An outdoor patio in McAllen’s arts district was at the center of a lawsuit, and remains a concern to a man living nearby.

Mikhuna Japanese-Peruvian Cuisine opened in 2020 on the corner of Main Street and Ivy Avenue. 

“It was right in the middle of Covid, so we had to see what we could do to ensure we have a safe environment for our guests,” restaurant spokesperson Stephanie Ramirez said.

Mikhuna ultimately built an outdoor patio that stretches up to the sidewalk to accommodate guests. 

“They were in violation of a city ordinance by building that structure there,” McAllen resident Jack Edwards said.

Edwards said he's concerned about the city approving what's known as a variance, an exception that allows the business to open up outdoor seating by the sidewalk.

Edwards said he feels the patio opens the door to more issues in the future.

“OK so they get a patio. So now then [the restaurant next to it] is gonna want a patio, and the guy down the street is going to want a patio,” Edwards said. “And we're going to have all of this noise and traffic in our neighborhood."

Edwards filed a lawsuit over the patio against the city in December 2020, and argued the city should have never approved the variance for the patio. In his petition, Edwards said allowing the patio would negatively impact the neighborhood by increasing traffic and it would change the character of the area.

An agenda packet from a June 2020 city hearing showed that the city recommended the variance request be denied, but the city's zoning board of adjustments and appeals voted in favor of it and allowed Mikhuna to add the patio.

“They weren't entitled to the variance,” Edwards said.

A district judge agreed with Edwards. In December 2024, Judge Ysmael Fonseca ruled the variance was illegal and void.

Mikhuna filed for a new variance from the city, which city staff now recommends for approval.

“We're not harming anyone, we're basically bringing quality of life to the citizens of McAllen,” Ramirez said.

If the city decides to not give Mikhuna a variance, the patio could be torn down.

The variance request will be discussed during a hearing with the city's zoning board of adjustments and appeals that's set for Thursday, Jan. 22, 2026.

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