photos by Olivia Vanni / The Herald
Andy Gibbs, co-owner of Andy’s Fish House, stands outside of his restaurant on May 1 in Snohomish.

photos by Olivia Vanni / The Herald Andy Gibbs, co-owner of Andy’s Fish House, stands outside of his restaurant on May 1 in Snohomish.

City: Campaign can’t save big tent at Andy’s Fish House in Snohomish

A petition raised over 6,000 signatures to keep the outdoor dining cover — a lifeline during COVID. But the city said its hands are tied.

SNOHOMISH — Driving into downtown Snohomish, one of the first things you’ll see is an 800-square-foot white tent.

The vinyl-and-plastic tent, installed in October 2021, gave Andy’s Fish House a lifeline through the second winter of COVID and beyond. The increased seating doubled the restaurant’s wintertime payroll, co-owner Bronn Journey said.

But the city said the structure isn’t permitted, and it must have a permit or come down by July 5, as COVID-era exceptions phase out.

If not, the restaurant will face fines up to $1,000 per day.

“I’m not in love with the tent,” Journey said. “The revenue that the tent brings in is what we’re concerned about.”

As of Friday, a petition pushing the city to let the tent stay had over 6,000 signatures.

Located at 1229 First St., Andy’s Fish House opened in 2014.

City Administrator Heather Thomas said the support doesn’t matter: It’s a code issue, not a political decision.

“It’s really about following the rules and the safety of our community,” she said. “We’re trying to mitigate the risk for our taxpayers, and trying to support the business as much as we can, in coming into compliance.”

The tent at Andy’s Fish House on Wednesday, May 1, 2024 in Snohomish, Washington. (Olivia Vanni / The Herald)

The tent at Andy’s Fish House on Wednesday, May 1, 2024 in Snohomish, Washington. (Olivia Vanni / The Herald)

‘How can we help’

In the opening days of the pandemic, the city of Snohomish entered a state of emergency that allowed businesses to add temporary outdoor structures without applying for a permit.

The move aimed to keep local restaurants afloat amid stay-at-home orders.

After months of using a smaller tent, Andy’s Fish House put up their current custom-made structure in October 2021. It cost $25,000, co-owner Andy Gibbs said.

Two years later, the City Council ended the state of emergency.

And in early August 2023, city staff delivered letters to eight businesses explaining outdoor tents needed to come “into compliance” because they violated the city code that had been suspended.

After the letter, the city and restaurant owners launched into a monthlong back and forth of meetings, emails and violation notices.

In February, the city published a “temporary structures” page explaining the enforcement of unpermitted structures with a detailed Q&A.

The deadline for most businesses to pack up their tents was this week. The city gave Andy’s until July.

Thomas said the city told businesses they could offset some of the costs of taking down the tent through the Snohomish Thrive Grant program. The 24 grants varied in amount, up to $50,000, Thomas said. Businesses and nonprofits could apply for money to recover from the pandemic.

Two businesses with unpermitted outdoor structures got grants. Uptown Brewery received $25,000 and Thai & Taps received $10,000, city spokesperson Shari Ireton said.

Ireton noted these businesses have gazebos, not tents, so the compliance process is difficult to compare.

Gibbs and Journey said they weren’t eligible for the grants because their business thrived during COVID.

Thomas said the grant also lists “increased costs” and “capacity to weather financial hardship” as other considerations that could qualify a business for the money.

Grants for $10,000 remain, Thomas said.

‘It could jeopardize our state and federal funding’

City officials told restaurant owners it doesn’t matter how many signatures the petition gets.

“The City Council, the mayor, the staff do not have the authority to overrule,” Thomas said. “It’s the International Building Code, the International Fire Code and the Washington State Energy Code.”

In 2004, the International Building Code, a worldwide standard code, was implemented in all Washington cities. Thomas said solutions suggested by the petition or online comments — like issuing a variance or a non-conforming structure permit — aren’t workable.

She said the city can’t issue a variance because the International Building Code doesn’t allow waivers.

A non-conforming structure permit wouldn’t work either, Thomas said.

“That is, if a permanent structure was constructed prior to a new law going into effect,” she said. “That’s not the case. These laws have been around for decades.”

But Journey said other cities “don’t enforce code that much.”

Still, he said he isn’t an anarchist and believes in the need to follow strong laws.

Thomas said the consequences of not enforcing code could spill over to taxpayers.

“It could come up in a state audit, because we’re not following the (state law) that we’re required to enforce,” she said. “It could jeopardize our state and federal funding.”

If an accident happens with the tent, the city could be liable, she said. Taxpayers would foot the bill.

An exception, Thomas said, would not be fair to other businesses that complied.

‘Fish and chips in peace’

Then there’s the issue of how the tent is designed.

Because the tent is in Historic Downtown Snohomish, materials like vinyl and plastic are not allowed, Thomas said.

Gibbs and Journey said they weren’t aware of the banned materials when they first installed the tent.

