HomeMy WebLinkAboutPacket for BZA 01-25-21STATEMENT OF INTRODUCTION, REQUEST AND SUPPORT
Tomahawk Holdings, LLC owner of the real estate located at the North West corner of Motion
Boulevard and 2Id Street SW has petitioned the Carmel Board of Zoning Appeals for a Use
Variance and 9 additional Developmental Standards Variances necessitated by the existing
conditions on the site. The Use Variance is to permit continued Use of the real estate as a
bar/restaurant. The Applicant received Carmel City Council approval on May 16, 2016 by way of
Ordinance No. D-2288-16 for an Alcoholic Beverage Permit to be issued in the MidTown District,
non -transferable, binding on the Permit Applicant, commit that the premises be open 6 days and
30 hours per week offering table or counter service at all times, and renewal of the Permit be made
with notice to the Council and Mayor. The Ordinance further required the Applicant to submit
information to include (1) the full name and address of the Permit Applicant, (2) the business name
and address of the premises for which the Permit requested, (3) the theme or type of establishment
that will be operated on the premises for which the Permit is requested, (4) the nature and type of
dining services that will be provided at the premises for which the Permit is requested, (5) the daily
hours of operation of the premises for which the Permit is requested, (6) the typical food and
beverage selections that will be offered to the public at the premises for which the Permit is
requested, (7) a description of the Permit Applicant's experience in operating facilities similar to
that which will be operated on the premises for which the Permit is requested, (8) financial
statements from the Permit Applicant and premises proprietor for the past five fiscal years, (9) a
statement explaining how the premises would benefit the City and the District in which the
premises will be located including the anticipated number of new jobs resulting from the premises
operation and (10) a full and complete executed copy of the Permit Application. The Council by
adopting Ordinance No. D-2288-16 established the location of the permitted premises, the overall
design and quality of the restaurant facility, the financial investment in the permitted premises and
operation, the reputation and experience of the operator, the expected time table for construction
or remodeling of the existing property and the commencement of operations, the
restaurant/permitted premises ability to draw people to and enhance the development of the district
and the uniqueness of the facility and its consistency with the overall plan of the District.
Following adoption of Ordinance No. D-2288-16, the Council adopted Ordinance No. D-2470-19
on June 17, 2019 and approved on July 4, 2019 by the Mayor. That Ordinance designated Danny
Boy Beer Works, LLC, d/b/a The GOAT as the Permitee requiring the Ordinance commitments
including the location of the business, the theme of the business, nature and type of dining,
Applicants business experience and the benefits to The City of Carmel attached hereto as Exhibit
A. The adoption of Ordinance No. D-2470-19 included the commitment by the Applicant (The
GOAT) to hiring 40 new employees or equivalent for this location, an estimated annual payroll of
$285,000.00, and the investment in building renovation and equipment of $1,000,000.00. The
Applicant agreed to offer spacious outdoor dining featuring both beer garden and street side seating
along 2"d Street SW and the Motion Trail. The bar/restaurant concept will be unique to Carmel,
its residents and guests. Because of patron after hours misconduct, The GOAT and The City of
Carmel entered a series of commitments regarding the operation of The GOAT attached hereto as
Exhibit B. The GOAT is willing to continue to abide by those commitments however would
request that the hours of operation be extended to no later than 1:30 a.m. which is consistent with
other bar/tavern/restaurant establishments in the MidTown area as shown on revised Exhibit C.
The Applicant believes with the cooperation of The City of Carmel and the recently enacted Public
Conduct Ordinance and the Applicants regulation of business hours, the objections voiced by
certain remonstrators have been resolved and the Use Variance should be adopted permitting
Applicant to continue business operations until such time as the real estate is re -zoned to C-2.
The Development Standards Variances listed below are necessary due to the location and
configuration of the existing facility.
(UV, DSV) The GOAT Restaurant and Tavern.
The applicant seeks the following use variance and development standards variance approvals:
Docket No. PZ-2020-00229 UV UDO Sections 3.56 & 2.09 Permitted Uses, Use Variance requested for a
Restaurant/Tavern/Bar.
Docket No. PZ-2020-00230 V UDO Section 3.64.A.1.0 Lot Cover Max. 45% (for residential use) and
70% (for all other uses) allowed, 100% requested.
Docket No. PZ-2020-00233V UDO Sections 3.64.A.6 & 5.09 Side/rear yard fence height exceeding 6',
8' requested.
Docket No. PZ-2020-00234 V UDO Section 3.64.A.9.a Parking in front yard not allowed, Parking in
front yard requested.
Docket No. PZ-2020-00235 V UDO Section 3.65.A.3.a Little to no grass and landscaping requested.
Docket No. PZ-2020-00237 V UDO Section 3.64.A.6 Lighting Type & Height.
Docket No. PZ-2020-00238 V UDO Sections 1.07.E &P Compliance with the Transportation Plan
required, Reduced ROW width and no sidewalk requested.
Docket No. PZ-2020-00240 V UDO Sections 3.64.A.9.c & 5.30 35 vehicle parking spaces required, 6
provided on site.
Docket No. PZ-2020-00242 V UDO Section 5.39.H.5 Ground Sign type prohibited on residential
structure converted to commercial use, 2 proposed
Docket No. PZ-2020-00243 V UDO Section 5.39.H.2 4 Signs requested, 2 allowed.
The site is located at 220 2i' St. SW (former Bub's Cafe site). It is zoned R2/Residence and Old Town Overlay,
Character Subarea (Lot I in Frank E Hawkins Addition). Filed by Kevin Paul, on behalf of Tomahawk Holdings
LLC.
Respectfully Submitted,
E. Davis Coots
LEGAL DESCRIPTION
Limited Warranty Deed
Tomahawk Holding LLC
Instrument No. 2019059216
Parcel No. 16-09-25-16-06-007.000
The East Half of the following described real estate:
Part of the East Half of the Southeast
Quarter of Section 25, Township 18 North,
Range 3
East, beginning
560.44
feet South and
468
feet East of the Northwest corner of said
East Half;
thence South 132
feet;
West 132 feet;
North 132 feet; and East 132 feet to the
place of
beginning, being
Lots 1
and 2 in Frank
M.
Hawkins Addition to the City of Carmel.
ALSO a vacated alley 25 feet East of and
adjacent
to said property
as set
out in Vacation
of
Public Way recorded April 22, 1994 as Instrument Number 9419040,
EXCEPT
that portion of
the
land conveyed to City of Carmel, Indiana in Warranty Deed recorded
January
18, 2018 as
Document No. 2018002345.
TITLE COMMITMENT NOTES
No title commitment for the subject real estate or adjoining parcels was provided; therefore,
items such as easements or other exceptions commonly found in title commitments or policies,
which may or may not affect the property, are not shown. Should additional information be
required to be shown on the survey, please advise and provide the appropriate documents.
LINES OF OCCUPATION
Occupation means some observable improvement either man made or a natural barrier
manipulated by man to delineate the boundary line. It should be noted that not all fences are
erected to define boundary lines and caution is warranted before accepting this type of barrier
as such. One should also be aware that when these types of occupation are not in agreement
with deed lines certain unwritten rights may exists over the land between them. Those parties
relying on the survey should assume that the uncertainty of ownership of these areas where
occupation lines and deed lines are not in coincidence is, at least, equal to the magnitude of
the difference. Unless otherwise noted or shown on the survey, there is no visible evidence of
occupation (possession) along the deed lines of the subject real estate.
