Updated: Del Ray Pizzeria Permit Violations Carry Questions of Enforcement
City staff is allowing Del Ray restaurant to operate with twice as many seats as allowed while it applies for a revised permit.
6:40 p.m. update — Erik Dorn, one of the owners of Del Ray Pizzeria, emailed Patch the following statement:
"There is no question that the owners of Del Ray Pizzeria should have been more vigilant in assuring that their restaurant operated in accordance with all of the Special Use Permit conditions imposed by the City of Alexandria as part of the administrative approval allowing DRP to open its doors in October 2010. There are no excuses. I apologize to the community and the city.
"In January 2010, DRP received a Special Use Permit to open a neighborhood restaurant with 32 seats inside and 12 outdoors seats. The number of seats approved were the maximum number of seats that could we could have been approved given the number of parking spaces that are on the DRP property. At that time, we believed that as a new venture the number of seats would accommodate the projected level of business. If successful, it had been our plan to try to find additional parking so that we could apply for additional seats. Up to 100 seats can be approved administratively if the code required parking can be satisfied; otherwise, a parking reduction special use permit is required.
"Several things happened, in November 2010, DRP was fortunate to be able to engage Eric Reid from the just-closed Del Merei Grille to manage and operate the restaurant. This represented a change of course and a management team that was not involved in the early business planning and special use permit approval. To our pleasant surprise, DRP blossomed. With this success came the challenges of operating a small business; being profitable, meeting client expectations and taking care of day-to-day affairs. It was in this process that we got ahead of ourselves. Bar stools were added where before it was for standing patrons and 10 additional high-top tables were added to accommodate demand. People were happy and the business was sustainable. Reality struck when the Zoning Inspector made his annual inspection and noted a number of SUP issues. We promptly filed an application to amend the special use permit to increase the number of seats with a parking reduction and have addressed the other violations."
— — — —
Del Ray Pizzeria currently has double the seating allowed by its special use permit, but city staff is allowing the restaurant to retain all the seats as it applies for a revised permit.
Alexandria Deputy Director of Planning and Zoning Barbara Ross said the issue was discovered during an annual inspection of the pizzeria in December that coincided with a citizen complaint about the restaurant.
Ross said she believed the restaurant’s permit allows for 36 seats, but that the pizzeria is operating with more than 70 seats.
“We did find a series of violations, including too many seats,” Ross told City Council on Saturday at City Hall. “They immediately filed an SUP application to increase their numbers. It involves a parking reduction.”
The SUP application to expand the seating is scheduled to go before the Planning Commission in April. Also included in the application is the proposed addition of a private upstairs dining room that will be used only for special events. Plans for an outdoor patio on the second level have been scrapped.
When asked by Mayor Bill Euille why the extra seats were not removed, Ross said staff used discretion in its enforcement priorities.
Ross said the approach was about tackling violations that were “easier to correct” and “less damaging to the success of the business.” Ross said her department had received a series of complaints from adjacent owners about a variety of violations at the restaurant, including some involving trash and deliveries. She said they’ve all been corrected and that staff received no complaints about the extra seating.
The issue was brought before council during Saturday’s open hearing period by Sarah Haut, a member of Del Ray Citizens Association Land Use Committee. Haut said an increase in seating in an area with limited parking can have a significant impact on neighbors.
“I thought the zoning ordinance and the permit process was put in place to maintain a balance between businesses and residents in a neighborhood,” Haut said. “In this case, we’re just going around that. I’m extremely disappointed in the way the city has handled this and I hope it doesn’t become the standard process.”
Haut’s remarks set off a discussion about the level of discretion city staff should use when enforcing permit violations.
Councilwoman Alicia Hughes called the extra seating a "flagrant violation of the law.”
Euille called the amount of extra seating “blatant.”
City Manager Rashad Young said discretion in this situation isn’t much different than a police officer deciding whether to issue a traffic ticket. He said the restaurant’s work to correct other violations represented “a good faith effort on behalf of the business to come into compliance, so then we felt comfortable exercising the discretion to get into compliance with the SUP.”
Young said council should have a conversation at a later date if it wants to develop rules about flexibility and discretion when enforcing permits.
“I think discretion is really important in this case,” Councilman Rob Krupicka said. “I don’t condone massive changes to people’s SUPs without oversight, and I think we have to talk about how we can have better oversight in a situation like this. But I also know that if staff would have taken a hard line in December and said 'You have to come into compliance,' this business would have had to shut down.”
