By Linda Bentley | september 23, 2015
Hideaway Roadhouse ordered to cease use of patio built in town ROW
CAVE CREEK – Mayor Vincent Francia moved the last item on the agenda, to consider a temporary, revocable license agreement between the town and the Hideaway Roadhouse, located at 6900 E. Cave Creek Rd., to the top of the agenda.
The agreement, as proposed by Jim O’Toole and O’Toole Land Company LLC, which owns the property, would allow the Hideaway Roadhouse to continue using the patio it constructed along the south side of the building in the town’s right-of-way (ROW) for a license fee of $25 per month.
Town Manager Peter Jankowski told council it had come to the town’s attention that the Hideaway Roadhouse built the patio in the town’s ROW without a permit.
He said, “This is a considerable structure.”
The application submitted to and approved by council on the June 1 consent agenda, and subsequently approved by the Arizona Department of Liquor Licenses and Control, was for a new #6 (bar) license, so when O’Toole’s partner Mark Bradshaw applied, he did not need to apply for an extension of premises for the patio, since the area was vaguely depicted in the diagram in the new license application, without stating what the rectangle block in the diagram was.
Following Monday night’s meeting where council voted to direct staff to cite the owners of the Hideaway Roadhouse and order them to immediately cease and desist use of the patio built (without a permit) in the town’s right-of-way, the tables and chairs were removed and the patio was barricaded off from use.
Councilman Thomas McGuire asked O’Toole if he believed he had a permit to serve alcohol on town property.
Vice Mayor Steve LaMar asked O’Toole about the variance he recently had approved for the Hideaway Roadhouse’s water tank monument sign that encroached in the town’s ROW.
O’Toole said he believed the variance dealt with the height of the sign, not for being in the ROW.
LaMar asked O’Toole who gave him permission to build the patio in the town ROW.
O’Toole said he spoke to Jankowski about their plans for a patio, indicating Jankowski approved their plan.
Jankowski stated that was a misrepresentation and said, “I never gave approval to build in the town ROW.”
O’Toole claimed he didn’t say that but went on to say council approved their liquor license application which reflected the patio.
LaMar asked if they got a permit for the patio.
“We did not,” replied O’Toole.
O’Toole stated the patio was not a permanent structure and was built with pavers that could be easily removed if the town needed to access its utility easement.
Councilman Dick Esser asked how wide the patio was.
O’Toole said it was around 10 feet.
Francia asked O’Toole if he knowingly built the patio without a permit and on someone else’s property.
O’Toole stated they had gotten a permit for the garage doors that open up to the patio structure.
During public comment Katya Kincel said she’s known O’Toole for many years and claimed he would never do anything outside of regulations.
The above video is local "activist" Katya Kincel carrying on that the Roadhouse owner wouldn't do what he had just admitted he did, which was made a "balcony" without a permit and intruded on Cave Creek property. Council cited him for both transgressions.
She asked council why they were so “questioning” of him and accused the town of selective enforcement.
Francia stated they were asking questions because that was the item before council.
Mike Shier said the patio was just temporary block and landscape materials. He said the area was just landscape before and it was still landscape “only now it’s built up.”
Ron McGee asked what the differentiation was between the town’s utility easement and the landscape beautification project, suggesting the patio was perhaps in the beautification area.
Mary Allred asked council if any of them had visited the site. She said it improved the appearance and will bring revenue to the town.
Kevin Price, general manager of the Roadhouse, said, “We didn’t do this maliciously. I think it benefits everyone in the long run.”
Traci Casale said the rodeo purchased a storage shed and didn’t know they needed a permit. She said they didn’t realize, because it was over 200 square feet, they needed a permit. But they paid the permit fee and the fine and made it right.
Toby Payne said he agreed it looks nice but questioned the construction of the railing to keep people from falling off. Payne also questioned light poles installed, which he said had concrete footings, and said, “I hear there’s the possibility of an outdoor stage.”
LaMar moved to direct staff to immediately take steps to cite the roadhouse for town code violations along with a requirement they cease and desist use of the patio.
LaMar said if they didn’t know it was in the ROW, all they had to do was get a permit.
LaMar reiterated what O’Toole said about the structure being temporary and easily removed.
Esser, who seconded the motion, said, “It’s time to rein you in and ask you to comply.”
Councilman Ernie Bunch, noting the patio was on the town’s property and had concerns about liability of people drinking on the town’s property.
However, Bunch also said the addition creates a “kind of liveliness” to the town and said he was not going to support the motion, believing there was another remedy.
Councilwoman Susan Clancy said the liability was way too great.
McGuire stated, “You can put whatever boundaries you want on a liquor license,” but stated that has nothing to do with building on the town’s property.
Francia said he found himself in the same predicament as Bunch but stated, “I completely understand the vice mayor’s motion.”
Council voted 5-2 to support LaMar’s motion with Bunch and Francia dissenting.