BASIS OF BEARING
The basis of bearing for this survey is an assumed East along the centerline of 2nd Street SW
and should be used for reference only. Whereas the true control of the survey is the street
alignment and the angular relationship built from those street alignments.
UTILITY NOTE
The locations of utilities shown hereon are based on above ground structures and/or locations
as marked by others. No excavations were made during the progress of this survey to locate
buried utilities/structures. AXIS Surveying encourages the use of the Indiana Underground Plant
Protection Services, IUPPS, a.k.a. "Holey Moley." Their services are available by telephone at
1-800-382-5544 or through the Internet at www.iupps.org.
ZONING NOTE
According to
the City of Carmel Zoning Maps for Hamilton
County,
Indiana, the subject real
estate is in
an area designated as having a R-2 zoning.
There may be a need for an
interpretation
of certain restrictions and requirements that
can only
be given by the Zoning
Administrator.
A surveyor cannot make a certification on the basis
of an interpretation or
opinion of another
party. Set back requirements for R-2 zoning can
be variable, transitional,
and subject
to legal interpretation; therefore, setback lines
are not
depicted on the survey.
GENERAL NOTES
Table A Item Notes:
Item 16 — There is no evidence of earth moving, building construction, or building additions on
the subject tract.
Item 17 — There is no visible evidence of recent street or sidewalk construction or repairs, nor
proposed changes in street right of way lines.
Item 18 — There has been no field delineation of wetlands conducted by a qualified specialist
hired by the client, thus no markers have been observed nor shown on the survey. There is
no wetlands on the surveyed property based on information obtained from the National Wetland
Inventory website which is maintained by the U.S. Fish and Wildlife Service.
(http://www.fws.gov/wetlands/Data/Mcipper.html)
SURVEYORS CERTIFICATE
Certificate of Survey
ALTA/NSPS Land Title Survey
To: Hammer Heads, LLC:
This is to certify that this map or plat and the survey on which
it is based were made in
accordance with the "Minimum Standard Detail Requirements for
ALTA/NSPS Land
Title
Surveys," jointly established and adopted by ALTA and NSPS in
2016, and includes Items 1,
2, 3, 4, 7(a), 7(b)(1), 8, 9, 10, and 11(a) of Table A thereof.
Pursuant to the
Accuracy
Standards as adopted by ALTA and NSPS and in effect on the
date of this certification,
undersigned further certifies that in my professional opinion, as
a land surveyor
registered
in the State of Indiana, the Relative Positional Accuracy of this
survey does not
exceed
that which is specified therein.
I further certify that to the best of my professional knowledge,
information, and
belief, the
within plat represents the results of a Suburban Survey, as defined
in 865 AC 1-12-7,
completed, in the field, under my direct supervision on January
11, 2021.
Professional Land Surveyor #S0510
January 13, 2020
SURVEYORS REPORT
The planimetric data was gathered using standard radial surveying techniques with an electronic
instrument with data collector. The following paragraphs are observations and opinions regarding
the uncertainties in the locations of monuments (found and set) record documents, and the
deed lines as established by this survey, and as introduced by probable random errors in the
measurements made due to the instrumentation and techniques employed (relative positional
accuracy). The survey may show differences between the deed (D) or plat (P) dimensions and
the measured (M) dimensions along the deed lines. There may be differences between lines of
occupation (possession) and the deed lines as shown on this survey.
Monuments were set or found flush with the surface, unless otherwise noted during the course
of this survey. There may be 5/8" rebar with orange plastic caps stamped "REFERENCE
POINT" found on or near the subject real estate. These are working points and not to be
confused as monuments marking the boundaries of the subject property. Monuments found at
or near the deed corners, or along the deed lines of the subject real estate are indicated on
the drawing. Monuments were not set in those cases where a found monument was not in
exact agreement with this survey, but within the tolerances required for the survey, because
the difference is deemed insignificant. The difference may be shown on the survey to
accentuate the uncertainty of that corner. In those cases where the difference is greater than
the relative positional accuracy or uncertainty in controlling monuments, caution should be
exercised before making any improvements along the lines affected. Those uncertainties
considered to be significant are discussed below.
The monuments at the corners of the subject real estate established this survey are within the
acceptable relative positional specifications for a Suburban Survey, 0.13 feet + 100 ppm as
defined in 865 IAC 1-12-7.
The purpose of this survey was to retrace and monument the boundary of the tract of land
described in the above "Description". A corrected legal survey is recommended accompanied
by a new modern legal description.
The subject property is described as a metes and bounds description (said description type
described in more detail below). This metes and bounds description was supposed to follow
and encompass Lots 1 & 2 in Frank M. Hawkins addition to the Town of Carmel. This
addition does not appear to have any recording information attached to it so as to review the
originating document. It is assumed by other additions in the Town of Carmel and in the
some vicinity to consist of lots measuring 66 feet (1 chain) by 132 feet (2 chains). The
metes and bounds description should adhere to the placement of these lots whereas these lots
have been placed from street alignment and monuments found in the field. This determination
of Lot placement is in agreement with physical evidence found in the field along occupation
lines. That evidence being building face location and alignment and location of fences along
property lines. Using lot locations based off of monuments in field and street alignment
(which some streets have been improved since original addition) results in discrepancies with
the metes and bounds descriptions laid out hereon. Since the original intent was to be a
description around the lots the way said original lots were laid out should be used. There also
appears to be conflicting information in regards to the section monuments used. Hamilton
County has been in the process of updating many of the section corner monumentation and
has come across many record versus title corners which may be the case on this project as
well. Said differences in section corner monumentations is discussed more in detail at the end
of this report.
The subject real estate is described by metes and bounds. These types of descriptions make
"calls", which are references to record, natural or artificial monuments at the corners; and
record, natural or cultural boundary lines. The most common method is to recite the direction
and length of each line as one would walk around the perimeter of the property. The following
paragraphs are observations relative to those controlling monuments and calls as referenced in
the description.
The following are the monuments found or re—established marking the corners common to the
Southeast Quarter of Section 25, Township 18 North, Range 3 East.
North Corner —Mag nail found per Hamilton County Surveyor's Office Corner Record tie sheet.
Northeast Corner — Section corner established per ties on the Hamilton County Surveyor's
Office Corner Record tie sheet.
Southeast Corner — Harrison monument found per Hamilton County Surveyor's Office Corner
Record tie sheet.
The subject real estate is located within a block in a platted subdivision where no original
monuments were found and where there has been very little surveying activity by others. In
this situation it is common practice to establish the rights of ways of streets surrounding the
block in which the lot is located by locating the physical center lines of those streets and
applying the full right of way widths as shown on the plat. The distances measured between
rights of ways lines were compared with the dimensions of the lots within the block and if
excesses or deficiencies were found between the two, the differences were prorated amongst all
of the lots within the block.
