ENCINITAS — Despite some residents’ objections, the Encinitas Planning Commission gave Bier Garden the OK two weeks ago to open its patio windows until 10 p.m.
Last week, resident Susan Crane appealed the decision, sending the case to City Council for a thumbs up or down vote on Oct. 9.
Bier Garden’s patio faces homes in the mixed-use Pacific Station development, where Crane once lived.
She announced her intent to file the appeal at last week’s City Council meeting, arguing too much noise emanates from Bier Garden.
And residents have argued that unfastening the windows of the establishment will only make it louder. Crane went on to say that Bier Garden ignored the regulation process when applying to open the windows, but didn’t go into detail about which procedures were skipped over.
Crane did not respond to calls requesting an interview regarding the appeal.
David Creviston, one of the owners of Bier Garden, said he hoped the windows would be ajar in roughly two weeks, but they’ll remain closed until the City Council decides their fate.
“We thought this was resolved,” said Creviston.
The operators of Bier Garden applied for permits to open the windows to improve circulation and the ambiance of the establishment.
In response to residents’ concerns, Creviston said he’s worked with a sound engineer to try and muffle noise coming from the restaurant. Two potential solutions: Plexiglas on the patio’s perimeter and soundproofing insulation on the ceiling, he said.
“We don’t want anyone to not be able to sleep at night,” Creviston said.
But he also said that some are blaming Bier Garden for noise coming from nearby bars and other establishments. He added that Bier Garden isn’t “wild,” closing by midnight Thursday to Saturday and by 11 p.m. the remaining nights.