Politics & Government

Residents, Circa Reach Compromise on Outdoor Dining

Spat spurs county to develop a comprehensive policy on how restaurants use sidewalk space.

Residents upset over the Clarendon Boulevard-facing outdoor dining area at Circa convinced the Arlington County board this week to force the restaurant to remove its fence and furniture in the winter – and the county itself committed to developing an comprehensive policy on outdoor cafes.

County board members Tuesday heard from numerous residents concerned about Circa taking over public space. They were worried that such dining areas can make Clarendon less pedestrian friendly and that the business’s build-first, ask-permission-later mentality would set a precedent.

“As more and more people come to live, work and play in Clarendon, the demand for space on our sidewalks continues to increase. Comfortable, safe and adequate sidewalks are needed and intended for our walkable community,” Peter Owen with the Clarendon-Courthouse Civic Association said in a public hearing on the matter.

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“Cafe dining is great. We support it. We use it. But empty tables and chairs on the sidewalk are terrible. We oppose them, and we would like them to be removed.”

Residents originally wanted Circa, at 3010 Clarendon Blvd., to remove its fence and furniture nightly. A series of negotiations led to the restaurant agreeing to remove the items in December, January and February – even though the fence was built without explicit permission.

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“There were trade-offs, and that space remains a public area,” June O’Connell with the civic association told the county board. “These sidewalks are important to us. You want Arlington, and Clarendon, to be a walkable community.”

Both sides indicated that Arlington – in this case, Clarendon specifically – was hurting due to the lack of a comprehensive policy on outdoor dining.

The county’s permitting process allows government officials to micro-manage new development on a case-by-case basis. Because of that, some restaurants must take their outdoor furniture in nightly. Others leave it out year round. Different establishments use different kinds of fence – some permanent, some flexible, like a chain.

County Board Member Jay Fisette said Circa’s fence – which is removable but locks into place like a permanent fixture – “looks terrific.”

“I'd much rather have this than a lot of the fencing you see around for all the reasons people have said,” Fisette said. “…I want to encourage the outdoor seating. To me, that is exactly what makes Clarendon, Clarendon.”

Owen said restaurants were in an “arms race” for sidewalk and patio space, and Circa’s actions elevated that.

“We compromised based on a huge investment Circa already had made,” he said. “It’s not clear if that’s going to be fair to other restaurants or pedestrians.”

Attorney Nan Walsh, who represents Circa, said she was “very happy” for the business.

“It’s been a tough process,” she said.

County Manager Barbara Donnellan said she would work on a comprehensive policy on outdoor dining to bring before elected officials later this year.


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