You've got to feel for Donald Arena. The guy goes to a bunch of trouble to fix up his business, only to find out really late in the process that the City screwed up and didn't tell him about all of the requirements the project would need to meet. The City is trying to ensure the goof doesn't happen again, but in the mean time Arena is stuck. He may be forced to install windows which he then has to cover up -- an expensive and silly requirement.
Arena is appealing his case, but it's not clear that he stands a chance. Any sympathy the City Council may have felt toward his situation will likely fly out the window thanks to the nature of his business. The Foxy (formerly Foxy Lady) isn't the most family-friendly establishment in town. And you can bet that somebody will play the "ignorance of the law is no defense" card. Never mind that a City that doesn't know its own laws doesn't deserve to have those laws enforced.
Ultimately, folks doing construction Downtown will be faced with even more requirements, paperwork, and bureaucratic hassle than before. Hopefully the City ensures that even with the extra steps, the process proceeds smoothly. The last thing we want to do is push all but the most determined and flush-with-cash developers out of the area.
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I renovated a building in the same area as Mr. Arena and we were made aware of the window requirement very early in the planning process. So I’m not sure who screwed up here, but it seems like they could waive the requirement on this one.
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