Del Ray Restaurant's Outdoor Area With Smoker OK'd Despite Complaints

ALEXANDRIA, VA — A Tex-Mex barbecue restaurant in the back of Del Ray's Evening Star Cafe that drew smoke and noise complaints got approval Saturday for its after-the-fact outdoor expansion. Alexandria City Council gave unanimous approval to the Hi/Fi Tex-Mex BBQ proposal on Saturday.

Hi/Fi Tex-Mex BBQ had opened in March 2023 in the back of Evening Star Cafe. Saturday's approval grants permission to increase seats from 50 to 124 outdoor seats, an after-the-fact request. In addition, the restaurant got approval for allowing the outdoor smoker with conditions set by the city, changing outdoor hours from 8 a.m.-10 p.m to 7 a.m.-11 p.m., outdoor live entertainment in a cabana Wednesdays through Saturdays from 6 p.m. to 10 p.m., and use of a temporary trailer for service in the outdoor dining area.

Given the back outdoor dining area's location near residential properties, the Hi/Fi Tex-Mex BBQ opening did not come without complaints. The city received 19 complaints, 14 of which were related to smoke and odor and five due to noise. The city's planning and zoning department issued 13 violations to seek removal of the outdoor smoker.

Although planning and zoning staff did not believe outdoor smokers were permitted under the city zoning ordinance, the Alexandria Planning Commission disagreed. The Planning Commission's recommendation to City Council called for allowing the outdoor smoker but placing it away from the western property line, extending an exhaust pipe to the main building's roof and installing a fan above the exhaust pipe.

"Our feeling was that because the smoker was supporting this outdoor dining establishment, that we didn't see it as a distinct use that wouldn't be permitted in this zone," Planning Commission Chair Nathan Macek told City Council. "There is a smoker on this location to be controlled, and we feel that the condition that's been recommended here to control the smoke and odor and eliminate the air quality usage for the neighborhood was important."

A city staff report noted there were not any special use permits for outdoor smokers at restaurants in the city. Other barbecue restaurants such as Pork Barrel BBQ and Sweet Fire Donna's had conditions included with the approval to address potential concerns, and the city had not received smoke or odor complaints for these two restaurants.

Cathy Puskar, a land use attorney representing the restaurant, said the proposal had the support of the Del Ray Business Association and Del Ray Citizens Association if the smoke and odor impact to residents was mitigated.

Vice Mayor Amy Jackson, who has asthma, said she did not experience issues walking by the restaurant even before the recommended vent has been installed.

"Wood smoke is something that I cannot tolerate," said Jackson. "However, when I was walking the block yesterday and the winds were up and I could smell the delicious barbecue...the smoke wasn't overwhelming without the vent."

City Council's motion by Councilmember Alyia Gaskins directed staff to recommend a text amendment for section 4-107A in the zoning ordinance, which sets use limitations on outdoor commercial operations

"This is not the only case...when we continue to have after-the-fact approvals where there's a lot of confusion, where we're debating one particular point," said Gaskins. "But I think we have to move forward and trying to figure out what is a process, what is a checklist that's like 'know before you install.'"