Resolution 08-22
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: February 22, 2022
Initiated By: Jennifer D. Readler, Law Director
Megan O’Callaghan, Deputy City Manager/Chief Finance and Development Officer
Jennifer M. Rauch, AICP, Director of Planning
Re: Resolution 08-22
Extending the timelines in Resolution 61-21 temporarily permitting outdoor dining
and eating areas beyond previously approved locations, temporarily permitting
portable nonresidential structures, and temporarily permitting certain signs.
Summary
This Resolution extends the timelines of certain executive orders temporarily permitting outdoor
dining and eating areas beyond previously approved locations, temporarily permitting portable
nonresidential structures, and temporarily permitting certain signs.
Background
The City Manager declared a State of Emergency on March 17, 2020 due to the pandemic, which
allowed for the issuance of several Executive Orders, as outlined below. In anticipation of the
expiration of the State of Emergency and the Executive Orders, City Council passed Resolution 34-
21 on May 24, 2021 to extend the orders until October 31, 2021 to allow for continued support of
our local businesses. These included:
1. An Executive Order amending Chapter 153 of the City Code to temporarily permit outdoor
dining and eating areas beyond previously approved locations
2. An Executive Order amending Chapter 153 of the City Code to temporarily permit portable
nonresidential structures
3. An Executive Order amending Chapter 153 of the City Code to temporarily permit window
signs of a larger size than normally permitted
4. An expiration date of October 31, 2021 (Resolution attached)
On October 25, 2021, Resolution 61-21 was passed by City Council to allow an additional extension
of the above measures until February 28, 2022. Regarding outdoor dining and eating areas, this
Resolution required that a temporary permit holder apply for a permanent solution within thirty
days of October 25, 2021 or confirm in writing that the temporary outdoor dining area would be
removed by February 28, 2022 (memo, Resolution, and minutes attached).
To date, all permit holders of previously existing temporary outdoor dining and temporary
structures have complied with the deadlines set forth in the Resolution. One property owner
presented a request to City Council on February 14, 2022 requesting consideration to further
extend the deadline to allow for additional time to secure the necessary approvals and construct a
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017
Phone: 614.410.4400 Memo
Memo re. Resolution 08-22 - Temporary Extension of Certain Executive Orders
February 22, 2022
Page 2 of 2
permanent outdoor seating solution. City Council provided direction regarding the request and
instructed staff to prepare legislation that would further extend the timelines of the executive
orders through June 13, 2022. The intent of this Resolution is to support local businesses during
this difficult economic time. A draft resolution is presented for Council’s approval extending the
expiration date to June 13, 2022, at which time the expanded outdoor dining and seating and
portable nonresidential structures will be required to be removed and the site restored and all
temporary signs removed.
Recommendation
Staff recommends approval of Resolution 08-22 extending the timelines in Resolution 61-21
temporarily permitting outdoor dining and eating areas beyond previously approved locations,
temporarily permitting portable nonresidential structures, and temporarily permitting certain signs.
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: October 19, 2021
Initiated By: Jennifer D. Readler, Law Director
Megan O’Callaghan, Deputy City Manager/Chief Finance and Development Officer
Re: Resolution 61-21 Temporary Extension of Certain Executive Orders
Background
The City Manager declared a State of Emergency on March 17, 2020. Dublin’s State of Emergency
was in alignment with the Governor’s State of Emergency. Pursuant to his emergency authority,
the City Manager also issued Executive Orders temporarily permitting outdoor dining and eating
areas beyond previously approved locations, temporarily permitting portable nonresidential
structures and temporarily permitting certain signs in support our local economy and businesses.
Since it was unclear when the Governor’s State of Emergency would officially end, City staff
encouraged Council to consider action to ensure continuity. Anticipating the need to focus on
economic recovery, City Council passed Resolution 34-21 on May 24, 2021, to allow the Temporary
Extension of certain Executive Orders to continue in support of our local businesses.
