The troubles are continuing for the Point Breeze pop-up garden.
We told you earlier this month about the garden being shut down by the Department of Licenses and Inspections, along with the garden’s reopening a few days following the debacle. Now the garden has been shut down yet again.
The space was closed all this weekend due to this cease and desist order from L&I.
More from Billy Penn:
According to Longacre, L&I tried to bargain with him via email, basically saying: If you file a request for expedited zoning, we’ll let you operate for the next 21 days. By filing the request, Longacre would be essentially admitting that he agrees that a zoning variance is required for the PBPU to operate. Longacre maintains that’s not the case, since the garden is operating under a temporary catering license issued by the state under a so-called “loophole” provided by PA Legislature’s Act 116 of 2012.
The first time the garden was shut down, an emergency injunction hearing was held and the judge ruled that the garden could remain open. The garden is shut down again because L&I has appealed the ruling and the judge who issued the ruling is apparently on vacation.
The main problem with the garden is the zoning requirements. Although the property is zoned RM-1, because of a temporary catering license, the pop-up garden should be able to operate on the property without the issuing of a zoning permit since it’s not a permanent fixture.
We’ll let you know whether or not the garden will remain open for the remainder of the summer as soon as we hear an update.