Visible Voice Books granted variance for patio entertainment
by Chuck Hoven

(Plain Press, July 2008) At its June 2nd meeting, the Board of Zoning Appeals granted Visible Voice Books, 1023 Kenilworth Avenue, a variance allowing it “to expand a retail book store by adding an outdoor patio with food and beverage service and live entertainment.” The variance was allowed with a number of conditions agreed to by the Auburn Block Club to limit the hours of use of the patio and the type of entertainment allowed on the patio.

David Ferrante, owner of Visible Voice Books, said he would only sell wine and not beer and hard liquor on the patio. He promised to sell all the other liquor permits he had purchased and just maintain the permit to sell wine. He also testified that he had a signed agreement with Our Lady of Mercy Church and Hope Academy to not sell wine or play music while the church and school are in session.

Prior to the hearing, the Plain Press printed an article on its website giving notice of the Board of Zoning Appeals hearing and registering residents concerns about the increased traffic and parking problems caused by increasing the number of neighborhood businesses that are destinations for people outside the neighborhood rather than just serving neighborhood residents. The article voiced resident’s concern that all the schools and churches in the immediate neighborhood be fully aware of the nature of the project and have a chance to voice their concerns at a public meeting prior to the zoning appeal.

Ward 13 Councilman Joe Cimperman minimized the concerns expressed in the Plain Press article while offering his support for the variance. He noted that parking was not a concern because there is plenty of parking around the perimeter of nearby Tremont School. He noted the bookstore owner had agreed not to have entertainment until 3:30 p.m. so there would be plenty of parking spaces because Tremont Montessori School would be out of session during the entertainment hours. Cimperman further noted that all the neighbors living on the street where the bookstore is located supported the expansion.

Cimperman and Ferrante said they had secured agreements with residents on the immediate street, Our Lady of Mercy Church and Hope Academy. No mention was made of any discussion or agreements with the other neighborhood institutions within 500 feet of the business, which by law received notice of the Board of Zoning Appeals Hearing. Those include Tremont Montessori School, Iglesia De Dias Pentecostal Church, St. John Cantius Catholic Church and three programs on its campus – the WEEMS Charter School, the Positive Education Program and the Spanish American Committee Day Care Program.

Henry Senyak, who sits on the church council at Our Lady of Mercy Church, said all the institutions in the neighborhood should have had an opportunity to learn of the full nature of what was being proposed at the bookstore. He called the Board of Zoning Appeals notice that went out to residents and institutions in the area “sanitized.” He said a person reading the language of the Board of Zoning Appeals notice (see first paragraph above) “would think that someone wants to serve sandwiches and soft drinks.”  Senyak says in effect the Board of Zoning Appeals is allowing a use that if sold in the future to another owner could end up as a full blown nightclub.

Visible Voice Books owner Ferrante said he didn’t understand how his serving wine was creating a problem in the neighborhood when he said there were at least 20 establishments selling alcohol within a short distance of his bookstore. He admitted speeding cars were a problem in the neighborhood saying he almost got hit crossing the street by his store.

Ferrante was upset that the Plain Press did not call him prior to publishing the online story before the Board of Zoning Appeals hearing, however, when asked after the zoning hearing if he had met with all the churches and schools in the immediate neighborhood, he refused to comment.

Senyak remains concerned that neighborhood institutions be brought into the planning process. At the June 12th meeting of the Lincoln Heights Starkweather Block Club, Tom Cook, co-chair of the Economic Development and Long Range Planning Committee of Tremont West Development Corporation agreed that the organization must do a better job of involving institutions in the planning process. “Historically, I don’t think it has been a priority at all,” Cook said.

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