, 2007 10:20 am :

    Archie,

    Completely Agree!

  78. posted by D at May 4, 2007 12:01 pm :

    I find it hard to believe, if all rules were followed, why this establishment wouldnt be open. The quote in the style says the owners have gone outside the scope of the permit. I have to agree w/ previous poster who mentions bad business planing. Also, owners taking shots at the council woman is not going to help your cause. Time to stop blaming the city, stop crying and take actions that will truly help your cause.

  79. posted by Hmmm at May 4, 2007 12:56 pm :

    Unfortunately, none of us have all the facts here. Almost 80 posts to this thread without any real concrete info accept for the fact that an ordinance was passed allowing the owners of Que Pasa to enter into an agreement with the proper city authorities to lease some parking spaces - this is just one piece of the puzzle. The rest is just speculation.

    We’d all (I think) like to see a restaurant there, and I think it’s funny how, on this site, a former fish market has turned into a fish tale! Gossiping over the cyper-fence if you will.

    If the point is to be of service to the community, it would be much more helpful if threads like these posted all of the facts up front (some research) so that participants can engage in a more productive discussion. It seems that without all the facts, these threads just turn into hearsay and venting fits; it’s just Church Hill People Gossip. Which is fine, if that’s what you want, just don’t call it “news.”

  80. posted by Ray at May 4, 2007 1:43 pm :

    Let me throw something else in the mix here.

    Does anyone know if Mr. Sanchez has applied for an ABC license?

    If he hasn’t, someone might want to tell him that’s it’s not an overnight process, especially if neighborhood objections arise.

  81. posted by john_m at May 4, 2007 1:53 pm :

    I reported as much as the tv or newspaper did, thank you very much. More, if you include that link to the resolution.

  82. posted by Hmmm at May 4, 2007 2:13 pm :

    Accept that legitimate news organizations usually welcome criticism and don’t get pissy about it.

  83. posted by john_m at May 4, 2007 2:34 pm :

    You’ve misread the tone of my comments, I’m not being pissy. I had the same story as everyone else, except that they got paid for it and took a little longer.

  84. posted by hey Hmmm... at May 4, 2007 3:39 pm :

    Don’t forget that in addition to reporting on the facts (e.g., the ordinance involved), the “traditional” newspapers also provide space for op-eds.

  85. posted by rj at May 4, 2007 4:35 pm :

    So, Hmmm, the standard bearer of so-called “News” is now local TV and or local entertainment weeklies? Now, that is the funniest posting I have seen on this site in some time. This site is obviously a nice mix of fact and conjecture, it is after all a “peoples’” news. Howard Zinn would be proud of its eclectic mix of facts and crazed conspiracy theories. Plus, I think this whole hullabaloo will be hilariously funny if the restaurant in question sucks (which, considering the owner’s apparent attention-to-detail-deficit-disorder is a strong possibility).

  86. posted by bill at May 6, 2007 12:18 pm :

    since when is this site a traditional newspaper?

  87. posted by Old one at May 7, 2007 3:29 pm :

    As of now Bill. Show some proper respect.

    Old

  88. posted by Grrrr at May 8, 2007 1:50 pm :

    Wee need top sharpen some sticks and go after them!

  89. posted by Magneto at May 9, 2007 3:17 pm :

    I just received a written response from the Mayor’s Office regarding my email to them about Que Pasa. Shall I include a transcript below or email it to you, John, so that you may post it electronically on the site?

  90. posted by john_m at May 9, 2007 3:42 pm :

    Go ahead and put the words up.

  91. posted by Magneto at May 9, 2007 5:34 pm :

    Okay, here it is:

    Dear Mr. *****

    Thank you for your recent email on behalf of Mr. John Sanchez, owner of Que Pasa restaurant.

    As do you, the City of Richmond (”City”) applauds Mr. Sanchez’s desire to bring business opportunities to the City, and welcomes the new dining option he is poised to offer its Church Hill residents in particular.

    Indeed, in spite of Mr. Sanchez’s assertion to the contrary, the City has stood to assist him in this business venture. Unfortunately, Mr. Sanchez failed to plan and time the development of his business so as to maximize the assistance the City could have provided to him. (Whether he admits it or not, it is his failure that he is the root of the frustration he has publicly voiced to the delay in opening his establishment.)

    In Spring 2006, a member of the Mayor’s staff put Mr. Sanchez in touch with the City’s Real Estate Office to facilitate his request to lease parking spaces for his proposed restaurant. At that time, Mr. Sanchez represented that his restaurant was to be an 837 square feet take-out restaurant. On his representation, the City Council granted a special use permit to allow the City to lease parking spaces to Mr. Sanchez. (Even for the limited number of parking spaces, Mr. Sanchez was initially required to have, he has never executed the lease for them.)

    After City approval had been granted to Mr. Sanchez for his take-out restaurant and request for parking spaces, he changed his mind and decided to change the use of the building so as to use the first and second floor as a dine-in restaurant.

    A dine-in restaurant facility has different parking requirements than does a take-out restaurant facility. Mr. Sanchez was informed of these facts, and was also informed that the change he now desired to make to his restaurant would have to go before the Board of Zoning Appeals or to acquire another Special Use Permit from the City Council. Mr. Sanchez has chosen to characterize this requirement as being unfair, and particular to him. It is not.