Resolution 34-21 included:
1. An Executive Order amending Chapter 153 of the City Code to temporarily permit outdoor
dining and eating areas beyond previously approved locations
2. An Executive Order amending Chapter 153 of the City Code to temporarily permit portable
nonresidential structures
3. An Executive Order amending Chapter 153 of the City Code to temporarily permit window
signs greater than 10% of the square footage of all windows and to permit temporary signs
in front of business establishments
Resolution 34-21 is set to expire on October 31, 2021.
The National Restaurant Association recently released their mid-year report and it shows a
significant recovery is taking place throughout the industry, despite the lingering global pandemic.
While much of that recovery can be attributed to the growing vaccination rate, municipalities
modifying existing policies on a temporary basis to support local businesses has also contributed to
the positive impact. Though the positive trajectory of the industry is certainly worth
acknowledging, the projection remains down from pre-COVID sales. Given Franklin County remains
a high transmission area, it is important that we continue efforts to support the local businesses
and encourage healthy practices, such as social distancing. Based on these factors, staff
recommends Council consider continuing these orders and associated temporary permits through
the winter months until February 28, 2022.
Currently, the City has issued 19 temporary outdoor patio permits, 10 of which are still being
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017
Phone: 614.410.4400 Memo
Memo re. Temporary Extension of Certain Executive Orders
October 19, 2021
Page 2 of 2
utilized. Three portable nonresidential structures were approved, two of which are still in use. All
current permit holders have been notified this matter will be considered at the October 25, 2021
Council meeting.
With regard to outdoor dining and eating areas specifically, Resolution 61-21 also includes a
condition that any Certificate of Zoning Plan Approval (CZPA) holder must file the appropriate
application for a permanent solution within 30 days of the effective date of this resolution or
confirm in writing the intent to remove the temporary outdoor dining and eating area no later than
February 28, 2022. If the owner/operator fails to comply with this condition, their CZPA will be
revoked. The City is committed to finding long-term solutions that meet business operation needs
and encourage economic vitality in the City.
Recommendation
Staff recommends approval of Resolution 61-21, temporarily permitting outdoor dining and eating
areas beyond previously approved locations, temporarily permitting portable nonresidential
structures and temporarily permitting certain signs.
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: May 18, 2021
Initiated By: Jennifer D. Readler, Law Director
Re: Temporary Extension of Certain Executive Orders
Background
On Wednesday, May 12th, Governor DeWine announced that he intends to lift most all health
orders on June 2nd. We have been anticipating that these orders would be lifted as a result of
more of our population being vaccinated. This also implies that the Governor will lift the State of
Emergency in Ohio. In anticipation of this, Jennifer Readler, Law Director, has drafted necessary
documents to lift the State of Emergency I issued as City Manager last March.
As you are aware, during this State of Emergency, I issued temporary orders that remain in effect
to include:
1. An Executive Order amending Chapter 153 of the City Code to temporarily permit outdoor
dining and eating areas beyond previously approved locations.
2. An Executive Order amending Chapter 153 of the City Code to temporarily permit portable
nonresidential structures.
3. An Executive Order amending Chapter 153 of the City Code to temporarily permit window
signs greater than 10% of the square footage of all windows and to permit temporary signs
in front of business establishments.
Once I lift the State of Emergency, these temporary orders and permits will no longer be in effect
and staff will need to enforce our code/s. I intend to keep the Dublin State of Emergency in place
as long as the Governor’s State of Emergency is in place. Since it is currently not clear when the
Governor’s State of Emergency will terminate (only health orders expire on June 2), I believe it is
important to have Council consider action to ensure continuity.
