The landlord wants to sign right away, and gave me three months before I pay rent, but I was told by my partner that it may take six to eight months to get permits. We want to have 20 tables, and even though there-s a parking lot right next to us, again, I was told we-ll have to get a zoning variance for parking. Why is it that even if there are plenty of spaces, our main business is in the evening, and there was a take-out business there several years ago, we would need all this?
A. I-m impressed that you asked an architect, since most people think we just draw buildings. With a slow economy and many storefronts available, it-s in nobody-s best interest to slow you down or discourage you, but unfortunately, there are rules and regulations. The first best thing to do is go into the municipality-s building department, get the property history and ask questions. Find out if the property had approvals previously for the specific restaurant space you are interested in. Be aware that you don-t qualify as take-out, but rather as a restaurant, because a take-out in most jurisdictions is around 10 to 12 seats. Also understand that if the food preparation area was altered or removed, you must get permits and re-inspections for everything, including the health department, building department, and fire marshal-s office for fire suppression equipment over cooking equipment.
The zoning issue has to do with the number of cars your restaurant will add to the lot at any peak time over a 24-hour period. Even though there may be enough parking in the lot for the time of day you-re open, the building department reviewing your plans has to make the estimation of whether you-ll create a burden if your hours change, if a future tenant in the same space with different hours will create an undue burden, or if the issues involve other factors, such as the other stores- uses in the shopping center. They just want to be sure your business doesn-t restrict surrounding businesses, traffic and other parking areas. It isn-t an exact science. Some municipalities even charge a whopping $9,000-$10,000 for each space you were supposed to have but don-t. Welcome to the neighborhood!
Your future landlord is most interested in getting the rent. Although some impress me with their cooperation and knowledge, most just want the money, and won-t even provide earlier surveys or store permit drawings. You should try to get these from your landlord as you get into the negotiation and they see you are serious about the investment of time and money you-re willing to make. Good luck and bon appetite!