Krupicka said if the decision is to take a hard line on violations, the city will be shutting down restaurants every week.
Councilman Paul Smedberg and Euille both said that no one wants to put a restaurant out of business.
“I would like to know when they actually put those seats in there,” Smedberg said. “We’ll have to take their word on it. Regardless of the circumstance, they took a chance.”
Sean Snyder, general manager of Del Ray Pizzeria, told Patch on Monday that the extra seats were the product of a "communication error" that occurred when an ownership change occurred just two weeks after the business opened. New ownership added the seats believing that there was no violation as long as they stayed within the fire code.
Dan Brant
7:56 am on Tuesday, March 20, 2012
I would like to see what the seating and parking requirements and limitations are. Are they available on line some place? As a citizen of Del Ray we are very fortunate to have several very nice restaurants and I would hate to see them impacted by something's as silly as the number of parking spaces or seats they have available. This article appears that there is a desire to stifle success - a rooftop deck in Del Ray would have been amazing! And the Del Ray charm isn't going any where. And, we are not going to get more parking...
Autoexec.bat
9:28 am on Tuesday, March 20, 2012
I have talked to restaurant owners about rooftop decks along the Avenue. They know of the potential but are loathe to take on the city, the residents, or the "process" as a whole. Not worth it apparently, which says a lot.
Leland Ness
10:20 am on Tuesday, March 20, 2012
Parking is not "silly" if you live near the restaurants. Especially if you lived there decades before the restaurants moved in and have seen the gradual clogging of the local streets.
Sarah haut
9:14 pm on Tuesday, March 20, 2012
I agree with Leland. Parking is not silly. There is a delicate balance between businesses and residents in Del Ray. The zoning ordinance is meant to preserve that balance. Each group has to compromise to a certain extent.
If you would like to see seating and parking requirements, go to the city's web site and look up the zoning ordinance. The city used to also have a Special Use Permit viewer where you could look up a specific SUP by address, but I don't think they keep it up to date.
Ashley
8:02 am on Tuesday, March 20, 2012
What is the point of the whole process when there is no enforcement? Why open a 36 seat restaurant if it takes 70 seats to be profitable? There seems to be no rhyme or reason to what the city will let slide or what they will enforce when it comes to zoning or permits, especially in Del Ray. More and more I wonder if it is a popularity decision. Or you just hire Duncan Blaire as your attorney and all will be approved.
Liz Davis
2:46 pm on Tuesday, March 20, 2012
Completely right,Ashley. I have lost respect for the City government because this ridiculousness. On a brighter note,as a business owner,I now know I can do whatever I want with no accountability! I just thought of some things! Can't wait!
Dan Brant
12:13 pm on Tuesday, March 20, 2012
Leland, your point is well taken and I think it makes perfect sense for the city to protect the parking of residents Ian and around mount Vernon. I would prefer that they do that through residential permit parking, opposed to requiring businesses to have a certain number of parking spaces based on seating capacity. I do think it is silly to hinder quality businesses from attracting quality people, with quality money to spend. Our community can maintain the old time charm and encourage economic development. I doubt that there is adequate parking for any business on Mt. Vernon...but I sure don't want to see a bunch of vacant buildings.
amy lu
1:27 pm on Tuesday, March 20, 2012
Drew, thanks for the mcnugget DRP article. But like City Council, the points being made during public comment period are lost. Point is - City Council made it clear to City staff that Council wants to be viewed as a business-friendly place. But does the City need to support business development at the expense of balancing the ideals laid out in the City of Alexandria Zoning Ordinance (ZO)*? Point is - the City did not follow their own rules, repeatedly**. Point is - had a citizen not insisted their complaint be investigated, the one-year review process still would be undone. Point is - City response to citizens is for complaints to accumulated or rise to the level of egregious behavior before taken seriously enough to warrant intervention.
* Numerous uses are 'allowed uses' by ZO on Mt. Vernon and a short list of uses that, because of the adverse impact on the character of the neighborhood, either require a 'special use permit' (SUP) or are not allowed. The ZO can be accessed from the City website main page. It's complicated; a decade of reading and rereading it still leaves my head spinning to understand City staff justifications to support or deny.