I recommend that Council consider continuing these orders and associated temporary permits until
October 31, 2021, per Resolution 34-21, as I believe it will take a period of time for the community
and those businesses issued temporary permits to transition to normal. Staff worked with our local
businesses and institutions in need of relief during the pandemic and they were cautioned that
their temporary permit was only good until the emergency declaration was lifted. Of course, we
had no idea how long that would last. We anticipated the Governor would lift his State of
Emergency and associated Department of Health orders; however, this is a little faster than we
would have guessed. Businesses will need some time to sort this out. I suggest Council consider
some leeway for these temporary permits so that those businesses who suffered significantly,
namely restaurants and small businesses, try to maintain and/or gain momentum coming out of
the pandemic.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Resolution 34-21
May 18, 2021
Page 2 of 2
Recommendation
Staff recommends Council approve Resolution 34-21.
EXECUTIVE ORDER
TEMPORARY OUTDOOR PATIO EXPANSION
Pursuant to Chapter 36 of the Dublin Codified Ordinances and the City Manager’s Declaration of
a State of Emergency issued on March 17, 2020, the enforcement of certain provisions of
Chapter 153 regarding the City’s Outdoor Dining and Seating regulations are temporarily
amended as follows:
1. A business may temporarily expand their outdoor dining and eating area outside of the
currently designated/approved location to allow for increased social distancing related to
COVID-19. This will be permitted with the following stipulations:
a. The expansion will be permitted in conjunction with an existing and permitted
restaurant use;
b. A Certificate of Zoning Plan Approval will be required at no cost;
c. Relief from specific zoning site requirements, design details, and parking
requirements will be applied on a case-by-case basis.
d. Outdoor speakers and music will not be permitted in the expanded areas.
e. Outdoor dining and seating area materials should complement the existing
materials.
f. Expanded areas will be located to be sensitive to and take into consideration
surrounding properties, including residential areas.
g. Alcohol may only be served in the expanded area when permitted by the Ohio
Division of Liquor Control.
h. Staff will review the request for the expansion in conjunction with the direction
and guidance of FCPH.
2. A Certificate of Zoning Plan Approval shall be required in order to permit Outdoor Dining
and Seating expansion. The following information will be required to be submitted with
the CZPA form at no charge:
• Detailed, dimensioned site plan showing the location on the site with adherence to
ensuring safe access and be served by adequate parking;
• Sensitively located and to show adherence to the standards of the community and
minimizing impact on nearby residential uses to the maximum extent possible;
• Design specifications associated with the proposed outdoor dining and seating
expansion shall be provided: chairs and tables, umbrellas, etc.
• Detailed narrative noting the specific use proposed and the scope of the intended
use, particularly highlighting the required need as a result of COVID-19;
• Signed acknowledgment that the time period of validity is limited to the City’s
designation of a State of Emergency, or any other time limitation otherwise
mandated by the City Manager.
The intent of this Order is to support and promote increased social distancing and support local
businesses during this difficult economic time. These temporary amendments will immediately
cease upon termination of the State of Emergency or as otherwise mandated by the City
Manager and the expanded outdoor dining and seating will be required to be removed and the
site restored.
EXECUTIVE ORDER
PORTABLE STRUCTURES AND TEMPORARY USES
Pursuant to Chapter 36 of the Dublin Codified Ordinances and the City Manager’s Declaration of
a State of Emergency issued on March 17, 2020, the enforcement of certain provisions of
Chapter 153 regarding the City’s Portable Structures and Temporary Uses are temporarily
amended as below:
1. Section 153.097(B)(3) – Portable Nonresidential Structures. A business may temporarily
erect a building(s) or similar structure(s) designed for occupation which is not placed on
a permanent foundation to allow for testing, waiting or staging related to COVID-19.
The definition shall include construction trailers, portable classrooms, tents, trailers and
other similar structures.
