New Facade Coming. But not now.

The Design Review Process is in place for a reason. It helps the city and Elmwood in particular look good.
And, exhibit "A" for the need for design review is the restaurant's proposed sign: too huge for the building.

And, BTW: we all pay taxes.

I understand the owner's frustration with the apparent miscommunication from the planning board and other city hall departments. But actually, the Elmwood business district has a more clearly-written (with visual examples) "manual" than anywhere else in the city - the Elmwood Village design guidelines that were passed into the city's zoning code a couple of years ago.

Hopefully, the new zoning code will include a "frequently asked questions" summary to provide a one-stop location for basic design requirements, etc.

I assume the "Stop Work" order mentioned in the second paragraph is Blue Monk (Merlin's). I walked by there a couple weeks ago and saw the order on the door. It appears that they too hadn't gotten approval to change the facade (I believe the order mentioned the garage doors on the front not being approved).

I want Blue Monk to open as soon as possible and really hope they're not stuck in planning board hell.

The city needs to print a "So you want to get a building permit, here is what you have to do" guide. Every intricacy of the city's planning codes should fit in a 10 page booklet. Anyone who wants to build anything in the city should be able to know exactly what they have to do without scouring through the archaic system that currently exists.

Its not unreasonable at all. There are standards established and a process set forth. Good for the City for actually enforcing its own laws for once.

The problem is that there is such a culture here of business and property owners just moving forward and ignoring the city because its always easier to ask for forgiveness later than to ask for permission now. That's the reason we end up with eyesore buildings like Mr. Pizza...

This is not just an Elmwood Avenue issue, it is a city wide issue. Unfortunately some business owners alter their buildings without proper procedures and scrutiny by the Department of Permits and Inspections, or Planning or Zoning Boards. Sometimes the City notices and sometimes they do not. Sometimes residents notice, sometimes they do not. Kostas built on a city-owned sidewalk, so did Jimmy Macs and Ambrosia - I can believe some things slipped through some cracks. The historic Kittinger Factory was illegally demolished by Benderson Development.

When a business owner gets caught they blame the system, which of course could be better. BUT the entire City Charter is on-line and rather easy to read - especially by someone who has enough schooling and passed enough tests to become an architect.

Building codes, like other laws, change frequently. It is the responsibility of a lawyer or architect to know the present laws. Ignorance is not an excuse.

If the sign fits within a 35 square foot rectangle (C1 zoning) and conforms to the other sign codes, it is legal (ARTICLE XX Signs, § 511-104, § 387, ARTICLE XXVIII). Sure, signage rules appear in several places in the code; not ideal. If it is too confusing for a designer to go to the City website, find the City Charter on-line, and search for "sign", they should probably choose another profession.

I think the sign (as built looks smaller than the drawing) looks good - though I don't understand why the "P is a different color than the other letters.

But it doesn't matter what I think - what matters is that hundreds of Elmwood Village residents took part in process to determine what they want to see on Elmwood Avenue. What matters is that City departments know the rules and apply them fairly to everyone.

This is an outrage! This is why we need to pass design standard standards as well as the Pano's Amendment (whereby an ethnic Greek dining establishment, delayed in their improvement efforts, are allowed to demo a heretofore 'historic' property, just because.)

"Not now...,"

-Great " Gladiator," reference.

IMHO, this is a clear & simple example of the local government providing an unnecessary obstacle for a business owner who is attempting to pour $35,000 back into the EV. Although I would debate the need for what I see as overly stringent design parameters anywhere in a city that should be begging for pretty much any sort of development, that is not really the issue here. The issue is that there exists a 2 month delay just because of some oversight on the developers part. Once the city learned of the breach that took place, they should have made extra effort to assist in having it cured as quickly as possible so the developing can continue. Our government exists to serve its citizens, not to inhibit development.

There is a lot of conjecture here. First of all we have no idea if the building owner actually applied for permits to do everything he wants to do. I never saw a notice for a sidewalk cafe in the paper (City Charter § 511-137) for this property. These sidewalk cafes come before the Planning Board and the Common Council all the time and are routinely approved if the rules are followed - one was approved recently even without the rules being followed!

It often happens that a building owner gets permission to do "A" and as the design and construction proceeds decides to do "A" plus "B". The building owner goes ahead with "B" without all the approvals and if they get caught they complain the City is holding them up. This has happened recently - it is not the City's fault.