Despite the tension, both sides said they want to work together.

“I’m coming around, I’m no bad citizen,” Journey said.

Thomas said she understood some of the owners’ concerns.

“I understand margins are thin. We need to see them succeed,” she said. “We don’t discriminate on who we support, but Andy’s Fish House needs to follow laws.”

Gibbs said he was talking to an architect last week to see how to move forward so each side can be a winner. He is pushing for keeping the tent up until a new one is ready.

Since the petition, hostile and negative comments on social media have escalated to threats toward various City Council members and city staff. To keep staff safe, city facilities now have an “increased police presence,” Thomas said.

Journey called this type of support “uncalled for” and “not helpful.”

“People are using us to make statements that don’t really reflect the fish house,” he said. “We just want to sell fish and chips in peace. Let’s get along everybody.”

Correction: A previous version of this story misstated when Andy’s Fish House installed the tent.

Aina de Lapparent Alvarez: 425-339-3449; aina.alvarez@heraldnet.com; Twitter: @Ainadla.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Superintendent Doctor Zac Robbins listens to public comment during a Marysville School District Board meeting on Monday, July 22, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
State appoints special administrator to oversee Marysville schools

The appointment Monday of Arthur Jarvis is the latest unprecedented move as the district battles deep financial woes.

The OceanGate submersible that explored the Titanic was on view at the Port of Everett in December. (Kevin Clark / The Herald)
Everett submersible was plagued with problems, investigators say

A transcript indicated the crew may have tried in the moments before the disaster to abandon the trip and resurface.

Man, 19, killed in pursuit accused of shooting mother near Arlington

The man, 19, and his mother, 42, were arguing in the 1900 block of 200th Street NE when he shot her multiple times, police said.

Two people were injured and 11 residents were displaced in a fire at an Edmonds apartment complex Saturday. (South County Fire)
2 injured, 11 displaced in Edmonds apartment fire

More than 60 firefighters were needed to tame a fire in the 8800 block of 236th Street SW on Saturday afternoon, officials said.

Snohomish County Superior Courthouse in Everett, Washington on February 8, 2022. (Kevin Clark / The Herald)
Supreme Court reinstates Mill Creek child rape conviction

Last year, the Court of Appeals overturned Nathan Smith’s conviction due to perceived juror bias. The State Supreme Court disagreed.

Items are sorted for recycling inside the Waste Management Cascade Recycling Center in Woodinville, Washington, on Wednesday, Nov. 1, 2023. (Annie Barker / The Herald)
How ‘clean’ is clean enough for recyclables? Waste experts weigh in

Snohomish County waste haulers say containers don’t need to be “dishwasher clean.” Typically, a simple rinse will do.

Isabel Barrett, 7, picks apples with her family at Swans Trail Farms on Wednesday, Sept. 18, 2024 in Snohomish, Washington. Swans Trail Farms’ Harvest Festival, which highlights the apple varieties grown on the farm, runs through Oct. 31. (Olivia Vanni / The Herald)
Harvest Festival now open in Snohomish

The festival at Swans Trail Farms is packed to the brim with family-fun activities. It’s open through Oct. 31.

Rep. Rick Larsen, D-Wash., and Rep. David Rouzer, R-N.C., won the seventh annual Congressional brewing competition hosted by Anheuser-Busch. (Courtesy of Larsen’s office)
Everett’s Larsen brews up a win in congressional beer competition

U.S. Rep. Rick Larsen teamed with North Carolina Republican Rep. David Rouzer a crisp Kolsch called “Coastal Shine.”

Workers with picket signs outside the Boeing manufacturing facility during the strike in Everett. (M. Scott Brauer/Bloomberg)
Boeing girds for long strike as gig economy gives workers clout

Employees said they’ve been saving for years to strike as long as it takes: “I think everybody is ready for the long haul.”

Waterfowl arrive at the Edmonds Marsh as the sun sets on Tuesday, Sept. 19, 2023, in Edmonds, Washington. (Ryan Berry / The Herald)
Climate-themed concert in Edmonds aims to inspire ‘hope and action’

The Nelda Swiggett Quintet will perform “For the Birds” from 4 to 5:30 p.m. Sunday at Edmonds United Methodist Church.

Traffic moves along I-405 between Highway 522 and Highway 527 in 2021 in Bothell. (Olivia Vanni / The Herald)
More I-405 closures ahead near Bothell

Travelers should once again prepare themselves to avoid I-405 for the weekend.

Waiting to dive below the surface, Josh Dean looks out the front dome of the OceanGate sub Cyclops1 in the Port of Everett Marina on Thursday, May 18, 2017 in Everett, Wa. OceanGate plans to carry paying customers on dives to the RMS Titanic in 2018. (Andy Bronson / The Herald)
Everett sub hearing upends earlier expert theories on crew deaths

The Titan crew sent “no transmissions which indicated trouble or any emergency.”

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.