2. Section 153.097(C) – Permit process. A Certificate of Zoning Plan Approval shall be
required to permit these designated portable structures and temporary uses. The
following information will be required to be submitted with the CZPA form at no charge:
• Detailed, dimensioned site plan showing location on the site with consideration of
the required setbacks and ensuring safe access and be served by adequate parking;
• Sensitively located to show adherence to the standards of the community and
minimizing impact on nearby residential uses to the maximum extent possible;
• Detailed and dimensioned elevations or design specifications of the proposed
temporary structure;
• Detailed in a narrative noting the specific use proposed and the scope of the
intended use, particularly highlighting the required need as a result of COVID-19;
• Signed acknowledgment that the time period of validity is limited to the City’s
designation of a State of Emergency, or any other time limitation otherwise
mandated by the City Manager.
The intent of this Order is to support and promote healthy practices during this difficult
economic time. These temporary amendments will immediately cease upon termination of the
State of Emergency or as otherwise mandated by the City Manager and the portable structures
and temporary uses will be required to be removed and the site restored.
EN00348.Public-00348 4817-0563-2188v1
EXECUTIVE ORDER
CHAPTER 153 SIGNS
Pursuant to Chapter 36 of the Dublin Codified Ordinances and the City Manager’s Declaration of
a State of Emergency issued on March 17, 2020, the enforcement of certain provisions of Chapter 153
regarding the City’s Sign Code are amended as below:
1. Section 153.159(C) – Window Signs: A business may temporarily erect window signs greater
than ten percent (10%) of the square footage of all windows for that business. Any increase shall
not hinder the ability to view into the business for safety purposes. An application and permit are
not required for this increase.
2. Temporary Signs, Banners & Sandwich Boards – A business may erect one (1) temporary sign,
banner, or sandwich board on or in front of its establishment. This sign shall not exceed six (6)
square feet in area. There will be no application or fee for this temporary sign. This temporary
sign must comply with all Building Code Standards and with the American with Disabilities Act
(ADA).
The intent of this Order is to support and promote our local businesses during this difficult economic time.
These temporary amendments will immediately cease upon termination of the State of Emergency.
EN00348.Public-00348 4837-8549-6505v1
Aaron L. Underhill
8000 Walton Parkway, Suite 260
New Albany, Ohio 43054
P: 614.335.9321
F: 614.335.9329
aaron@uhlawfirm.com
February 2, 2022
Dublin City Council
c/o Sarah Holt
Senior Planner
5200 Emerald Parkway
Dublin, Ohio 43017
Dear Sarah:
This letter is being provided on behalf of CLB Restaurants, LLC, the owner/operator of
Tucci’s restaurant in Historic Dublin, and the company’s owner, Craig Barnum. It is intended to
provide members of City Council with an update on our pursuit of approvals from the City’s
Architectural Review Board (ARB) for the continuation of an enclosed outdoor dining structure
that encompasses the Tucci’s patio area. It also serves as a formal request for City Council to
extend the deadline by which Tucci’s is required to remove the presently existing structure.
Mr. Barnum would like to express his appreciation for the City’s efforts to provide for the
temporary addition of outdoor dining space during the COVID-19 pandemic. This allowance has
been critical to the survival of the business. The additional dining space has become the
preferred seating location for customers, and it has added a vibrancy to the area even on rainy or
cold evenings. Despite the positive impact that this additional dining space has had on Tucci’s,
the more recent Omicron variant of the coronavirus has provided the latest obstacle to a return to
normal dining habits, and therefore even with City Council’s action last fall to extend the
deadline for removal of temporary outdoor dining structures to the end of February 2022, the
restaurant continues to face challenges.
As part of the extension of the deadline, Council required the businesses that benefitted
from the extended timeframe to file relevant applications for permanent approval of temporary
dining spaces within 30 days of City Council’s action. Assuming that such applications were
timely filed and approved by February 28, 2022, then any temporary structures could remain in
place. Otherwise, they were to be removed by that date. This timing has proven to be
problematic in the case of Tucci’s, given the number and nature of the required approvals that
are needed from the ARB. Approval of permanent improvements in the Historic District
requires the review and approval of a Concept Plan, Preliminary Development Plan, and Final
Development Plan, in sequence. Each requires a filing well in advance of a hearing before the
ARB and following staff-level discussions. Further complicating matters are the fact that the
ARB meets only once per month, and the City’s general deadlines for filing materials well in
advance of a meeting.
