A city official plans to meet with the owner of Clintonville's new Jimmy John's restaurant regarding encroachment of the business into the public right of way, Clintonville Area Commission Chairwoman Libby Wetherholt reported at the CAC's Nov. 2 meeting.
Wetherholt said she was contacted by Jerry Ryser, the city's right-of-way and permit manager, about the issue with the restaurant at 4409 N. High St., just north of Henderson Road.
A door and two steps leading into the shop are in the public right of way, Wetherholt said.
She said Ryser told her that the city's policy is to minimize encroachments into the public right of way because of potential violations of the Americans with Disabilities Act.
The restaurant's options include reconfiguring the interior so that the steps are within the building; creating a new entrance that is fully on private property; or creating a recess in the door area to keep the steps out of the right of way.
"I did let (Ryser) know that many visually limited people use that sidewalk going to the bus stop, so there was quite a concern about that," Wetherholt said.
"I also told him that they do have entrances on the parking-lot side and that this entrance was not shown on the plans that they submitted."
Wetherholt said the right-of-way and permit manager had been in touch with the owner of the Jimmy John's franchise but had not yet arranged a meeting to go over the encroachment.
CAC members voted 7-1 Feb. 2 to oppose a parking variance needed for the sandwich shop to take over the building, but the city's Board of Zoning Adjustment ruled in favor of the owner.
District 6 representative Randy Ketcham, who noted with some bitterness the BZA's 3-1 vote in early March that ignored the CAC's recommendation, said the right-of-way issue is further proof that the position of the neighborhood was the correct one.
"It's just the wrong spot for this, and here's another example," he said.
Jimmy John's franchise owner Brent Zimmerman had little to say on the matter Nov. 6, except that he disliked being quoted in the newspaper.
"It just never helps," he said. "There isn't a problem. The store was built to specifications approved by the city."