Applicant seeks rooftop dining variance for 267 East High Street; council notes ordinance gap

Jaft LLC's representative, Fabian Trench, asked the Committee of the Whole on Feb. 4 for a variance to permit accessory rooftop outdoor dining at 267 East High Street. Trench described the plan as an extension of an existing restaurant with retail at street level and a second‑floor restaurant; he said the restaurant's total capacity would be 203 people, with 75 allowed on the rooftop.

Trench addressed safety and operations: the deck would be engineered with guardrails, proper egress and lighting; staff would supervise the rooftop and hours would align with the indoor restaurant (he proposed 11 a.m.–11 p.m.). "From an operational standpoint, the space will be professionally managed just like the indoor restaurant," he said.

Councilors welcomed the idea as a downtown amenity but flagged an ordinance gap because the borough code does not explicitly regulate or permit rooftop activity, making a variance necessary. Several councilors suggested ordinance review by the Ordinance Review Committee so future applicants would have clearer guidance if rooftop dining becomes a regular downtown use. The Committee of the Whole did not vote; the application will be listed as new business for the next council meeting and proceed through zoning channels.