The Cupertino Courier

News

Blue Pheasant loses on its bid to remain open later

By HUGH BIGGAR

After hearing testimony from several neighbors of the Blue Pheasant Restaurant, Cupertino's planning commission recommended 3-1 against an amendment that could have led to later operating hours at the business.

The owner of the Blue Pheasant, Mike Tsachres, had hoped to operate the eatery until midnight three nights a week. Tsachres said closing at 11 p.m. hurt his business.

To stay open late, though, would have required a change in zoning, allowing for Tsachres to apply for a conditional use permit and public review process. The restaurant, located next to the Blackberry Farm Golf Course, is zoned parks and recreation rather than commercial and is also across the street from a residential neighborhood.

In response to the possibility of midnight hours, neighbors of the Blue Pheasant turned out in force at the Sept. 26 planning commission meeting to express their concern.

"The problem with extending the hours is the kind of guests you are going to get, such as people from other bars," said Marjan Kashvad, who lives across the street. "We've had that problem before," she said of previous owners who operated the business until 2 a.m.

Although allegations of prostitution at the Blue Pheasant have ended with the new ownership, neighbors said late night customers continue to cause problems including beer bottles on lawns, garbage on the street and loud, drunken customers.

Resident John Ennals also disputed Tsachres' assertion that his business was suffering. Ennals said he counted the number of weekend vehicles at the Blue Pheasant at about 11 p.m. on several occasions and found the parking lot packed.

After listening to such issues, the planning commission voted 3-1 against a zoning amendment. Commissioner Lisa Giefert voted for the amendment, and Commissioner Taghi Saadati was not present.

"I support it because we as a city need to do what it takes to make the Blue Pheasant work," Giefert said.

The other commissioners, though, said it was the right business in the wrong location.

"There is an inherent conflict of interest in the fact the city is running a business and bar in a parks and rec zone," chairman Marty Miller said.