Plans to open a Chipotle Mexican Grill on Thayer Street fell through last fall when a Rhode Island Superior Court judge determined that zoning permits had been granted to the restaurant improperly, according to court documents obtained by The Herald.
The Providence Zoning Board approved Chipotle's plan to open a restaurant at the corner of Euclid Avenue and Thayer but appeals were filed by two property owners - Stonehenge Partners LLC, which owns Johnny Rockets, and G. Dale Dulgarian, who owns the Avon Cinema and Andreas Restaurant properties among others - questioning the validity of the zoning board's decisions.
The judge ruled that the board should not have granted Chipotle permission to have an outdoor seating area in front of the restaurant because such seating violates ordinances requiring that the new building not be set back from the sidewalk.
Chipotle, a restaurant known for the size of its burritos and its use of natural ingredients, decided not to pursue further development on the 2 Euclid Ave. location, said David Shwaery, who owns the property and is president of the Thayer Street District Management Authority.
"Now I have to find a company that is willing to rent (the property) that is of equal quality ... that respects the street, the University and the residents," Shwaery said. "I thought we found the right company when we had Chipotle, but apparently that didn't satisfy everyone."
Special permission from the zoning board was also required by Chipotle to open on Thayer due to a lack of on-site parking, since Providence zoning ordinances demand that restaurants have one parking space for every four seats. This was a major issue for residents and business owners concerned about overcrowding, said Will Touret, president of the College Hill Neighborhood Association. But ultimately the Superior Court judge decided that sufficient parking was provided by the restaurant's plan.
Ensuring that new dining and retail establishments meet zoning regulations remains an ongoing concern of Thayer Street property owners and East Side residents, Dulgarian said. "Zoning is supposed to be the tool of intelligent land use."