The subject real estate is described as Lot 1 in Frank M. Hawkins Addition with a 25' vacated
alley to the east of said lot EXCEPT that right of way conveyed to the City of Carmel. The
street alignment of 2nd Street SW and Monon Boulevard was used for the alignment of the
lots and the placement was determined by monuments found at the southwest corners of Lots
1 & 2 of Frank M. Hawkins Addition.
Information regarding the ownership of the subject real estate or adjoining parcels is that as
shown in local government records, or as furnished by others.
A comparison was made between the deed calls of the subject real estate and those adjoining
parcels with common lines with the surveyed parcel and the following discrepancies were found.
There were multiple differences in the location of Section Corners and the legals described
from these corners to establish the Monon Trail. The greatest one is the distances between
the northeast and southeast corners described hereon. In the field the distance between the
two corners measures 2,620.08 feet whereas when described from the EXCEPTION document for
right of way taking for the Monon trail it was supposed to measure a distance of 2641.77
feet (2080.78 + 560.99). This leads me to believe that a record versus title corner may be
in play.
FLOOD ZONE NOTE
The accuracy of the flood hazard data shown on this report is subject to map scale
uncertainty and to any other uncertainty in location or elevation on the referenced Flood
Insurance Rate Map. According to the Federal Emergency Management Agency Flood Insurance
Rate Map for the City of Carmel, Hamilton County, Map Numberr 18057CO207G dated November
19, 2014, the described real estate lies within the Unshaded Zone ' X," which area is
determined to be outside 500—year floodplain, by graphic plotting only. No field surveying was
performed to determine this zone and an elevation certificate may be needed to verify this
determination or apply for a variance from the federal management Agency.
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Carmel, Indiana
ALTAINSPS LAND
TITLE SURVEY
PROJECT LOCATED IN:
SOUTHEAST QUARTER
OF SECTION 25
TOWNSHIP 18 NORTH
RANGE 3 EAST
CLAY TOWNSHIP
HAMILTON COUNTY
PREPARED FOR:
Hammer Heads, LLC
19149 Prairie Crossing Dr
Noblesville, IN 46062
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SPONSOR(S): Councillors Worrell and Rider
ORDINANCE NO. D-2470-19
Synopsis: This ordinance records the commitments made by Danny Boy Beer Works, LLC that
are required by the City in order to obtain one of the three-way alcoholic beverage permits
authorized by Indiana Code § 7.1-3-20-16.8.
WHEREAS, the City of Carmel ("City") adopted Ordinance D-2288-16, which requires
applicants for a three-way alcoholic beverage permit authorized by Indiana Code § 7.1-3-20-16.8 (the
"Permit") to make certain commitments to the City regarding the project as a condition precedent to
obtaining said Permit from the Indiana Alcohol and Tobacco Commission; and
WHEREAS, Danny Boy Beer Works, LLC (`'Applicant") is applying for a Permit and makes
the required commitments to the City as set forth in Exhibit A, which is attached hereto and incorporated
herein by this reference (the "Commitments"); and
WHEREAS, pursuant to Carmel City Code § 6-228(d), the Mayor has reviewed the
Commitments and materials submitted by the Applicant and recommends that the Council accept them
as submitted.
NOW, THEREFORE, the Common Council ordains and states as follows:
Section I. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. In accordance with Carmel City Code § 6-228, the Carmel Common Council hereby
accepts the Commitments as set forth in Exhibit A regarding Danny Boy Beer Works LLC's application
for a three-way alcoholic beverage permit issued by the Indiana Alcohol and Tobacco Commission
pursuant to Indiana Code § 7.1-3-20-16.8.
Section 3. These commitments may only be modified with the approval of the Carmel Common
Council.
Section 4. This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor.
Ordinance D-2470-19
Page One of Two
This Ordinance was originally prepared by Jon A. Oberlander, Carmel Assistant Corporation Counsel, on 06104t19 at 3:41
p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr.
Oberlander for legal sufficiency or otherwise.
SPONSOR(S): Councillors Worrell and Rider
°7>'t'i
PASSED by the Common Council of t City of Carmel- diana this day of
CAr L- 2019, by a vote of ayes and nays.
COMM QtACIL FOR THE CITY OF
Jeff Woriell,�r esident Anthony E
Laura D. Campbell, Vice-Preident
ald E. Carter
Sue Fink9
/ � J
ATT T/ %
S. Pauley, Clerk -
Presented by me to the Mayor of the C
U / l 2019, at Lm
Approvedtby me, Mayor of the City of C
2019, at
Ordinance D-2470-19
Page Two of Two
H. Bruce Kimball
r
Kevin D. Rider
Indiana this day of
istine S. PauleV. Clerk -
Indiana, this ,7 day of
Brainard, Mayor
This Ordinance was originally prepared by Jon A. Oberlander, Carmel Assistant Corporation Counsel, on 06/04/19 at 3:41
p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr.
Oberlander for legal sufficiency or otherwise.
WRITTEN COMMITMENT BY THE SMOKE'N BARREL RESTAURANT GROUP, LLC, TO OBTAIN A THREE-
WAY BEVERAGE PERMIT PER THE PROVISIONS Of CARMEL ORDINANCE D-2288-16.
The Smoke'n Barrel Restaurant Group, LLC ("SBRG") by its principals Kevin Paul and Partners, make the
following written commitment as required under Carmel City Ordinance No. D- 2288-16.
1. Company: SBRG is an Indiana limited liability company whose majority owner has a current
affiliation with multiple Restaurants, Breweries, and Distilleries in Indiana and Michigan (Brockway
Public House, Danny Boy Draft Works IU, Danny Boy Draft Works Notre Dame, Danny Boy Beer
Works, War Water Brewery, and The Abbey Taproom). The company is owned by an investment
team lead by Kevin Paul, with Barry Miller acting as its operational member.
2. Location: SBRG is exploring a joint building renovation initiative with the Bub's Caf6 located at 220
2"a Street SW, Carmel, Indiana 46032, for the operation of its Restaurant Craft Beer and Small Batch
Distillery. The location is within Carmel's Midtown Development District. See Appendix A.
3. Theme: Smoke'n Barrel is a small business adventure of Kevin Paul, Barry Miller and Associates from
Carmel, Indiana. The concept is to provide in an open-air setting for small batch bourbons & spirits,
artisanal cocktails, craft beers and smoked foods to the greater Carmel market.
4. Nature and Type of Dining: Our new Carmel location will be a full -service restaurant that will seat
approximately 100+ patrons. Attached, as Appendix B is a copy of our proposed menu.
S. Applicant's Business Experience: Kevin Paul has been a business owner for almost 25 years. He and
his partners have an established software and services firm headquartered in Carmel hosting more
than 125 employees. With 4 additional offices, including an international office in Amsterdam, the
company currently employs 300 associates both domestically and internationally. Blue Horseshoe
has called Carmel its home since 2001.