**The original Admin SUP requested 56 seats; 32 and delivery services were granted. ASUP restaurants must have 40/+ seats to have delivery service. Even at 36 seat DRP was an unsustainable business. Why grant a doomed ASUP? Clever end run: $250 filing cost plus $50 ticket buys forgiveness vs $575 for permission. Cool.
Drew Hansen
2:24 pm on Tuesday, March 20, 2012
A comment with footnotes. Impressive!
Leslie Hagan
1:52 pm on Tuesday, March 20, 2012
Well, putting in double the amount of allowable seating (minus 1) is pretty blatant. As the owners are, in theory, experienced restaurant owners, why did they even do such a thing, knowing that it would be unprofitable? Answer, to assuage and deceive the immediate neighborhood. Mr. Krupicka to the contrary notwithstanding, this was a blatant violation of the SUP. From the quotes in the article, one is left with the impression that some Council members are giving the message to the business community that it is just fine to ignore the SUP conditions, after all they want profitable businesses. If that is the case, what is the point of the whole process? Clearly, once again, it is Council members choosing businesses and development over residents in a community. Each Council member always runs on a "protect the residential areas from development" platform, but when reality hits and SUP violations are brought to light, the residents loose. I would point out that these same owners are the ones who want to put a barbecue restaurant at the intersection of Howell and Rt 1. Their description of what was viable there was laughable. The Howell Avenue residents would do well to consider this foretaste of what they are in for. More that all this, there is the basic issue of trust - can the voters of Alexandria trust Council?
Rob Krupicka
2:45 pm on Tuesday, March 20, 2012
I think the Council was clear with city staff that we need to review the appropriateness of the level of discretion in this case. I would also point out that residents and businesses violate various city rules every day. Most fix them after being informed of the need to fix them. The city could take harder lines towards both residents and businesses. But attracting and supporting small, locally owned businesses does require some level of discretion. A hard line is the surest way to tell small businesses to stay out of Alexandria. Despite comments to the contrary, Alexandria is well known throughout the region as being one of the hardest places to do business or development (a point of reference -- look how fast Arlington built out their area of Potomac Yard compared to the City). We have very high standards and expectations and take more time (we were one of the slowest growing areas in the region over the last ten years). And people regularly say they want small local businesses instead of chains. I want that to. Getting those unique businesses does require some discretion so we can help them succeed. Most small businesses fail - a little discretion can make a big difference. In this case, the issue is parking. Arlington doesn't require its small businesses to come up with parking like we do. As I said, we ask for more than others in the region. And I always appreciate suggestions for ways to do things better. So please share.
Leslie Hagan
3:52 pm on Tuesday, March 20, 2012
I was pointing out that doubling the number of seats in a restaurant is a bit more than leaning a bit. You are right that both businesses and residents do sometimes bend the rules, one has only to drive through Del Ray and count the large number of houses violating set backs, FARs, etc. The same goes for businesses. I wasn't talking about parking spaces as there really isn't any point. There will never be enough and I can't remember an SUP that didn't allow for a parking variance. However, the citizens of this city need to have some faith in the processes of the city, and egregious violations such as this one makes many of us seriously doubt just how much we can trust the processes. After 36 years living in Del Ray, I have seen the Small Area Plan more honored in the breach than in the observance so many times that I sometimes wonder why there is a Small Area Plan as it always seems to give way. Even if residents sometimes disagree, and even disagree strongly, much of their disapprobation comes from knowing how often promises and guarantees have been broken in the past. The Alexandria of years past was a place where the City, the Council, and the citizens all worked together. Those days seem gone. Many people tell me how difficult it is now to get information or answers from staff and many feel totally disenfranchised from Council, the very people they voted for to represent them. The whole process needs to be revised.
Leland Ness
5:29 pm on Tuesday, March 20, 2012
Rob, I will take your word for it that Arlington has no parking requirement for its small businesses, but the protect residential areas in other ways, achieving the same result. Eric Zander posted an article a while back on their use of residential parking zones. We go to Market Common once in a while (yes, I know, boo, hiss; but there is no Container Store in Alex) and marveled at the fact that two blocks south were small single-family homes with adequate parking for them on the streets. It turns out it is protected by residents-only parking permits. I could live with that.
Sarah haut
9:25 pm on Tuesday, March 20, 2012
"Arlington doesn't require its small businesses to come up with parking like we do."
