To patio, or not to patio.

That has been the question at 1385 Wellington Street West in Ottawa for the past 20 years.

Jeff Frost is the current owner of the Wellington Diner, and the latest owner at that site to apply to build an outdoor patio.

“20 years ago it was a Polish restaurant called Amber Gardens, and they applied and they failed,” says Frost. “And then it was converted to a diner in 2006. They applied and they failed."

The problem is one of proximity. The site of the proposed patio is just over 19 metres away from the nearest residence, far closer than the minimum 30 metres required by law.

On Tuesday Frost succeeded, at least partially, where others had failed. He managed to get the City of Ottawa’s planning committee to agree to his plan to build a 24-seat patio.

He hired an independent firm to conduct a sound test to show that sound won’t carry to the nearest house. He also promised to build a 2 metre extension to an existing wall for added privacy and to further mitigate any sound issues.

He also explained that his diner is a family-friendly restaurant. Alcohol only makes up a fraction of his sales, and he’s closed by 9pm most nights.

Finally he argued that it’s what his customers have been asking for in a neighbourhood that has changed greatly in the past 20 years. "To me it's a no-brainer. A lot of people in the neighbourhood are very supportive of it," he says.

Customers like Michael Trolly and his family. “I mean, in general, I think we need more places where people can sit outside and relax,” added Trolly.

But not everyone in the neighbourhood is pleased.

Geena Green lives in the house closest to the diner, a house she says she and her spouse built in part because previous patio applications had been denied. They thought they were safe from the prospect and now fear an outdoor patio will add increased noise. “If you go back to the original site plans it says it must not be used as a patio,” says Green. “We just want to enjoy our property in as quiet a manner as possible.”

The issue goes before full council July 12th. If they agree to the patio opponents then have the option to take their case to the Ontario Municipal Board.