    The City strives to apply the zoning rules and requirements impartially to all applicants. The City employs the same process for everyone. And, notwithstanding our collective excitement for the (delayed) opening of Que Pasa, Mr. Sanchez’s must follow the rules and process that are in place, and have been in place since he initially approached the City with his original plans.

    That you for sharing your comments. I join you in hope that Que Pasa is a successful addition to the Church Hill community and the City of Richmond.

  92. posted by Old one at May 10, 2007 8:30 am :

    To the Mayor’s office,

    Isn’t there someone down there who can correct the typos in a letter before sending it???? Or is that note really from the Mayor’s office????

    Old

  93. posted by Magneto at May 10, 2007 8:45 am :

    Those typos actually were in there, too, since I wanted to post it word for word (including their grammatical mistakes).

    And, yes, this note is really from the Mayor’s office. If you need proof, I suppose I can scan it and send it to John, who could then verify its authenticity.

  94. posted by Hmmm at May 10, 2007 9:39 am :

    Let’s face it. If this guy can’t manage the hurdles of opening this place, how is he going to manage a wait staff, drunken patrons, ABC, and the general day-to-day management that it takes to stay open? Shoot, even savvy restaurant owners fail, and regularly. Thinking that it will be “fun” to open a restaurant (without any prior experience, or success) is the reason why so many don’t make it.

    rj: I have always thought and will continue to think that Style magazine is the biggest piece of s–t ad rag around AND with major attitude. And yes, the local news is filled with “happy talk” and crap. I am not referring to those entities. Seems like the “People’s” (and participants) shouldn’t take itself so seriously. Old one: You think this is a traditional newspaper? There’s the real laugh! Better start taking your Alzheimer’s meds again.

  95. posted by Fred at May 10, 2007 10:17 am :

    Sounds like Sanchez needs to stock up on black plastic bags..

  96. posted by hey Hmmm... at May 10, 2007 6:27 pm :

    Hmmm… dude, I don’t know if these particular people are first-time business owners or not, but it is entirely possible that a) they already have restaurant management experience, but b) this is their first experience opening a restaurant and getting their heads around zoning, permits, etc. If this were the case, the upside would be that after getting all the paperwork square, they could then turn to getting back to the business they know: managing a restaurant. More generally: Cut the guy wanting to take the next step some slack.

    BTW, different people like their news served differently. Some order up USA Today. Others fancy the Wall Street Journal. Still others go for your Brick weeklies. Etc. If you don’t like what you read here, read elsewhere, but chill on those of us that don’t mind putting questions and views out there and seeing what news and views might come back.

    Hey Grrr — how many threads have you been able to get ’sharpened sticks’ into the conversation — thanks for the running laugh. :-)

  97. posted by Hmmm at May 11, 2007 12:39 pm :

    Hey Hmmm: You said “…don’t mind putting questions and views out there and seeing what news and views might come back.” You seem to mind my views and news. I guess you just like the news and views that you agree with.

    And quit it with the “love it or leave it” schtick!

  98. posted by john_m at May 14, 2007 4:24 pm :

    Jon at River City Rapids looks at this again with some hindsight, making the point that the media fell a little short on really sifting through all of this, and that the city still makes it too hard to get things accomplished. He uses the same response from the city that Magneto posted here on May 9th as a the closing facts of the case, though it really doesn’t feel like this is over. Regardless (and despite the vitriol), the bulk of the comments in response to this have been informative and really fleshed out our understanding of the situation.

  99. posted by LC at September 19, 2007 3:57 pm :

    Seems things are moving again for Que Pasa. A Planning Commision meeting is scheduled for Monday, Oct. 1 at 1:30pm.

    This info from RichmondGov.com. The electronic paper is numbered 2007-239 if anyone is interested and can navigate the city site.

  100. posted by john_m at September 19, 2007 4:10 pm :

    Here is a link to the paper as a PDF, which says that there will be a public hearing Oct.8 @ 6PM. That is a Monday, would that be a council meeting?

  101. posted by Laura Daab at September 19, 2007 8:18 pm :

    Yes, Oct. 8th is the Council Meeting. John Sanchez came to the CHA meeting last night to give us an update and get support from the membership, which he got.

  102. posted by john_m at September 26, 2007 3:46 pm :

    There will be an Open House at Que Pasa? on September 28th, 2007.

  103. posted by Nacho at September 26, 2007 4:16 pm :

    Good luck John! We are hoping for your success!

  104. posted by bill at September 27, 2007 8:33 am :

    is there a particular time for the open house?

  105. posted by Magneto at October 15, 2007 11:59 am :

    According to a summary of the latest City Council public hearing, the off-street parking requirements have been waived for Que Pasa. Hopefully, this means that they will be opening soon.

  106. posted by Church Hill People’s News » East End zoning meeting - Richmond, Virginia at October 17, 2007 8:48 pm :

    [...] will be a meeting concerning zoning tomorrow (Thursday) at 6PM at EDI on 25th Street. Given the brouhahas over businesses trying to open in the area, this should be a good [...]

  107. posted by Church Hill People’s News » 7th District Mayor’s Roundtable meeting - Richmond, Virginia at October 17, 2007 9:35 pm :

    [...] that gains made in housing can be sustained. I brought up that is seemed like it was difficult for new businesses to open, even with community [...]

  108. posted by j at December 22, 2007 5:51 am :

    From business licenses posted on the Times-Dispatch web site Dec. 10:

    Dit of Virginia (restaurant); licensee John T. Sanchez, 623 N. 25th St., Richmond 23223

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