Wine shop canopy down, but San Dimas still going after owner

SAN DIMAS - The canopy is gone, but the cork has barely popped on a legal battle between the city and the owner of the San Dimas Wine Shop.

Since December the city has been after Wine Shop owner Heidi Daniels to tear down an unpermitted canopy in front of the store, which Daniels said was to keep customers warm. And Daniels defied the city every step of way until Monday, when she finally had the canopy removed after the city threatened to take her landlord to court.

"The prosecuting attorney upped the ante," Daniels said. "I couldn't keep it up. This is my fight, not (the landlord's) fight."

The city is still pushing forward with legal action against Daniels, officials said.

"Whether it comes down or not, the law was still broken," said Dan Coleman, the director of development services in San Dimas' planning department.

Daniels has pleaded not guilty to charges she broke city codes by erecting the canopy last year. If found guilty, she faces a $3,200 fine and possible probationary actions against her business.

Her pretrial hearing is scheduled for March 30.

Daniels was first ordered to take the canopy down Dec. 19 but refused, citing the down economy and her need to do what is best for her customers.

But the temporary structure violates city zoning codes, city officials said.

She received another notice Jan. 13 to take down the canopy or face court - she refused again. In total, she received three notices to remove the membrane structure before going to court.

"You either enforce the rules you have or you don't have those rules," said Mayor Curt Morris.

While Morris isn't involved in the lawsuit process, he said it is necessary for the city to follow through to some resolution either in court or formally with Daniels to avoid further disputes.

"If the canopy simply comes down and we dismiss the legal action and then she puts it up the next day, we have to start all over again," Morris said.

Meanwhile, the city is taking up the issue of canopies.

In a recent 3-2 vote, the San Dimas Planning Commission has asked staff to review the policy for structures outside businesses.

A issue is scheduled to come back to the Planning Commission April 1, Coleman said.

"The commission believes there are changes necessary and so does staff," Coleman said.

One commissioner disagrees.

"We got a beautiful city and to me a temporary structure can diminish the view of a business," said Planning Commission Chairman Jim Schoonover, who was one of the two no votes. "I think we should have a full understanding (of codes). A permanent structure gives you that understanding, a temporary is there for a couple months and gone, continually changing the view of the property and I would like to avoid that."