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Delray commissioners OK sidewalk cafe for The Office

The Office sidewalk cafe along Pineapple Grove Way failed to meet city safety rule because the tables were too close to the street. A somewhat revised layout was approved Tuesday.

By David Sedore, Palm Beach Business.com

DELRAY BEACH — The Office will get to keep its sidewalk café after all.

Delray Beach city commissioners on Tuesday approved a waiver allowing the restaurant to keep its café even though the section along Pineapple Grove Way fails to meet city code requirements. The Office agreed to modify the design of the café in order to get commissioners’ approval.

Commissioner Adam Frankel voted against the waiver citing safety concerns.

The Office, one of Atlantic Avenue’s more popular eateries, has operated the café since it opened, but city officials rejected the restaurant’s request to renew its annual café permit because of a new rule requiring that tables be set back at least two feet from the street for safety reasons. 

Sidewalk cafes also must maintain a minimum space of five feet for pedestrians between the tables and the building. The sidewalk along Pineapple Grove Way is too narrow to meet both requirements.

The Office’s owners appealed the decision to city commissioners two weeks ago. They lost, but commissioners suggested they might be willing to grant a waiver instead if the restaurant modified its café layout to alleviate some of the safety concerns.

The compromise: The restaurant agreed to replace most of the four-seat tables with two-seat tables. It wasn’t enough for Frankel.

“All it takes is one car to go up there and people could be hurt and the city liable,” Frankel said.

Commissioner Angeleta Gray agreed — and disagreed.

“If there’s going to be an accident, two feet’s not going to matter,” Gray said.