Arlington has many parking garages the public can use when they frequent small businesses so they don't need to require small businesses to come up with parking. I think Del Ray has two parking lots that are open to the public. Perhaps an incentive to get the shared parking program going would be to allow for other parking lots that currently don't allow public parking to charge a fee for public parking.
Rob Krupicka
4:18 pm on Tuesday, March 20, 2012
Leslie,
I agree this case is more extreme and it does warrant a re-think of what discretion means. Staff could have forced them to comply, but that would have shut them down while they waited for a new permit. That would have been very hard result on a small business that is struggling to get by. Staff could have reduced seats by some arbitrary number, but what number? I think the better approach would have been an earlier review of the business, instead of the one year review, to catch the issues sooner. You were on the ARHA board for a number of years. ARHA, in redevelopment, frequently asked that rules be bent and that extra density be given and that open space or historic preservation guidelines be bent. And it wasn't uncommon for ARHA to ask for changes due to financing needs or based on the difficulty of city rules. So you understand the challenge of working through the various city rules and requirements. There are hundreds of citizens that work closely with the city on a wide range of issues and they all contribute significantly. But you are right, there are disagreements at times and ultimately the Council has to make choices to settle those disagreements. I don't know what violations of the small area plan you mention are. Small area plans are guidelines and I think the city does a good job of following them. But I also know they can be changed. I know ARHA has asked for changes in the past. And after lengthy public review, they were often granted.
Leslie Hagan
5:02 pm on Tuesday, March 20, 2012
Rob, vis a vis ARHA, we both know that the variances requested by ARHA were often driven by the builder's requests, not ARHA's. Sometimes the changes were even driven by Council's requests. However, I would point out that ARHA is a unique situation as it involves Federal rules and regulations, state regulations and requirements in addition to local zoning issues so I don't think it is germane to the issues we are talking about here. Let us both agree to stay with the matters at hand and not digress into issues that really do not have any bearing on this story. I did not mean to suggest a draconian shut down but agree that businesses, especially new businesses should be monitored on a regular basis to prevent any truly excessive violation of an SUP before it occurs. It might be wise for Council and the City Manager to work out a process for dealing with violations that would not necessarily require a full shut down for businesses that are otherwise complying,
As for the Small Area Plans, you have only to look at the BRAC area to see how drastically and quickly a Small Area Plan was pretty much pushed to the side. Remember too that some of us have lived here far longer than others and have watched Small Area Plans morph into something far away from the agreed upon plan, especially to accommodate developers, often at the expense of the small area. Again this is a side bar meant only to illustrate one reason citizens are frustrated.
amy lu
9:27 pm on Tuesday, March 20, 2012
I see City Council still doesn't get it. (Using ARHA as an example deflects the argument that City staff failed to perform a one-year review within one year of the permit issuance.)
Rather than City Staff approving DRP for a doomed ASUP*, staff should have told the DRP to have get their act together & file for a SUP. Sure maybe DRP could've fold their tent and Del Ray would have one less place to eat pizza/drink beer. Who knows, we might be better off and have gotten another cool place to shop instead.
I predict City Council will approve 83 seats in the main dining room, 20 seats outdoors, 35 seats in the "events" room and a significant parking reduction. Sure, there will be a condition placed on use of the 35 event room seats but who will know enough to report it when DRP violates those condition?
*Administrative Special Use Permit eligibility criteria and operation conditions are written into the ZO thereby eliminating need to sweat out uncertainty of public opposition at a public hearing.
Phillip Cide
10:14 pm on Tuesday, March 20, 2012
Significant parking reduction?! 83 seats in the main dining room and 35 seats in the "events" room is 118 seats. At 1 parking space for 4 seats this equates to 29 or 30 spaces. Potentially a significant reduction. According to the draft Del Ray Parking Study, the region between Stewart Avenue and Howell Avenue has 29% of the available parking supply but 34-39% of the parking demands - a sign of over utilization.
Perhaps the application should be deferred until some version of the Parking Study recommendations are implemented as a plan.
At the least, the SUP should include a requirement to participate in a shared parking plan when one is implemented. Other SUP's on Mount Vernon Ave have this requirement. Actually, I would think such a requirement would be automatically included in an SUP since it is recommended in the Mt Vernon Ave Overlay Zone Plan.
timp4
11:31 am on Wednesday, March 21, 2012
I gotta ask, is the issue really zoning, or is the issue that people like amy lu would rather have "cool places to shop" than another place to "eat pizza/drink beer" on the avenue?
amy lu
2:18 pm on Wednesday, March 21, 2012
That's so sweet of you to ask timp4. The issue for me is neither "cool places to shop" nor "eating pizza/drinking beer".