Kevin entered into the restaurant industry with his late wife Lainie in 2007 when they opened The
Brockway Public House in Carmel. The Brockway has since become a staple concept along the Old
Meridian corridor. Kevin and wife Megan Paul own and operate Danny Boy Beer Works of Carmel
lest 2014), Danny Boy Draft Works @ Notre Dame lest 2017) and IU lest 2018). They have also
established a Spirits company and Distilling concept in Carmel (est 2017) in addition to a Brewery
and Taproom in St Clair, Michigan lest 2015). Barry Miller has been an employee of the Brockway
Public House for 11 years and has been its acting General Manager since 2017. Prior to joining the
Brockway Public House he worked and retired from UPS as a training and safety manager.
6. Benefits to the City of Carmel: SBRG anticipates hiring approximately 40 new employees for this
location, with an estimated annual payroll of $285,000. The Restaurant Craft Bar and Distillery is to
be located in a beautiful newly renovated building and will feature high quality furnishings and
decor. In addition to the construction of the building by SBRG, Smoke'n Barrel will be investing an
additional $1,000,000 in build out and equipment. Smoke'n Barrel will offer a spacious outdoor
dining experience featuring both beer garden and street side seating along 21' Street and the
Monon Trail. The building and interior will reinforce the quality brand that Carmel residents have
come to expect. Moreover, Smoke'n Barrel is a one-off concept that will be unique to Carmel, its
residents and guests.
$pMbit
/
Agreements: The applicant agrees that: (i) the permit location falls within the Arts and Design
District, (ii) the permit, if issued, shall not be transferred from the premises for which it is issued or
from the permit holder to whom it is issued. (III) The applicant agrees that all terms set forth in this
commitment shall be binding upon the Permit applicant, the Permit holder, and each and every
lessee and/or proprietor of the permitted premises. (iv) The applicant agrees that it and every lessor
of the permitted premises shall remain open to the public a minimum of six (6) days and thirty (30)
hours per week, and that table and /or counter wait staff shall be available at all such times. (v) The
applicant agrees that if issued the Permit it will forward both to the council and the mayor a copy of
any application to renew such Permit, as well as provide the same with timely notice of any filings,
hearings, or other proceedings regarding or pertaining to such Permit renewal application.
ALL OF THE ABOVE IS HEREBY AGREE UPON AND AFFIRMED BY SMOKE'N BARREL RESTAURANT
GROUP, LLC
(
.�lz c lra
Kevin P lul Date
2 C'f(0
APPLICATION FOR NEW OR TRANSFER PERMIT
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Exhibit
6 of (()
SPONSOR: Councillor Finkam
ORDINANCE NO. D-228846
CITY CODE ESTABLISHING THE NEED FOR AND THE TERMS OF A WRITTEN
Synopsis: Ordinance will require applicants for three-way alcoholic beverage permits made
available pursuant to IC 7.1-3-20.16.8 to enter into a formal written commitment as a -
condition of their eligibility for and the holding of the same.
WHEREAS, the Indiana General Assembly has enacted IC 7.1-3-20-16.8 (the "Law"),
which allows the Indiana Alcohol and Tobacco Commission to issue four (4) new three-way
alcoholic beverage permits ("Permits") that will allow the holders of the same to sell alcoholic
beverages for on -premises consumption at certain locations within the City of Carmel, Indiana
("City"); and, .
WHEREAS, an applicant for such a Permit granted under the Law must be a proprietor, as
owner and/or as lessee, of a restaurant located within an economic redevelopment area, an area
needing redevelopment, or a redevelopment district in within a City downtown redevelopment.
district or downtown economic revitalization area;
WHEREAS, it is in the public interest for the City to use the Permits to serve and enhance
the development of its downtown redevelopment districts;
WHEREAS, the Law authorizes the City to adopt an ordinance requiring each Permit
applicant to submit a written commitment ("Commitment") to the City, as a condition of eligibility
for the issuance of a Permit to the applicant, that will be binding upon the Permit holder and on
any lessee or proprietor of the Permit premises; and
WHEREAS, the Common Council of the City of Carmel, Indiana ("Council") now desires
to require a binding and written Commitment from each Permit applicant and to establish the
requirements of that Commitment.
NOW, THEREFORE, the Common Council states and ordains as follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
This Ordinance was prepared by Douglas Haney, Corporation Counsel, on 04/11/16 at 3:55 p.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
VA\sbared\E Bass\My Documents\ORDINANCES\2016\Ordinance D-2288-16 - Alcoholic Beverage Pemdcdoex
SPONSOR: Councillor Finkam
Section 2. The following should be and the same is hereby adopted and shall be codified
as Chapter 6, Article 8, Section 6-228 of the Carmel City Code, to wit:
l{
"§ 6 — 228 Committment Required for Certain Alchoholic Beverage Permits
(a) All applicants for a three-way alcoholic beverage permit issued pursuant to Indiana Code
7.1-3-20-16.8 ("Permit") shall be required, as a condition precedent to being considered for
and/or holding such a Permit, to enter into a written commitment ("Commitment')
acceptable to the City that contains all of the conditions set forth in subsections (b) and (c)
hereinbelow.
(b) A Commitment shall state and agree that:
(i) The location of the premises for which the Permit is being sought is within one of
the following City redevelopment districts: (A) City Center District, (B) Arts and
Design District, (C) Midtown District, or (D) The Proscenium District.
(ii) If a Permit is issued to an applicant in accordance with this Section, the Permit
shall not be transferred from the premises for which it is issued or from the Permit
holder to whom it is issued.
(iii) If a Permit is issued to an applicant in accordance with this Section, the
Commitment and all of the terms and conditions set forth therein shall be binding
upon the Permit applicant, the Permit holder, and each and every lessee and/or
proprietor of the permitted premises.
(iv) If a Permit is issued to an applicant in accordance with this Section, the Permit
applicant, the Permit holder, and each and every lessee and/or proprietor of the
permitted premises shall agree that the permitted premises shall remain open to the
public a minimum of six (6) days and thirty (30) hours per week, and that table
and/or counter wait staff shall be available at all such times.
(v) If a Permit is issued to an applicant in accordance with this Section, the Permit
holder agrees to forward to both the Council and the Mayor a copy of any
application to renew such Permit, as well as provide the same with timely notice of
any filings, hearings, or other proceedings regarding or pertaining to such Permit
renewal application.
Ordinance D-2288-16
Page Two of Five
This Ordinance was prepared by Douglas Haney, Corporation Counsel, on 04/11/16 at 3:55 p.m No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
V:rshared\E BasstMy Documentsl0RD1NANCESI2016\0rdinance D-2288-16 - Alcoholic Beverage Pennit.docx
SPONSOR: Councillor Finkam
(c) A Commitment shall contain the following information:
(i) The full name and address of the Permit applicant.
(ii) The business name and address of the premises for which the Permit is requested.
(iii) The "theme" or type of establishment that will be operated on the premises for
which the Permit is requested.
(iv) The nature and type of dining services that will be provided at the premises for
which the Permit is requested.
(v) The daily hours of operation of the premises for which the Permit is requested.
(vi) The typical food and beverage selections that will be offered to the public at the
premises for which the Permit is requested.
(vii) A description of the Permit applicant's (or premises proprietor's/lessee's)
experience in operating facilities similar to that which will be operated on the
premises for which the Permit is requested.
(viii) Financial statements from the Permit applicant and premises proprietor/lessee for
the past five (5) fiscal years.
