It seemed like a simple way to help local restaurants survive and provide a way for diners to enjoy a meal without fear of contracting COVID-19. But Athens-Clarke County’s parklets program has turned out to be anything but simple.
In 2020—at a point during the pandemic when it became clear that outdoor gatherings were relatively safe—the mayor and commission started allowing downtown restaurants to set up tables and chairs in public on-street parking spaces, similar to the longstanding sidewalk cafe program. It proved so popular that the commission extended the program in 2021 and made it permanent last year.
But now that the program is permanent, some restaurants—for example, South Kitchen + Bar and Trappeze Pub—are building more permanent structures in the parking spaces they’ve leased from the county. This has led to concerns about Americans With Disabilities Act compliance and disrupting special events like AthFest and December’s Parade of Lights. The commission’s Government Operations Committee is considering revising the parklets ordinance.
“Quite frankly, we didn’t anticipate that people would build decks to the degree that they have, and that it would be so prominent,” said Andrew Saunders, director of the Central Services Department, which issues permits for parklets.
Some of the concerns about such structures include people tripping or falling off them, and blocking sightlines during concerts and parades. “The thing that’s so jarring about [the Trappeze deck] is that at its [railing’s] highest point, it’s above eye level,” Commissioner Melissa Link said at a June 12 GOC meeting. “It feels like a whole building was plopped down on the street.”
Saunders recommended restricting decks in parklets to 16 inches high, allowing them to be flush with the curb while also accounting for inclines within parking spaces. For decks above the curb height of six inches, a 36-inch railing would also be required, for a total height of up to 52 inches.
Trappeze’s deck is 30 inches above the ground, according to county officials. That’s in compliance with the current law, but if the law is changed, the establishment would have to lower the deck before renewing its permit next year.
Another issue is barriers protecting the parklets. Saunders’ draft would require concrete “Jersey barriers” like those commonly seen in road-work zones, but applicants would have the flexibility to use other types of barriers as long as an engineer certified that it could withstand 250 pounds of force.
Another issue is the permanence of structures built in parklets. Jersey barriers are heavy and hard to remove. The proposed ordinance would also prohibit drilling into the street to attach a structure to the ground.
“The essence is that these aren’t supposed to be permanent. When you start drilling into the right-of-way, that becomes permanent,” ACC Assistant Manager Josh Edwards said. “That’s not something that was ever intended.”
Saunders recommended against giving priority to special events “so they don’t feel like they can clear the landscape,” but he noted the county manager can order structures removed for special events
The committee also discussed revenue. When ACC issues a permit for a parklet, it loses the parking revenue from those 2–4 spaces. On the other hand, the permit fee is $500–$1,500 a year, and parklets generate additional sales taxes. Perhaps parklets should be limited to restaurants that don’t have their own outdoor spaces, Link suggested, pointing to potential applicant Paloma Park’s large patio.
The GOC’s July meeting has been canceled, so any action by the commission is unlikely to come before September, when a moratorium on new parklet applications expires.
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