Michael Perrone has a dream for an old grocery store near Maple Elementary School. In his dream, the old DeVos grocery store at 13th and Shelton, closed since 2005, would be a neighborhood gathering place, called Art’s on Beacon Hill. It would contain a coffeehouse with art on the walls, a jukebox, a player piano, and a performance studio. The building would be a resource and asset to neighbors in this mid-Beacon Hill neighborhood.

It hasn’t quite worked out as planned. Perrone painted, cleaned and decorated the old building, using vintage parts salvaged from the old grocery store in many places, and it looks just about ready to open. (In fact, an “Open” sign usually sits in the doorway.) But it remains officially closed, as it has since 2008 when the Seattle Department of Planning and Development (DPD) notified Perrone that he could not operate a “community theater” in part of the building.

The building’s history goes back a long way on Beacon Hill. Louis DeVos brought his family to the Hill in 1908, and in 1909, they moved into a house on South Shelton Street. A few years later, Louis bought the plot of land at 13th and Shelton and built a retail building there, first renting it to an Italian grocer, then establishing his own grocery business. The family business was successful, and eventually grew to include three stores including one at 2718 Beacon Avenue South (currently the location known as the empty “South China Restaurant” lot just south of Beacon Hill Station). Though two of the DeVos stores were closed during the Depression, the store at 13th and Shelton remained open into the 21st century, finally closing for good in August 2005. It was sold to Perrone as a “tear-down” in 2006.

Though the building had operated continuously as a commercial building since it was built in 1915, later in the 20th century the site was rezoned to SF5000 — single-family housing. Existing businesses such as the DeVos Grocery are allowed to continue in operation when their zoning changes, as a “non-conforming use.”

If the non-conforming use lapses for a certain amount of time, however, the building reverts to single-family, and a new business can’t go back to the non-conforming use. Seattle Municipal Code 23.42.104 B says: “A nonconforming use that has been discontinued for more than 12 consecutive months shall not be reestablished or recommenced.” There are certain exceptions, but it is unclear whether Perrone’s use of the DeVos building was what DPD required to maintain commercial status as required in the code. Perrone believes so; he did acquire a permit to install commercial-grade electrical service in the building, and he states that he also sold salvage from the building’s old contents to maintain commercial status until the coffeehouse could open.

In 2008, Perrone began using the building’s performance studio. In March of that year, the Beacon Hill Times/South District Journal (now South Seattle Beacon) ran an article about the plans for the former grocery, stating that it would be “a coffee shop, repertory theater and eventually an education center” and home to the Seattle Novyi Theatre repertory group.

In April of that year, a complaint was filed with DPD about his use of the building for theater rehearsals and performances. Perrone says that DPD declared the site in violation, and also told him that he could not legally live in the caretaker’s apartment and would be fined $1500/day for illegally residing there, retroactive to when he bought the building in 2006. “I owe the city a million and a half,” he says.

Later in 2008, says Perrone, he gave up, feeling pushed into a corner. In frustration, he told DPD “fine, turn it into a single-family residence.” Currently, an open application is on file with DPD to do so.

In the meantime, Perrone still fights to save the building for his original intended use, with pro bono help from a lawyer who grew up in the neighborhood. He has a petition signed by over 150 neighbors who support his plans for the DeVos building. “Only one neighbor said ‘no,'” he points out.

Neighbor Dayna Provitt sent a message to the Beacon Hill Mailing List recently, appealing for help for Perrone:

“My husband and I were so glad to see the building purchased, and Mike’s attempts to put something into this part of Beacon Hill that might help bring a ‘neighborhoody’ feel to the street. … Here’s a guy who’s trying to bring some energy and community building to our neighborhood… and getting stuck in red tape. We’d hate to see this building go back to being an empty space again. … Maybe someone in the neighborhood can help him cut through the red tape and get his project going! Something useful in this space would be so great for our street.”

With no way to legally open the coffeehouse, Perrone has been unable to pay the building’s mortgage since August. It is currently scheduled to be sold at a foreclosure sale on April 2, unless fate intervenes and Art’s on Beacon Hill can open.

(More photos of the building after the jump.) Continue reading Zoning may keep 13th Ave coffeehouse closed →