(ix) A statement explaining how the premises, if it were granted a Permit, would benefit
the City and the District in which it will be located. This statement should include
the number of anticipated new jobs that would result from premises operation.
(x) A full and complete executed copy of the Permit application.
(d) All Commitments shall be submitted to the Mayor, who shall, after review and inquiry,
make a recommendation for action thereon to the Council.
(e) The Council, upon recommendation of the Mayor, shall evaluate and consider a
Commitment based upon the following criteria:
(i) The location of the permitted premises.
(ii) The overall design and quality of the restaurant facility.
Ordinance D-2288-16
Page Three of Five
This Ordinance was prepared by Douglas Haney, Corporation Counsel, on 04/11/16 at 3:55 p.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
V:\sharedlE Bms\My Documents\ORDINANCESl2016\Ordinance D-2288-16 - Alcoholic Beverage Pemi tdocx
SPONSOR: Councillor Finkam
(iii) The financial investment in the permitted premises and operation.
(iv) The reputation and experience of the operator.
(v) The expected timetable for construction or remodelling of existing property and
commencement of operations.
(vi) The restaurant/permitted premises ability to draw people to and enhance the
development of the District.
(vii) The uniqueness of the facility and its consistency with the overall plan of the
District.
(f) After it is submitted to the Council, a Commitment may be modified by the Council with
the agreement of the Permit applicant.
(g) If a majority of the Council accept a Commitment, the Council shall approve the
. Commitment by ordinance."
Section 3. If any portion of this Ordinance is for any reason declared to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance so long as enforcement of same can be given the same effect.
Section 4. This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor and such publication as is required by law.
[Remainder of page intentionally left blank]
Ordinance D-2288-16
Page Four of Five
This Ordinance was prepared by Douglas Haney, Corporation Counsel, on 04/11/16 at 3:55 p.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
V:Uued\E Bass\My Documents\ORDINANCES\2016\Ordinance D-2288-16 - Alcoholic Bevemp Permit.dou
SPONSOR: Councillor Finkam
PAS$ED by the Common Council of the Gy of Carmel, Indiana; on this ay of
e 2016, by a vote of ��d
ayes and _0 nays.
COMMON COUNCIL FOR THE C Y OF AR
Ron d E. Carter, President Kevin D. Rider
ue JPCkami Vice -President
Laura D. Campbell
Carol Schleif
P nted by me to the Mayor of the City o Carmel, In ' this � day of
2016, at , Z6 Y.M.
C 1 me S. Pauley, erk-TreasurekJ
�/�,4.,._._
Approved by me, Mayor of the City of Carmel, Indiana, this _j aay of
A1144 " 2016, at 80 E.M.
J s Brainard, Mayor
41 '/J�z �'
\ / n . a y, Clerk -Treasure
(hdinance D- 88-16
Page Five of Five
This Ordinance was prepared by Douglas Haney, Corporation Counsel, on 04/11/16 at 3:55 p.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
V:\shmdVE li=\My Documents\ORDINANCM016\0rdinance D-2288-16 -Alcoholic Beverage Permit.doex
Proposed Commitments
Tomahawk Holding LLC
220 Second Street SW
Carmel, Indiana
In consideration for the agreement of Department of Community Services of the City of
Carmel, Indiana ("DOCS") to temporarily suspend enforcement of the Notice of Non -Compliance,
Tomahawk Holding LLC as the owner (the "Owner") of the property located at 220 Second Street
SW (the "Premises") and The Greatest of All Taverns, LLC (d(bla The GOAT), as the operator
(the "Operator") of the Premises, hereby agree to and commit to the strict compliance and
performance of the following commitments until the earlier of an approval or denial of a use
variance from the Carmel Unified Development Ordinance or February 25, 2021. In the event that
there is a failure to comply or perform any of these commitments and such failure is not cured
immediately upon notice from DOCS but in no case later than twenty-four (24) hours of receipt of
such notice from DOCS or the Carmel Board of Zoning Appeals has not granted a use variance to
allow for the continued use and operation of the Premises pursuant to these commitments and any
other conditions, then all operations on the Premises will cease immediately and will not resume
unless the Owner and Operator have obtained the approval of DOCS and the City of Carmel
("City") which approval will be in their sole and absolute discretion and upon such conditions,
including these commitments, as they may impose in their sole and absolute discretion. It is further
understood and agreed, that in the enforcement of these commitments, the City or DOCS may seek
injunctive relief from the courts in Hamilton County and both Owner and Operator agree to such
relief and will not object to same.
Until such time as the Carmel Board of Zoning Appeals approves or denies an application
for a use variance, the restaurant and bar located on the Premises will be allowed to operate
only between the hours of 10:00 A.M. and 11:00 P.M. on Sunday through Thursday and
between the hours of 10:00 A.M. and 12:00 A.M. (Midnight) on Friday and Saturday and
in strict conformance with these commitments. It is understood and agreed that the
restaurant must be completely closed and all customers, patrons and invitees absent from
the Premises by 11:00 P.M. or Midnight as the case may be and the Operator will begin to
conclude all food and beverage services at 10:00 P.M. or 11:00 P.M., as the case may be
to ensure that the restaurant is fully closed by the times set forth above.
2. The Operator will take any and all steps necessary to ensure that the noise level outside of
the building located on the Premises, as well as anywhere outside of the building on the
Premises, does not exceed 50 decibels and in the event that the City of Carmel enacts any
ordinance that further restricts the noise level applicable to the Premises now or in the
future, the Operator will operate the restaurant and use the Premises in such a manner that
the operations and use do not exceed the lesser of 50 decibels or the level set forth in the
ordinance.
3. The Operator will take any and all necessary steps, including the employment of additional
staff, to control the entrance, exit and use of the Premises as follows:
(a) All patrons, customers, invitees, vendors, staff, employees and coming to or from
the Premises must utilize only public streets, sidewalks, paths and the Monon Trail,
and will at all times avoid any entry upon any private property; including, but not
limited to, the private residences to the west of the Premises or the multi -family
housing development to the south of the Premises. To the extent necessary to
comply with this requirement, a private security firm will be required to be
employed by Operator.
(b) There will be only one (1) entrance into the restaurant building from the main
entrance on the east side of the restaurant building and Operator will install any and
all improvements necessary to prevent entrance to the Premises from the Sandlot
outdoor area and the Monon Trail.
(c) The Sandlot outdoor area, including the fire pit, is to be closed and remained closed
unless the use of the area is approved as a part of the use variance.
(d) The Operator will have a dedicated, full time employee ("Bouncer") located at the
main entrance all times to: confirm the legal age of all patrons, customers and
invitees; to prevent any person from taking any beverages outside of the restaurant
building; and to ensure that all persons, excepting the staff and the employees, have
left the restaurant building and Premises, and that there is no loitering of such
persons in the immediate area surrounding the Premises by the required closing
time.
(e) In the event that the City determines that notwithstanding these commitments, the
security of the neighboring properties is endangered, the Owner and the Operator
will provide for private security.
