Restaurant owner seeking court approval of plans, compensation from city

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This article was published 22/08/2017 (3307 days ago), so information in it may no longer be current.

A businessman whose plan to convert a former West End Legion into an Ethiopian restaurant and sports bar was twice rejected by Winnipeg city hall has taken his fight to court.

Girma Tessema was recently cross-examined by a civic lawyer in his ongoing attempt to open a new restaurant on Sargent Avenue. His attempts to get a conditional-use approval for the new restaurant had been rejected by the city’s board of adjustment at the end of June 2016, and later by council’s appeal committee in September.

Tessema wants the court to do what city hall will not — give him the go-ahead to convert the former Royal Canadian Legion at 626 Sargent Ave., which has been closed for several years, into a 470-seat restaurant with a rooftop patio, hall rental and basement sport lounge.

He argued in the application, filed in court in October 2016, that city hall refuses to recognize the restaurant operations are a “grandfathered” use because the former Legion had operated similar operations before it shut down.

Tessema also wants the court to order city hall to compensate him for his expenses, which to date total more than $500,000, including the purchase of the former Legion and renovations and repairs he has made at the property in anticipation of opening the restaurant and sports lounge.

No date has been set for a hearing. Several affidavits have been filed by both sides, from clerks and city planners and individuals employed by Tessema.

Tessema and his lawyer did not return calls for comment. A spokesman said city hall would not comment while the matter is before the court.

Tessema already operates a restaurant nearby, the Blue Nile Restaurant & Hookah Lounge at 510 Sargent Ave.

There appears to be near-universal opposition to the proposal, including from civic planners, the ward councillor, a local residents group and the Winnipeg Police Service.

It was the WPS objection which caught the attention of both civic planners and city councillors, who commented it was the first time they were aware police had objected at a public hearing to the establishment of a business operation.

The WPS had submitted formal letters of objection, to both the board of adjustment and the appeal committee, arguing there has been an excessive amount of criminal activity at the Blue Nile; including shootings, stabbings, weapons and drug offences, fights, noise complaints, and numerous liquor violations.

A police report submitted to the appeal hearing said there had been 128 calls for service at the Blue Nile between Jan. 1, 2012, and Sept. 14, 2016 — far more than other similar-sized restaurants in the city.

Police said they’re concerned the proposed new operation, which would be much larger, will attract even more trouble.

“According to the police service, over the last two years, numerous incidents have occurred in or around the Blue Nile restaurant requiring police involvement,” states the minutes of the June 29, 2016, board of adjustment hearing. “Given the track record of the Blue Nile, this increase in size (for the new restaurant) would lead to a dramatic increase in the demand for police resources and calls for service.”

aldo.santin@freepress.mb.ca