Midway Deli owner pulls concert application over protests

Dec. 6—Following pushback from one Norman neighborhood, the owner of Midway Deli has pulled his application to hold outdoor concerts from the Planning Commission's Thursday agenda, city records revealed Monday.

Owner "Midway" Bob Thompson applied for a special use permit (SPUD) after discovering his amplified outdoor concerts required the application according to new zoning changes, he recently told The Transcript.

Neighbors, who penned more than a dozen letters of protest, said the music was too loud and cited concerns there was not enough parking or restrooms available to guests who would likely be drunk and wander their quiet streets.

Thompson's letter, dated Nov. 28, does not ask for postponement, but for a withdrawal.

"I have decided to withdraw my application for a SPUD at 601 W. Eufaula Street because of the concerns that have been expressed by neighboring property owners," his letter stated.

While Thompson has held concerts over the years, he added an outdoor stage with amplifiers earlier this year.

Residents protested the concerts — which Thompson halted late last summer — at the Nov. 17 pre-development meeting. City staff facilitate such meetings with a zoning applicant and affected property owners to discuss questions and concerns with the proposed development.

Thompson told The Transcript the following day that he would ensure compatibility with his neighbors as he always has. He also stated that his application would give residents more control over what happens on the property because the council has to negotiate with the owner and approve it.

Thompson did not comment for this story.

After the council approves a special use permit, the zoning allowance stays with the owner of the property, not the property itself, Assistant City Attorney Rick Knighton recently told the Transcript. When the owner sells it, the owner must submit a new application to approve a change for the use of the property.

Meanwhile, the city council-led Business and Community Affairs Committee has been studying bodegas like Midway Deli — small businesses such as convenience stores or restaurants — for future zoning allowances in residentially zoned areas.

Planning Director Jane Hudson advised the committee in December 2021 that forming new codes and ordinances for such merchants would need to be shaped by specific restrictions to the operations of a business in a neighborhood.

The committee was concerned that "commercial residential" zoning could have unintended consequences for neighbors if the ordinance was not specific enough to each merchant in a particular neighborhood. Those concerns included parking, zoning enforcement, and the need to get feedback from residents for future policy considerations.