That errant door on the North High Street side of Clintonville's new Jimmy John's restaurant?

It's now a window.

Clintonville Area Commission Chairwoman Libby Wetherholt, speaking at the panel's Feb. 1 session, announced that the right-of-way snafu involving the door that opened directly onto the sidewalk has been resolved.

The situation arose in late October when three concrete steps appeared directly on the sidewalk in front of a door at the sub shop, 4409 N. High St., said Jerry Ryser, manager of the Department of Public Service's right-of-way and permit section, division of infrastructure management.

In an email Ryser sent to Wetherholt on Jan. 24, he wrote that the developer worked with the city's building and zoning department to correct the issue.

A consultant for the developer, according to the email, said, "We have essentially removed the function of the door because it is not necessary for egress. It will be securely fixed, labeled properly on the interior and will not be used as an exit, emergency or otherwise."

The door, the email continued, "should not have any hardware and must be clearly fixed and labeled so occupants of the space have no doubt this door is not an exit or an emergency means of egress. From the outside without a step it will appear to be an architectural feature, but from the inside it needs to look as part of the window system and not an operable door."

Wetherholt first raised the issue of the sidewalk steps and potential right-of-way encroachment at the CAC's Nov. 2 meeting.

At that time, Jimmy John's franchise owner Brent Zimmerman declined to comment on the situation.

He later maintained that the doorway onto North High Street clearly had been shown on plans submitted to and approved by the city.

Wetherholt and Jeffrey M. Ortega, assistant director of the Department of Public Service, both disputed that.

"The plans don't show an entrance at all straight on the sidewalk," Wetherholt said Nov. 14.

The steps were removed Dec. 1.

"The plans have been submitted with this proposed revision and the plans have been approved on (Dec. 21, 2017)," Ryser wrote in his email. "Based on this approval Public Service considers this issue resolved and no further action will be taken."

kparks@thisweeknews.com

@KevinParksTW1