The Cheba Hut toasted sub shop is planning to install a new outdoor eating area in the upcoming months after receiving a conditional use permit from Madison’s Plan Commission Monday.
Cheba Hut Owner Marc Torres presented commission members with plans for the new 450 square foot porch that would be located at the back of the shop and made from redwood with a bamboo privacy screen along the eastern side. Torres plans to begin construction any time between Oct. 13 and 17 with the newly-administered permit.
The permit was originally a unanimously approved item for commission members until complaints from a neighboring resident brought up a discussion about the establishment’s use of amplified music.
“I live in the back side of the building and they installed a speaker system for outdoor music,” the West Gilman Street resident said. “I’ve at least three times have had to call the police on them.”
The city’s zoning administrator, Matt Tucker, explained the restaurant did not violate any zoning codes with the speakers, despite the resident’s complaints.
“Right now, it’s perfectly legal for them to have outdoor amplified sound and it is up to the police ... to decide whether or not that amplified sound is disruptive,” Tucker said.
The permit will change this policy, however, due to the three conditions of the city’s approval. Under the new conditions, there must be no outdoor amplified sound on the porch and the restaurant must close the outdoor eating area at 10 p.m. from Sunday to Wednesday and 12 a.m. Thursday to Saturday.
The restaurant will also be able to serve patrons alcohol on the deck, with an alcohol license administered by the city Aug. 20. The conditional use permit will require the owners to keep the deck’s occupancy at a 16-patron maximum to stay in compliance with the Alcohol License Review Committee’s policies.
Torres told committee members he was “happy to comply” with all requirements and remove the amplified music.
“We definitely understand the need to work with our neighbors and our community to have strong relationships,” Torres said, “and that’s how we’ll continue to operate.”