DRP owner Eric Dorn signed a document with the City agreeing to terms; he broke his promise. He's seeking a remedy and has apologized. Okay.
The City, through regulations, promises to review applications, weigh the impact of and regulate business uses that are known to have an adverse impact on the neighborhood, and enforce these regulations. That includes a 1-yr review. They did not until 14 mos (and possibly greater) passed, and then because it was brought to their attention. Not okay.
The issue is - keeping promises made.
I hope "people like amy lu" (and those not) aren't dissuaded or intimidated from exercising their freedom of speech as long as we speak with civility.
Update on my earlier statement: City staff determined the number of seats permitted qualified for delivery service: 32 + 12 = 44. I don't disagree with the justification though it does makes my head spin (Seasonal seating doesn't count toward parking, why delivery? Was this formula clarified in the Zoning Ordinance or the staff report? Issue of gov't transparency.)
Leland Ness
2:37 pm on Wednesday, March 21, 2012
Well, zoning/parking really is the issue for me. We eat at DRP at least once a week - we like Eric's food and we like Sean and the folks at the front of the house. They are a great addition to Del Ray, and only a block from our house! But I do not like the parking problem that they and other businesses have created. A purpose of the SUP is to balance the needs of businesses in a residential neighborhood.
Bob Rouse
4:25 pm on Tuesday, March 20, 2012
It's reassuring to know that some intelligence, common sense, and diplomacy are being used when enforcing ordinances, and not just a blind sledgehammer one-size-fits-all approach. This looks like a win-win.
Leslie Hagan
7:00 pm on Tuesday, March 20, 2012
Drew, sorry my pc ate the last couple of lines of the article. I withdraw my statement but not my concern.
Autoexec.bat
10:27 pm on Tuesday, March 20, 2012
Everyone in the comments section earns a Jr. Code Enforcer merit badge. Congrats to all. I just came for the pizza.
Unhappy with status quo
11:08 pm on Tuesday, March 20, 2012
It is time for a change in leadership in Alexandria providing new ideas for governance in the city. The same people have been occupying council seats for too long with ideas that have not moved forward with the times. This just adds to the long list of discouraging decisions made since the last independent election when the citizens of Alexandria could discuss issues concerning only the city and not coupled to other political races. I can't wait to give voice to my disillusion in the upcoming Democratic primary.
AKC
8:35 am on Wednesday, March 21, 2012
Could someone please define "profit"? The handful of times I've dined at DRP the place has been packed and with a 30 minute wait. I'd guesstimate that they're grossing at least $15,000-$20,000 a night just from Thursday-Sunday. That's $50,000 every single weekend, $200,000 a month. I won't even bother estimating their earnings the rest of the week because the point isn't needed.
They're making money hand over fist.
Mark Allen
9:46 am on Wednesday, March 21, 2012
It's a shame that City officials don't hold the same views when it comes to parking enforcement in Old Town. The aggressive, unforgiving patrols of police and parking enforcement officers stifle the restaurant business in Old Town every single day -- just ask the restaurant owners. Clearly there's no "discretion" being used there except to allow for hordes of motorcyclists to consistently break the law in full view of the police.
amy lu
12:17 pm on Wednesday, March 21, 2012
I accept DRP owner Eric Dorn's explanation of why DRP fell so far out of compliance regarding seating. His mea culpa explains why DRP was cited for that and 9 other known violations [e.g. 11-513(C)(13)* Applicant shall conduct employee training sessions on an ongoing basis, including as part of any employee orientation, to discuss all special use permit provisions and requirements...]
As for the City - Planning & Zoning's 1-year SUP compliance review could have occurred between Jan 2011 (1-yr after permit issuance) and Oct 2011 (1-yr after first opening), as determined by PZ staff. A site inspection was done on Dec 15, 2011, fourteen months after opening and the day after the department received an insistent citizen's report of what is an blatant violation of any ASUP.
Point is - the City depends on neighbors to report suspicious behavior. Have a question, then report it to Citizens Assistance**. Let the City figure who's responsible. Insist on accountability. Don't take 'No' or 'No response' as a suitable resolution to your question or complaint.
