Bar wants to reshape downtown for smokers

Commission pans proposal, saying it would too drastically alter historic district's look

Jerry Neverve figures the Lawrence City Commission dramatically changed his business when it banned smoking in public places.

Now he wants to change the architecture of historic downtown Lawrence in response.

“They changed the rules and I’m just trying to react to that,” Neverve said. “That’s what businesses do.”

Neverve, manager and co-owner of the Red Lyon Tavern, 944 Mass., is seeking City Commission approval of a plan that would allow him to move portions of the facade of his tavern back 10 feet to create a large outdoor area to accommodate smokers.

The city’s Historic Resources Commission already has unanimously denied the request, saying it would too drastically alter the Downtown Lawrence Historic District. Neverve is appealing that decision to the City Commission, which will hear the appeal at its meeting at 6:35 p.m. Tuesday at City Hall, 6 E. Sixth St.

Neverve wants to remove the windows and doors from his building’s facade and the front 10 feet of the roof. He would then build a new front wall and entrance.

The new space would provide room for about 15 people to smoke and drink outside. Currently, Red Lyon patrons can go outside to smoke, but they can’t take their drinks with them. Neverve estimates at least 40 percent of his customers are smokers.

In addition to concerns about altering downtown’s character, historic resources commissioners said the plan didn’t meet the city’s downtown design guidelines.

City Commissioner Boog Highberger agreed that Neverve’s plan might detract from the architectural character that attracts shoppers and visitors to downtown.

Alex Hornbrook, left, and Lee Hornbrook, of Ozawkie , enjoy some beer and popcorn at the Red Lyon Tavern, 944 Mass. The bar's owner wants to set back the entrance of the bar to include an outdoor smoking area for patrons.

“I’m concerned about the proposal,” Highberger said. “Any significant alteration to a downtown building like that needs some pretty strong review.”

Neverve is open to compromise. He said if city commissioners wouldn’t approve his plan, he would like them to change the rules on the types of businesses that can have sidewalk patios. Currently businesses that have 70 percent of their sales from food can apply to occupy half of the sidewalk’s width with a dining area in front of their buildings. Neverve said commissioners should consider allowing bars to have patios as well.

“I’d be happy as a clam if I could have one of those,” he said.

Highberger said he worried that allowing bars to have patio areas also might detract from downtown by creating too much of a party atmosphere on public sidewalks. But he said other cities had allowed it and didn’t report major problems.

“I’m not saying I support it, but I think we need to look at it,” Highberger said.

Neverve said he was confident the drinking patios wouldn’t be a serious problem.

“The vast majority of people who come downtown to drink are responsible,” Neverve said. “You always have idiots, and that is what we have the Police Department for.”