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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
MONDAY, JANUARY 25, 2021
(UV) Rita’s Ice and Custard.
The applicant seeks the following use variance approval:
5. Docket No. PZ-2020-00222 UV UDO Section 2.35: Permitted Uses, Use Variance requested
for Restaurant with Walk Up window. The site is located at 110 W. Main Street Suite #127, in
Sophia Square. It is zoned C2/Mixed Use. Filed by Steve Wilkos, owner.
General Info & Analysis:
The Petitioner seeks use variance approval to install a Walk-Up window to go along with his Restaurant Use.
Restaurants with Walk Up / Drive Thru components are not permitted in the C2/Mixed Use zoning district. The
site is located on Main Street in Old Town, in Sophia Square. Restaurants and business line this pedestrian-
oriented section of Main Street. Apartments exist on the upper floors of the Sophia Square building. Please see
the Petitioner’s informational packet for more detail on the use variance request.
The Zoning Ordinance definition of Restaurant is as follows: An establishment which is primarily engaged in
serving food and beverages which are consumed on its premises by its customers seated at tables and/or
counters either inside or outside the building thereon, and, as an accessory use thereto, may be engaged in
providing customers with take-out service of food and beverages for off-site consumption. This includes a
delicatessen and a brewery or brew pub.
And, the Zoning Ordinance definition of Restaurant With Drive-Thru and/or Walk-Up Food Sales is as follows:
An establishment engaged primarily in the business of preparing food and purveying it on a self-serve or semi
self-serve basis. Customer orders and/or service may be by means of a walk-up counter or window designed to
accommodate automobile traffic. Consumption may be either on or off the premises.
The walk-up window will we located on the south façade of the tenant space. It will aid in serving patrons by
offering another way to pick up food that is safe and convenient. With the popularity of ordering food online
and via a phone app, the walk up window will aid in efficiency and convenience, as well as safety.
The location of the walk up window will not impede with activity on the Main Street sidewalk. Two chairs will
be placed outside, as well.
Technical Review:
The Petitioner coordinated with the Technical Advisory Committee (TAC) members. There are close to 28 TAC
members, representing city and county agencies, utility companies, etc. Items reviewed for this project were
land use, utilities, signage, architecture, lighting, life/safety issues, building code compliance, and more.
Planning Staff’s Final Comments:
The Petitioner addressed all planning/zoning review comments, and the Planning Dept. supports the use
variance request.
Petitioner’s Findings of Fact:
Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
After all comments and concerns are addressed, the Dept. of Community Services (DOCS) recommends
positive consideration of Docket No. PZ-2020-00222 UV.