The Supreme Court satisfied the complaint of the Lviv City Council and will refer the case regarding the dismantling of the terrace structures of the “Vienna Cafe” to retrial. This decision was made public on May 24 this year.
We will remind you that previously “Vienna Coffee House” was located on Ave. Svobody, 12, the city allowed to build a summer terrace. Later, the owner glazed it and turned it into a full-fledged annex in the monument of cultural heritage. In 2021, the Department for the Protection of the Historic Environment issued an order to dismantle the double-glazed windows of the Viennese Coffee House terrace. The owners challenged the order, won the first instance in court and the appeal.
Instead, the Supreme Court came to a different opinion. The resolution, in particular, states that the installation of enclosing and translucent structures on this terrace was carried out without approval of the project documentation. Separately, the court drew attention to the fact that the building is located in the historical area of the city and in the UNESCO zone. And he believes that preservation of objects of cultural heritage and prevention of their destruction due to unauthorized economic activity is one of the main tasks of local self-government bodies.
As Nataliya Alekseeva, head of affairs of the executive committee of the city council, explained, such a decision of the Supreme Court is interpreted by city council lawyers as a victory.
“The legal victory of the owner of the “Vienna Cafe” was based on the fact that the building and the terrace had two different addresses – and it is a separate story how the owners did it. And the court said that both the terrace and the house are located in the historical area of the city and in the UNESCO zone. Therefore, any transformations in buildings should be agreed, including with the Ministry of Culture, and UNESCO should be informed.
This decision is very important for us both in the context of the building of the “Vienna Coffee House” and in the context of the protection of cultural heritage and the work of the historical environment protection department in general. It sends a message that the management prescription is a document that has weight and must be followed,” noted Nataliya Alekseeva.
According to the decision of the Supreme Court, the case regarding the dismantling of the arbitrarily installed structures of the terrace of the “Vienna Cafe” will be re-examined in the Lviv District Administrative Court.
It is important that during the re-examination of the cases, the court is obliged to provide a clear answer as to whether enclosing and translucent structures were actually arranged on this terrace without proper approval of the project documentation, which obliges the owner to fulfill the requirements of the order regarding dismantling.
As Nataliya Alekseeva recalled, the city has repeatedly called on the owner to resolve this issue peacefully. So, even last year, the executive committee decided to develop a concept for restoring the building’s historic appearance. However, in six months, the city has not received any offers from the owner.
We will remind you that “Vienna Coffee House” is located on the territory of the historical area of Lviv, in the UNESCO zone and in the object of cultural heritage – in the building of architectural monuments. The house consists of three floors and an attached gallery (terrace).