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HomeMy WebLinkAboutDepartment Report 08-26-19 4 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT AUGUST 26, 2019 (V) Woody’s Flaming BBQ. The applicant seeks the following development standards variance approval to store two smoker trailers: 1. Docket No. 19070010 V UDO Section 5.02 Max. 24’ x 30’ detached garage allowed, 26’ x 30’ garage proposed. The site is located at 1516 Norriston Dr. (Surfwood Heights Subdivision, Lot 8). The site is zoned S2/ Residence. Filed by E. Davis Coots of Coots Henke and Wheeler, on behalf of Claude Wood and Linda Martel, owners. General Info, History, and Analysis: The property owner has been parking two barbeque smoker trailers on the driveway of his 0.7 acre lot for a while now. The zoning ordinance requires that commercial trucks and/or trailers are stored in a building; see UDO section 5.27. In order to comply with that ordinance requirement, the Petitioner seeks approval to construct a 26’ x 30’ detached garage (780 sq. ft.); the maximum allowed size is 24’ x 30’ (720 sq. ft.). The garage will meet all other standards, such as height, setbacks, lot coverage, etc. Please see the Petitioner’s informational packet for more detail on the variance request. The Petitioner lives at this site and has operated a mobile catering business for close to ten years now, where they smoke and sell meat at special events and celebrations such as CarmelFest or farmer’s markets. (They also smoke and sell meats at the northwest corner of 106th St. and College Ave.) Since 1960, a joinder agreement between the City and the County has allowed the Carmel zoning ordinance regulations to be applicable to Home Place. Recently, the Code Enforcement Dept. cited this subject location for storing two smoker trailers in the driveway of this residential property. (Most citations issued by the Code Enforcement Dept. begin as a complaint from a surrounding neighbor, or they begin with general neighborhood site visits by Code Enforcement.) The Petitioner proposes to enclose the two smoker trailers in a garage, but the proposed garage size variance is not the only aspect of this site in question: The zoning ordinance contains Home Occupation Regulations, such as using not more than 15% of a home for certain business uses, as well as requirements about not altering the residential character of the site. The Home Occupation regulations are very specific about what percentage of a Dwelling can be used for a home occupation (less than 15%), keeping the site looking residential, etc. Also, if smoke and/or odor are emitted from the site, and not contained in the building, then that also goes against the Home Occupation regulations (listed out in UDO section 5.18.) If more than 15% of the home is being used for activities associated with the mobile catering business, then the Petitioner will need to seek development standards variance approvals from the Home Occupation regulations and/or seek Use Variance approval for a Commercial Kitchen land use. The City also has a concern about how often the owner smokes meat at this residential site. Once or twice a month, the Petitioner smokes meat in his trailers (at the home site) for the purpose of delivering it to homeless people that he feeds 1-2 times per month. The Petitioner also smokes meat on site for personal use for his family. There is a fine line between smoking meats for personal use verses smoking meat for business use; how much is too much? Planning Staff would like a commitment that Woody’s Flaming BBQ will not smoke meat on-site, nor use the outbuilding to operate the business (such as food prep and so on.). The Dept. is concerned about the negative impact that smoking meat multiple days a week has on adjacent residential properties. If the proposal doesn’t involve smoking of meat on-site, then the Dept. could be supportive of the accessory building size variance, to keep the property residential in character and to not appear that a business use is being staged at this location. 5 Planning Staff was also able to get some preliminary feedback from the Hamilton County Health Dept. It has Flaming Wood BBQ permitted as an Annual Temporary since 2009 at Norriston Dr. Their inspections are all done at the event or celebrations they have been. Due to permit type changes, if Woody’s is popping up at non- event locations and serving food, then they are supposed to be a Mobile permit, which allows them to move around more freely than an Annual Temporary type of temporary establishment that is supposed to be at events or celebrations. The Mobiles are supposed to have a commissary to return to for cleaning and restocking, and normally that is a licensed kitchen facility location. When the Health Dept. gets an application for these types, if the owner tries to use their home as the commissary, then the next step the Health Dept. has is to check the zoning, before the y issue their permit approval. This kind of Mobile permit is kind of unique, even if the owner has a commissary kitchen, the Health Dept. will allow them to smoke meat on the trailers (not at the commissary location; likely at home) because the process of smoking meat takes so long. Remaining planning/zoning review comments: a) Please submit the proposed detached garage floor plan. b) On the site plan, please also show/label what areas on the site are (or will be) concrete/paved vs. gravel. c) How often will smoking of meats occur on this residential site? The City is inclined to be supportive of the variance for the garage size, if the Petitioner can commit to not smoking any meats on-site. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 19070010 V, with the condition/commitment that no meat is smoked on site.