Without BRO doing some boring homework we don't know if Acropolis actually had permits for everything or not. There would be evidence about all this. It would be a public record.

I do not agree that Buffalo should "should be begging for pretty much any sort of development". Allow any sort of development and we scare away the developer that is interested in high quality.

Building codes are about protecting life and safety AND property values.

Bottom line is that it shouldn't take a small army of lawyers, engineers, and architects to get something accomplished in this city. I appreciate the need for design standards and an approval process, however other city governments make it much easier to follow. Buffalo should take note of other cities who have implemented "one stop development shops" and assign a SINGLE point of contact to help business locate or grow within the city.

Sadly, if this business was a podium manufacturing facility I'm sure the Mayor would be quick to forgive the oversight by Acropolis.

I think it is important we reach consensus and find a middle ground in all this. Obviously we are against consumerism and capitalism, this is a given in the Elmwood Village. So next steps: legal action, petition, and misc. knee jerking. Unless it has something to do with a tattoo shop: stop it at all cost (unless some token bike friendly statement from owner).

The review process should not take longer than the design process.

Rochester has a 16 page "Developer's Guide", okay, but not great. Cambridge, MA has a very nice 8 page "Step by Step guide to Building Permits". I'm sure a good guide to help define the process in Buffalo would be helpful.

But considering that the NY State building code is in 11 volumes and an architect (and/or their engineer) needs to know that and more, knowing local codes and procedures for approvals should be simple.

Should building be so simple that anyone may do it? Ask a few survivors of the recent earthquake in Haiti where anyone can build anything.

First, I would like to thank Buffalo Rising for posting this article. Second, I want to thank everyone for their comments. I respect everyone's opinions and it means a great deal to me that you took time out to comment about my business and the design process I am currently going through.

I would like to say that these last couple of weeks have been pretty stressful for me. For those of you who don't know, I decided to move back to Buffalo last year (from Las Vegas) and use my life savings and a bank loan to purchase Acropolis from my parents. I am happy to be back and I am grateful for the opportunity. I live above the restaurant and I live and breathe this street day in and day out.

As for the design process, it is flawed for two major reasons. One, there are guidelines that were put in place by the Elmwood Village Association, and subsequently, passed unanimously by the common council that are unfair for economic reasons. A merchant on this street should be allowed to use alternatives to brick if he or she so pleases as long as it looks good. (For the record, I am using real brick to reface the second floor pillars I plan on constructing. I am also installing a door system that is ADA approved and bronze in color that will take the place of the windows that I currently have). As for the economics of this issue, what will happen in the years to follow when we have access to technologies in building materials that will make our facades look great at a cost we can afford? Will the council amend these new technologies every time they are brought into the marketplace and in a timely manner? Will a few people on one board (elmwood village) be allowed to speak on behalf of all of the merchants on Elmwood and basically pursuae the common council to use guidelines that they think is in the best interest of Elmwood? If so, the board should be made up of Elmwood merchants ONLY.

The other major flaw in this new design process is that it is too long and too broad. If a merchant wants to add a door or a window or a patio, it shouldn't have to go through a 6-8 week process (and yes, it is that long) to gain approval. Let our Building Inspectors do their job and give us approval or not. Of-course anything major should go through the process but not for a door or a window or a tree or patio or anything small. Give the power back to the building inspectors so we merchants can do things to our buildings faster and with less aggravation.

I am all for a beautiful looking street and I promise I will do everything I can to make my building beautiful, but I am not for any private organization governing our street by using their lobbying power to mandate guidelines that will always need to be amended because of new technologies and changing landscapes. Amending these guidelines will take years not days or months.

Sorry for the ramble but I am currently going through a process that is hurting small business owners like myself. The comments and ideas above (by other commentors) are well thought out and I sincerely hope that people in positions of power pay some attention to them.

Welcome back to buffalo Paul, the land of obstuctionism. If designs were held to such a high standard in this city, then why is the city such a ****hole?

Paul clearly has a text book case of Panos Envy.