(f) Live music is prohibited at all times
4. Until such time as additional restroom facilities are constructed per the approval of DOCS
and the appropriate zoning and other governmental agencies and bodies, the occupancy of
the restaurant building and of the three season patio is not to exceed the lesser of 40 persons
per toilet or the standard set by the UDO, the Indiana Board of Health or the Hamilton
Board of Health.
5. A water hose will be installed and used on a regular and continuous basis to clean the
outside of the Premises and the surrounding area. On not less than a daily basis following
the closing of the Premises, the Operator will be responsible for the collection of trash and
debris in a three block area surrounding the Premises.
6. Owner and the Operator will take all steps to establish the point of drop off and pick off
for all ride sharing services at the Midtown garage. Ride sharing vehicles arriving at the
Premises will be directed to the Midtown garage.
Revised Commitments
Tomahawk Holding, LLC
220 2" d Street SW
Carmel, Indiana
Tomahawk Holding, LLC as Owner (the "Owner") of the property located at 220 2°d
Street SW (the "Premises") and the Greatest of All Taverns, LLC (d/b/a the "GOAT") as the
Operator (the "Operator") of the Premises hereby agree to and commit to the strict compliance
and performance of the following commitments until the approval of an Amendment to the
Carmel Unified Developmental Ordinance changing the existing zoning to the C-2 Zone District.
In the event that there is a failure to comply or perform any of these commitments and such
failure is not cured immediately upon notice from DOCS but in no case later than 24 hours of
receipt of such notice from DOCS, then all operations on the Premises will cease immediately
and will not resume unless the Owner and Operator have obtained the approval of DOCS and
The City of Carmel (the "City") which approval will be in their sole an absolute discretion and
upon such conditions, including these commitments, as they may impose in their sole and
absolute discretion. It is further understood and agreed that in the enforcement of these
commitments, the City or DOGS may seek injunctive relief from the Courts in Hamilton County
and both Owner and Operator agree to such relief and will not object to same.
1. Until the hours of operation for the bar/restaurant shall be between the hours of
10:00 a.m. and 1:30 a.m. daily and in strict conformance with these commitments. It is
understood and agreed that the restaurant must be completely closed and all customers, patrons
and invitees absent from the Premises by 1:30 a.m. and the Operator will begin to conclude all
food and beverage services at 1:00 a.m. to ensure that the restaurant is fully closed by the time
set forth above.
2. The Operator will take any and all necessary steps to insure that the noise level
outside of the building located on the Premises as well as anywhere outside of the building on
the Premises does not exceed 50 decibels and in the event that The City of Carmel enacts any
Ordinance that further restricts the noise level applicable to the Premises now or in the future, the
Operator will operate the restaurant and use the Premises in such a manner that the operations
and use do not exceed the lesser of 50 decibels or the level set forth in the Ordinance.
3. The Operator will take any and all necessary steps, including the employment of
additional staff to control the entrance, exist and use of the Premises as follows:
A. All patrons, customers, invitees, vendors, staff, and employees coming to or from
the Premises must utilize only public streets, sidewalks, paths and the Motion Trail and will at all
times avoid any entry upon any private property, including but not limited to the private
residences to the West of the Premises or the multi -family housing development to the South of
the Premises. To the extent necessary to comply with this requirement, a private security firm
will be required to be employed by the Operator.
B. Provided the Fire Marshall approves, there will be only one entrance into the
restaurant building from the main entrance on the East side of the restaurant building and the
Operator will install any and all necessary improvements to prevent entrance to the Premises
from the sandlot outdoor area and the Monon Trail until such time as the Operator has
constructed a separate addition to the building providing six additional restroom facilities.
C. The sandlot outdoor area including the firepit and entertainment games is to be
closed daily at 11:00 p.m.
D. The Operator will have a dedicated, full-time employee (`Bouncer") located at the
main entrance at all times to confirm the legal age of all patrons, customers and invitees; to
prevent any person from taking any beverages outside of the restaurant Premises; and to insure
that all persons, excepting the staff and employees, have left the restaurant building and the
Premises and that there is no loitering of such persons in the immediate area surrounding the
Premises by the required closing time.
E. In the event the City determines that notwithstanding these commitments, the
security of the neighboring properties is endangered, the Owner and the Operator will provide
for private security.
4. The Operator has submitted plans to construct additional restroom facilities per
the approval of DOCS and until then and the appropriate zoning and other governmental
agencies and bodies approve, the occupancy of the restaurant building and of the three -season
patio is not to exceed the lesser of 40 persons per toilet or the standard set by the UDO, the
Indiana Board of Health or the Hamilton County Board of Health.
5. A water hose will be installed and used on a regular and continuous basis to clean
the outside of the Premises and the surrounding area. On not less than a daily basis following the
closing of the Premises, the Operator will be responsible for the collection of trash and debris in
the area surrounding the Premises.
6. The Owner and Operator will take all steps to establish the point of drop off and
pick up for all ride sharing services at the MidTown garage. Ride sharing vehicles arriving at the
Premises will be directed to the MidTown garage.
CARMEL BOARD OF ZONING APPEALS
DEVELOPMENT STANDARDS VARIANCE APPLICATION
FILING FEES: Single Family (Primary Residence) $359.00 for the first variance, plus $107.00 for each additional
section of the ordinance being varied. All Other $1,431.00 for the first variance, plus $674.00 for each
additional section of the ordinance being varied.
1) Applicant: Tomahawk Holding, LLC d/b/a The GOAT
Address: 220 2nd Street SW, Carmel, Indiana 46032
2) Project Name: The GOAT Phone: 317-339-7952
Engineer/Architect: Phone:
Attorney:-E. Davis Coots Phone: 317-844-4693
Contact Person: Kevin Paul Phone: 317-339-7952
Email: kp@dannyboybeerworks.com
ProjectDox Contact Person: Kevin Paul Phone: 317-339-7952
Email: kp@dannyboybeerworks.com
3) Applicant's Status: (Check the appropriate response)
7 (a) The applicant's name is on the deed to the property —1:1(b) The applicant is the contract
purchaser of the property. (c) Other:
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address: Phone:
5) Record of Ownership: Deed Book No./Instrument No. 2019059216
Page: Purchase date: November 22, 2019
6) Common address of the property involved: 220 2nd Street SW, Carmel, Indiana 46032
Legal Description: Frank Hawkins Addition, Lot #1
Tax Parcel ID No.:16-09-25-16-06-007.000
7) Explanation of requested Development Standards Variance: (State what you want to do and cite the
section number(s) of the Unified Development Ordinance that applies and/or creates the need for this
request.)
See attached List.
8) Reasons supporting why the BZA should grant the Development Standards Variance: (Additionally,
complete the attached question sheet entitled "Findings of Fact -Development Standards Variance").
See Findings for each Variance requested.
Page 1 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020
9) Zoning district classification of property: R-2
9a) Overlay Zone of property (if applicable): Old Town Overlay OT-OL
Size of lot/parcel in question: 1/2 Acre +/-
Present use of property: Restaurant and Bar
Describe proposed use of property: Restaurant and Bar
Is the property: Owner occupied W1 Renter occupied ❑ Other
ft.
Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this
property that would relate or affect its use for the specific purpose of this application? If yes, give date and
docket number, instrument no., decision rendered and pertinent explanation.