*Alexandria Zoning Ordinance, pg 683, Supplement 11-52.7. The Zoning Ordinance is accessible from http://alexandriava.gov/Planning under Quick Links - Resources.
**Drew - idea for a series of articles: which City Department does what, who takes our questions/complaints, what happens then. Reveal the maze of Departmental jurisdiction for us.
Leslie Hagan
12:54 pm on Wednesday, March 21, 2012
I would be more inclined to accept Dorn's explanation had he not owned other restaurants and therefore had at least some knowledge of SUPs. Further, Eric Reid had been a chef, if not minority partner, in his previous restaurant, which meant he. too, had knowledge of SUPs. If he were not familiar with the SUP this restaurant was operating under, it was Eric Dorn's responsibility to have informed him Surely Dorn could not have failed to notice the increase in seating - a few, maybe, but double? While technically under the number approved by the Fire Marshall, I wonder if the Fire Marshall would have approved that number for seated guests. Would that have made a difference?
Jane
6:23 pm on Wednesday, March 21, 2012
While I appreciate the concerns people have raised, I love having DRP in the neighborhood and applaud the city staff for working with them to address the issues, rather than taking a hard line.
Tim Bean
8:42 pm on Thursday, March 22, 2012
Mt Vernon Ave is major public transportation route with metro train within a mile or so of the restaurant. Why is seating associated with parking spaces? I live on E. Howell Ave, where are Evening Stars parking spaces? In front of my the house is the answer and we welcome the people to spend money in our community. The owners need to do the right thing but the city and community needs to give them the chance to do so.
Leslie Hagan
9:54 pm on Thursday, March 22, 2012
I gather Mr. Bean has off street parking. How very lucky for him. Many of us on East Howell do not and the increased seating at any nearby restaurant means increased on street parking for the neighborhood. Parking ratios of the number of seats to the number of parking places is ridiculously low if the ratio is enforced but I have yet to see an SUP granted where an exemption wasn't given for parking. And, once the SUP is granted, often times further administrative SUPs are granted to drop the number of parking places even lower. If this is an example of how SUPs are going to be enforced, let us have residential parking stickers now. I had easier parking when I lived on Capitol Hill than I have on East Howell.
Michael Shue
9:16 pm on Tuesday, April 3, 2012
Just saw this on Twitter - it seems like a significant amount of hysteria over nothing. We should be encouraging small business development in Del Ray not hand wringing over permitting.
Leslie Hagan
9:41 pm on Tuesday, April 3, 2012
Clearly Mr. Shue does not live nearby. Further, while this is only over seating, it was a pretty flagrant violation. No one wants this restaurant to disappear but following regs is what makes things work in this city. Doubling the seating is not "nothing". We all encourage small businesses here but want them to follow the rules that they are told to abide by. That doesn't seem hysterical to any of us.
Drew Hansen
9:51 pm on Tuesday, April 3, 2012
Planning Commission decided tonight to defer the Pizzeria's permit proposal for two months and cut back its seating to roughly 56 indoor and outdoor (with some city staff discretion here) to prove it can come into compliance. Look for more tomorrow.
Leslie Hagan
10:34 pm on Tuesday, April 3, 2012
Thanks for the update, Drew.
JJ
5:38 pm on Monday, April 9, 2012
Easier parking on Capitol Hill? That's funny, perhaps only bc you had a residential pass. Bet you have to walk all of a block in the worst of times here. I live a block away from DRP, St. Elmo, Pork Barrel, and the Dairy Godmother, and have no issue with parking. Yes, we park in the street. Almost all those customers, save Dairy Godmother, walk or are customers from the neighborhood. Plus I have a new park a block away. Do you want to shoo away the livelihood that gentrified Del Ray in the first place? Wonder how many people on the zoning board actually are residents. All I know is that there is no longer a seat available for me at my corner restaurant/bar/regular hangout. Instead it's lines out the door like some uninviting non-Main Street-neighborhood.
As for residents and businesses disobeying many ordinances and rules daily, the most ironic was that while threats of penalties for snow shoveling sidewalks were consistently handed down, I kept busting my arse on the block in front of the farmer market area (city-owned space) because of all the ice and snow accumulation on the sidewalk after disembarking from my bus every day...until I finally alerted them two winters ago. Accidental and overlooked, I'm sure, but a self-imposed penalty or punishment would have been silly. Of course, an apology would have been nice. DRP at least did that.