Sparks were flying in Breckenridge last week, when town planning commissioners refused to budge on the rules for a prominent business owner.
Terry Barbu, owner of Blue Stag and Flipside Burger, is planning a seventh downtown restaurant in the old Brooklyn’s space on Main Street. It would be an upscale speakeasy, dubbed Chalet Breckenridge, inspired by Swiss fondue restaurants. He described it as “absolutely beautiful” and the kind of restaurant that could bring national attention to Breck – much different than the billiards bar it would replace.
“It’s all couches and cocktail tables,” Barbu told commissioners at the regular meeting Sept. 3. “It’s a place that people can go … to after dinner that are a little bit older, that don’t want to go stand in a bar, that don’t want to do things along those lines, and so that’s what Chalet is.”
But first, Barbu asked the town to grant a deviation for his business license. Built into the town code is something known as “employee impact mitigation.” It says a business owner must provide a certain number of housing units before opening a business, based on the size of the business and its staff. Without a deviation, Barbu would have to find more housing to be fully staffed – or pay a penalty.
“It’s frustrating to me that I’ve got to buy a house in order to remodel a restaurant,” Barbu said, arguing that Chalet, as a business, is almost indistinguishable from Brooklyn’s. The two have the same square footage and full-time staff. They share the same type of license.
“We’re taking a tavern license and turning it into a tavern license,” Barbu continued. “We’re taking the same number of employees and keeping them.”
The only difference, he said, is how they are using that license. Chalet would serve food. Brooklyn’s did not. The new restaurant might be able to skirt the housing code, but only if customers served themselves.
Commissioners denied his request by split vote, 4 to 2, recognizing the town code is complex, but it is non-negotiable for a reason.
“I feel your anxiety and frustration, and I want to remind you that this panel simply reviews the rules that have been handed to us, then makes the judgment about whether or not the issue in front of us fits into the rules of that category,” commissioner Mark Leas said. “Your frustrations and anxiety are really something that needs to be taken up with the town council because they’re the ones that tell us what to do.”
Commissioners Matt Smith and Allen Frechter were willing to grant the deviation, but with some reservations.
“I think I am willing to overlook my skepticism based upon your experience in running successful restaurants here,” Frechter said. “I do foresee a problem that you get a high-care client, and they are told they have to go pick up their food at the counter, and that may impact what they think of the service.”
Barbu left the meeting frustrated, saying, “you guys are so anti-business, I think it’s insane.” He promised to never build another restaurant in Breck.