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Spring of 2021
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Owner/Petitioner
NOTE: Three modes of public notice are required.
LEGAL NOTICE shall be published in the NEWSPAPER according to the Chart on page 5
MANDATORY 20 days prior to the public hearing date. The certified "Proof of Publication" affidavit for the
newspaper must be available for inspection by the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice
are recommended:
1) FIRST CLASS MAIL with CERTIFICATE OF MAILING sent to adjoining property owners. (The white
receipt should be stamped by the Post Office at least 20 days prior to the public hearing date), OR
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and
abutting property owner acknowledging the 20 day prior notice should be kept for verification that the notice was
completed)
LEGAL NOTICE via a Notice of Public Hearing SIGN posted on the property is also required; see page 8.
THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
Applicant Signature:
Date: ( t - -Z.
The applicant certifies by signing this application that he/she has been advised that all representations of
the Dept. of Community Services are advisory only and that the applicant should rely on appropriate
Unified Development Ordinance standards and/or the legal advice of his/her attorney.
Page 2 of 12 Filename: development standards variance application & instructions 2020 Revised 1/2/2020
DULY ENTERED FOR TAXATIONi�/1�\
Subject to final acceptance for tra'nrst er
/1
40' " -7)7 %k4Z$Audnor of Hamilton County
Parcel #�U DR 2SIi, aL•ofYi '
Cif t\) I0iDT3 i
WHEN RECORDED RETURN TO: 'n
! i(e 2019052019 WARR12:0 DEED $25.00
Jennifer
32:07:40P 3 PGS
Jennifer Hayden
HAMILTON County Recorder IN
63 Z Recorded as Presented
LIMITED WARRANTY DEED
FOR AND IN CONSIDERATION OF THE SUM OF TEN AND NO1100 ($10.00)
DOLLARS, and other good and valuable consideration, receipt of all of which is hereby
acknowledged, MATT & RACHEL, LLC, an Indiana limited liability company, the GRANTOR
herein, does hereby convey and specially warrant to TOMAHAWK HOLDING LLC, an Indiana
limited liability company, the GRANTEE herein, all of Grantor's right, title and interest in and to
the following described real property situated in Hamilton County, Indiana:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO existing taxes, assessments, liens, encumbrances, covenants, conditions,
restrictions, rights of way and easements of record, all matters shown on the recorded plat for the
Property, and all matters that an accurate ALTA Survey of the Property would depict.
GRANTOR binds itself and its successors to warrant the title as to the interests of
GRANTOR only herein transferred and assigned to GRANTEE, as against matters creating defects
to title that arose during GRANTOR'S ownership of the Property by, through or under the
GRANTOR, but not otherwise, and subject to the matters set forth above.
GRANTOR swears and affirms their legal entity name registered with the Indiana
Secretary of State is Matt & Rachel, LLC, and is one and the same entity as Matt and Rachel, LLC
who acquired title to the land by Warranty Deed dated October 31, 2005 and recorded on February
7, 2006 as Instrument #200600006171 in Hamilton County, Indiana.
DATED this _I_]._ day of November, 2019.
"GRANTOR"
MATT & RACHEL, LLC,
an Indiana limited liability company
By:
Matthew P. Frey, Ma er
STATE OFINDIANA )
)as.
COUNTY OF HAMILTON )
This instrument was acknowledged before me this , 6E�day of November, 2019, by
Matthew P. Frey, the Manager of Matt & Rachel, LLC, an Indiana limited liability company, for
and on behalf of the company.
to
My commission expires:
Send tax statements to and Grantee' ailing a ress
is: �`d�� rnl /WI �-9 SQ .,l;
This instrument prepared by Eric J Neidlinger, Esq., Cohen Garelick & Glazier, P.C., 8888
Keystone Crossing, #800, Indianapolis, IN46240, 317-819-0510.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. Eric J. Neidlinger, Attorney at Law.
s
EXHIBIT A
The East Half of the following described real estate: Part of the East Half of the Southeast Quarter
of Section 25, Township 18 North, Range 3 East, beginning 560.44 feet South and 468 feet East
of the Northwest comer of said East Half; thence South 132 feet; West 132 feet; North 132 feet;
and East 132 feet to the place of beginning, being Lots I and 2in Frank M. Hawkins Addition to
the City of Cannel. ALSO a vacated alley 25 feet East of and adjacent to said property as set out
in Vacation of Public Way recorded April 22,1994 as Instrument Number 9419040, EXCEPT that
portion of the land conveyed to City of Carmel, Indiana in Warranty Deed recorded January 18,
2018 as Document No. 2018002345.
FINDINGS OF FACT — USE VARIANCE
CARMEL BOARD OF ZONING APPEALS
Docket No.: PZ-2020-00229 UV — UDO Sections 3.56 & 2.09
Petitioner: Tomahawk Holding, LLC d/b/a The GOAT
Permitted Uses, Use Variance requested for a Restaurant/Bar/Tavern.
1. The grant of this Variance will not be contrary to the public interest, due to the existence
of special conditions such that the enforcement of the Unified Development Ordinance will
result in unnecessary hardship because: Petitioner desires to continue to use the existing
structure as a restaurant/bar as the building has been used since 2006 as restaurant including
the sale of alcoholic beverages pursuant to its liquor license. The Petitioner intends to
improve the interior and exterior of the building per the submitted plans to make the
building compatible with the development of Carmel-MidTown and pursuant to the
requirements of the Old Town Overlay Zone — Sub Character Buildings. The property to
the Northeast and South is Zoned C-2 that would permit Petitioner's use and the current
and proposed improvements would be consistent with that contiguous zoning. The
property to the West was vacant when the initial Use Variance was granted for Petitioners
location in 2006 however has since had a structure built on the lot not being used as a
single-family residence. The additions and improvements to the building would be
consistent with its current use.
The Special Conditions that impose an unnecessary hardship are premised on the fact that
the existing structure has been used as a restaurant/bar since 2006. The Applicant desires
to improve the interior and exterior of the building and re -institute the previously granted
Use Variance for Petitioners expanded use. The surrounding properties are zoned
commercial/residential and have been developed for office use, bar/restaurant, multi-
family residential and retail under the Old Town Overlay Zone -Sub Character. Granting
the Use Variance will permit Petitioner to remodel and enhance the exterior appearance of
the building meeting the architectural standards of the Old Town Overlay Zone and be
more compatible with the re -development of the MidTown District.
2. The grant of this Variance will not be injurious to the public health, safety, morals and
general welfare of the community because: As outlined in Paragraph 1 the proposed Use
Variance would allow the continuation of the Use established for the building since 2006.
The requested Use Variance allows the Petitioner to remodel the interior and exterior of
the building consistent with the other commercial buildings that have been built in the area
since the original Use for Petitioners site occurred in 2006.
3. The use or value of the area adjacent to the subject property will not be substantially
affected in an adverse manner because: As stated in Paragraphs 1 and 2 above, the use and
value of properties adjacent to the subject real estate will not be adversely affected in value
because granting the variance will allow Petitioner to improve the interior and exterior of
the existing structure, provide an environment and setting consistent with the surrounding
zoning and uses and be complimentary and supportive of adjoining commercial and mixed
use multi -family residential uses.
