‘I’m terrified’: Shuttered Hamilton restaurant’s fate hinging on zoning bylaw amendment

Jan Male says she has just one more week" to carry her restaurant, the Iron Horse Saloon, before she'll have to file for bankruptcy.

The Melvin Avenue restaurant has been fully closed since mid-June, when Hamilton entered Stage 2 of the province's reopening plan, which allowed eateries in the province to reopen their patios.

Male said her restaurant was open for takeout throughout the pandemic, but when her application for a temporary outdoor patio" in her parking lot was rejected due to zoning, she had to close entirely.

There is no point. People are going to go to a place where they can sit and eat instead of coming to my place," she said. I'm really scrambling."

Male is just one of a small number of businesses" that have been unable to establish temporary outdoor patios because of the zoning restriction regarding abutting residentially zoned lands," according to a motion coming to council on July 7 from Councillor Sam Merulla.

In mid-May, the City of Hamilton passed a bylaw that would allow the creation of outdoor dining districts" and temporary outdoor patios on streets, sidewalks, and parking areas on public and private lands in the wake of COVID-19.

So far, 68 permits have been approved.

Merulla's Tuesday motion would amend the city's zoning bylaw, easing rules and allowing restaurants that neighbour residential areas such as Male's to once again reopen and establish a temporary patio.

The only two caveats are that the patios must be setback at least five metres from any residentially zoned property and it doesn't obstruct a driveway, parking aisle or fire route. The Hamilton Spectator was not able to reach Merulla for comment Friday.

If passed, the bylaw will be in effect until Dec. 31.

For Male, the fate of her business hinges on how fast she can get her patio permit approved.

The pandemic has been particularly hard hitting for her, as her business only just got started March 2, mere weeks before the province went on lockdown.

As a new business, Male said she didn't qualify for financial assistance from the upper levels of government.

We're all in tears, it's been horrible," said Male.

If she hits any further red tape, she fears she will have hand in her keys."

Otherwise, we can't survive," said Male. I'm terrified."

Fallon Hewitt is a Hamilton-based reporter at The Spectator. Reach her via email: fhewitt@thespec.com