City Council passed the resolution for the time extension on October 25, 2021. A
Concept Plan application was promptly filed on behalf of Tucci’s and was heard at the ARB’s
meeting on November 17th. Options presented at that meeting included modifications to the
existing structure to make it permanent and fit more closely to the required aesthetic in Historic
Dublin, and the alternative of an enclosed pergola-like structure that would require removal of
the temporary structure and replacement with an entirely new improvement. The ARB approved
the Concept Plan and left open both possibilities. But given the complexity of the design issues
that are involved, it was agreed that revised designs would be presented to the ARB informally to
ensure that both parties would be satisfied with regard to a more particular aesthetic moving
forward. This would avoid wasting time, effort, and money on more detailed designs that were
not vetted by the ARB.
Even if Tucci’s could have produced an updated design immediately following the
November hearing it would have been past the deadline for filing an application to get on the
next ARB agenda on December 15th. The application deadline for the January ARB meeting
was just days before Christmas, and the City staff was nice enough to extend it until December
27th. A new submission was made for informal review with two options: More refined versions
of the concepts for the new enclosed “pergola” structure and a modification of the temporary
structure, taking into account comments received from the ARB at its November meeting. While
both were well-received, the ARB provided guidance to the applicant to proceed with the pergola
option, and Tucci’s has agreed to pursue that path.
The next step is to file an application with the ARB for Preliminary Development Plan
approval followed by a later application for Final Development Plan approval, or a combined
application for both. But again, even if Tucci’s had been ready to file an application quickly
after the January meeting, it would not have been placed on the ARB’s February agenda for
review due to the City’s deadlines and rules. In essence, the rules that are in place do not allow
for an application to be heard until at least two months after the first is approved.
While significant progress has been made in the last several months, the clock has run out
on Tucci’s and, without an extension of the deadline to continue the operation of the existing
outdoor patio enclosure, its continued ability to operate and remain economically viable is at
serious risk. Given the good faith efforts that Tucci’s has made to date, and taking into
consideration the timing issues that are part of the City’s review process, we would like to
request that the City provide an extension of the deadline to remove its temporary structure.
The temporary structure required an investment of almost $400,000. Mr. Barnum is
willing to pursue the ARB’s preferred design and ultimately demolish the structure and replace it
with another that will cost even more. But in order to do so, it will involve careful design and
engineering efforts that will take time to undertake. Given that once the demolition is complete
the new structure is likely to take 4-5 months to construct, there will be a long period of time
when Tucci’s will lose the ability to serve customers on the patio. Plus, supply chain issues will
impact the timing of new construction. To require the removal of the temporary structure at the
end of this month will add a significant amount of time during which a large amount of Tucci’s
business will be lost, which will be devastating when combined with the losses that will
accompany the construction period.
Therefore, Tucci’s requests an extension of the deadline to remove its temporary
structure until October 31, 2022. This will provide adequate time for design of the new
structure, review by the ARB, and submittal to the City for issuance of relevant permits while
enabling the restaurant to stay afloat financially until it takes a temporary economic hit during
the new construction phase. With all of this being said, assuming the continuation of the supply
chain issues that the national economy is experiencing, Tucci’s may have the need to revisit this
deadline should necessary materials for construction of the new structure are delayed. Mr.
Barnum will make earnest and good faith efforts to get started on the installation of the
permanent solution as soon as possible, but wants to be transparent that some elements of the
process are outside of his control and may require the timing issue to be revisited later this year.
City Council has his commitment to keep it apprised of this issue.
We appreciate City Council’s consideration of this request to protect a valuable
contributor to the vibrancy of Historic Dublin. Please consider placing a resolution on your next
available agenda in February in order to facilitate the restaurant’s continued progress towards a
long-term solution.
Sincerely,
Aaron L. Underhill