I have dealt with the Buffalo permitting office many times and all I can say is that if you are going to need a building permit for anything or are not sure go down there and ask for Dave Grundy. He is very helpful and will give you a heads up on what potential problems or information you might need. Do this before you even think of starting any design phase. Everyone else there treats you like a piece of sh!t because you don't already know the process. It's like these guys were born at 50 years old with a mustache and a job at city hall, that's how they think you should be.

Welcome back to Buffalo Paul. Your family has run a very nice restaurant for several decades and I'm glad that you are continuing the family business.

Brick has never been disallowed in the Elmwood Village Design Standards. The 14 month old design standards expand on design standards that became a part of the code in 1997.

The Council need not amend the code for every new material. The Design Standards do not say what facade materials are "allowed", rather they stipulate a few materials that are "not allowed". So if a new technology is available it would automatically be allowed until, if appropriate, the City amends the code and states a material is not allowed.

Scores of Elmwood Village residents, building owners, and business owners participated in the creation of the Design Standards. The specifics of the Design Standards were hashed through at dozens of meetings over a period of several years. Many successful cities have much more rigorous design standards and more process too. I have looked on-line at the codes for New York and Toronto - you would be amazed at all the requirements, yet these cities flourish.

Perhaps the rules in Las Vegas are more relaxed - I don't know. The New York State building code, which is largely the ICC building code, and probably all building codes are quite strict about framing around doors and windows for good reason.

If the permit process to change a door or window takes six to eight weeks I think you have a legitimate complaint against the City. I'm sure the Elmwood Village Association would try to help make the process faster. Perhaps it is simply a matter of not enough staff at City Hall. I have seen that people leave and are often not replaced because of budget reasons. This is the unfortunate reality of our city's economic plight.

Best of luck.

the system can always use improvement, not that it ever gets credit when it does improve. i'll give the owner the benefit of the doubt and assume that the system failed in his case. i have my own stories of city hall blunders.

nevertheless, it seems like we have a childish attitude toward government. we expect it to be santa claus. do everything instantly for everyone for nothing. civil servants should be highly trained, skilled professionals who don't deserve more than $15 an hour because the private sector has been allowed to pauperize its labor force. teachers should solve all of society's problems without having any workplace protections. highways should be freshly paved and gloriously empty. cops should be on every corner. oh, and since government can't do these things, we are clearly overtaxed.

I see absolutely nothing wrong with the future new facade for the Acropolis Restaurant. The city government just does not know how to get out of the way and the planners and politicians continue to create unnecessary bureaucratic red tape which makes it much harder and even not cost effective to invest in the City of Buffalo. All these design standards and other controversies should have been cleared up before the approval was granted to the owner of Acropolis to begin his facade improvement. Now because of bureaucratic bumbling from City Hall, the Acropolis Restaurant is going to be stuck with an under construction and unfinished look which is not exactly inviting for customers.

Has anyone else noticed that the kind of quaint, walkable, mixed-use, attractive, New England Village / Old World City Center places that are most admired were all built BEFORE Planning Boards, Guideline Pencilpushers, etc etc ?

General guidelines, such as noise, smell, traffic regulations are great - but when EVERY change to EVERY building must be scrutinized to death, business and housing both go elsewhere. Most of the old-fashion "city living" we envision is actually illegal in Buffalo. The conditions of my old Brooklyn neighborhood are completely outlawed here, which is why Urban Walkability is dead in Buffalo.

I guarantee that if citizens and organizations like Elmwood Village Association were not involved we would have large single use buildings for a Rite Aid at Bryant and Elmwood and a Walgreens at Forest and Elmwood. These buildings would each have 60 car parking lots in front. Go to Kenmore to see what they look like. Benderson would have developed faux olde town like buildings like they build in North Buffalo.

Residents who spend between $150,000 and $1 million on houses in the Elmwood Village invested in a neighborhood that has small shops and restaurants built the only way people knew how to build in the early 20th century - around the same time their homes were built.

Now it seems some developers see the single use suburban model as desirable and that is what you see along Delaware Avenue in North Buffalo. NO ONE likes to be told what to do. Not if they are 5, 15, or 50. But we come to realize that regulations are necessary because if we don't have them profit and desire trumps good sense.

Texting and driving. Oil wells without half million dollar safety valves. North-east corner of Kenmore and Delaware.

I’m confused. Will the façade look like the rendering or like what is now built? They do not look the same. What was submitted to the city? Is the permit displayed in the window?