4. The need for the variance arises from a natural condition peculiar to the subject property
because: The site has been used as a restaurant/bar since 2006 however, subsequent to its
initial use, the Old Town Overlay Zone has been adopted and provided for the expansion
of commercial/multi-family residential use surrounding Petitioners property. In an effort
to make Petitioners property consistent with the Old Town Overlay Zone uses, Petitioner
proposes to remodel the interior and exterior of the building pursuant to the submitted plans
to be consistent with other commercial buildings in the surrounding area.
5. The granting of this variance does not substantially interfere with the Carmel
Comprehensive Plan because: This property in the plan is designated to be re -zoned C-2
which would permit Petitioners existing use. The improvements to be performed on the
building meet the requirements of the Old Town Overlay Zone and will make the building
more compatible with the existing and surrounding mixed uses. Approval of the Use
Variance will permit Petitioner to perform improvements that enhance the area in general.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Use Variance
Docket No. PZ-2020-00229 UV — UDO Sections 3.56 & 2.09 is granted, subject to any conditions
stated in the minutes of this Board, which are incorporated herein by reference and made a part
hereof.
Adopted this day of January, 2021.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
FINDINGS OF FACT SHEET — DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.: PZ-2020-00230 V — UDO Section 3.64.A.1.0
Petitioner.: Tomahawk Holding, LLC d/b/a The GOAT
Lot Cover Maximum 70% allowed, 100% requested
1. The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: The lot size is approximately '/2 acre and the
existing structure on the lot covers approximately 1/3 of that area. Petitioners outdoor
venue is gravel that is deemed under the Ordinance to constitute lot coverage. The
balance of the area is landscaping and perimeter grass. The six parking spaces on site are
impermeable. All surface drainage is discharged to a public storm water system.
2. The use and value of the area adjacent to the property including in the variance will not
be affected in a substantially adverse manner because: The area to the West and North is
buffered an eight -foot fence plus the landscaping. The Monon Trail to the East and
Second Street SW to the South are buffered by landscaping. Adjacent properties to the
Southeast and North are zoned C-2 and use commercially and multi -family residential.
3. The strict application of the terns of the Unified Development Ordinance to the property
will result in practical difficulties in the use of the property because: The outdoor venue
and landscaping is adjacent to the Monon Trail and utilized for outdoor service and
entertainment. The lot itself is inadequate in size to accommodate the proposed uses.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development
Standards Variance Docket No. PZ-2020-00230 V — UDO Section 3.64.A.LC is granted,
subject to any conditions stated in the minutes of this Board, which are incorporated herein by
referenced and made a part hereof.
Adopted this day of January, 2021.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
FINDINGS OF FACT SHEET — DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.: PZ-2020-00233 V — UDO Sections 3.64.A.6 & 5.09
Petitioner.: Tomahawk Holding, LLC d/b/a The GOAT
Side/rear yard fence height exceeding 6 feet, 8 feet requested
The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: The requested fence height provides
additional buffer to the real estate to the North and West and in addition to the
landscaping placed adjacent to the fencing serves as a sound buffer/barrier.
2. The use and value of the area adjacent to the property including in the variance will not
be affected in a substantially adverse manner because: The addition of the 8 foot -fence is
landscaped and will provide separation/buffer to the property adjoining to the North
(Zoned C-2) and the property located to the West (Zoned R-1). The fence to the West
also serves to screen the refuse container on site.
The strict application of the terms of the Unified Development Ordinance to the property
will result in practical difficulties in the use of the property because: Screening and
buffering are desirable to provide separation from the adjoining properties but also
provide an enclosure for purposes of outdoor venue events.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development
Standards Variance Docket No. is granted, subject to PZ-2020-00233 V — UDO Sections
3.64.A.6 & 5.09 any conditions stated in the minutes of this Board, which are incorporated
herein by referenced and made a part hereof.
Adopted this day of January, 2021.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
FINDINGS OF FACT SHEET — DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.: PZ-2020-00234 V — UDO Section 3.64.A.9a
Petitioner.: Tomahawk Holding, LLC d/b/a The GOAT
Parking in front yard
The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: The site has two front yards abutting Monon
Parkway and 2"d Street SW. The parking is located along the South Lot Line of the
parcel inasmuch as no parking is available to the West or North. The parking is
immediately adjacent to 2°d Street SW.
The use and value of the area adjacent to the property including in the variance will not
be affected in a substantially adverse manner because: The parking is located away from
neighboring properties, accesses to directly 2"d Street SW and provides six on -site
parking spaces.
3. The strict application of the terms of the Unified Development Ordinance to the property
will result in practical difficulties in the use of the property because: There is no other
available space on the parcel to locate parking.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development
Standards Variance Docket No. is granted, subject to PZ-2020-00234 V — UDO Section
3.64.A.9a any conditions stated in the minutes of this Board, which are incorporated herein by
referenced and made a part hereof.
Adopted this day of January, 2021.
CHAIRPERSON, Cannel Board of Zoning Appeals
SECRETARY, Cannel Board of Zoning Appeals
Conditions of approval of the Board, if'any, are listed on the Letter of Grant.
FINDINGS OF FACT SHEET — DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.: PZ-2020-00235 V — UDO Section3.65A.3a
Petitioner.: Tomahawk Holding, LLC d/b/a The GOAT
Little to no grass and landscaping requested
The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: The outdoor event area is graveled instead
of lawn for durability purposes and weather variances. The property line along the East,
North and South side of the building is landscaped and will be augmented as
recommended by the Urban Forester.
2. The use and value of the area adjacent to the property including in the variance will not
be affected in a substantially adverse manner because: This corner lot is separated from
the adjoining properties to the North and West by a fence that is landscaped. The
property boundaries to the East and South abut public streets/Monon Trail. The East
boundary has a low -profile gated fence that is landscaped between the fence and the
Trail.
3. The strict application of the terms of the Unified Development Ordinance to the property
will result in practical difficulties in the use of the property because: The outdoor event
area, adjacent property buffering, fencing all preclude geographic area for lawn surface.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development
Standards Variance Docket No. is granted, subject to PZ-2020-00235 V — UDO
Section3.65A.3a any conditions stated in the minutes of this Board, which are incorporated
herein by referenced and made a part hereof.
Adopted this day of January, 2021.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
FINDINGS OF FACT SHEET — DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.: PZ-2020-00237 V — UDO Section 3.64.A.6
Petitioner.: Tomahawk Holding, LLC d/b/a The GOAT
Lighting type and height
The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: Lighting will only be on the building facade
facing East, North, and South and comply with fixture type and height.
2. The use and value of the area adjacent to the property including in the variance will not be
affected in a substantially adverse manner because: The lighting does not spill over the
property boundary is similar to or less than exterior lighting to the East and South and
because municipal street lighting exists along the East and South boundaries.
3. The strict application of the terms of the Unified Development Ordinance to the property
will result in practical difficulties in the use of the property because: The outdoor event
venue requires minimal lighting although the safety of outdoor patrons requires low level
illumination.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development
Standards Variance Docket No. is granted, subject to PZ-2020-00237 V — UDO Section
3.64.A.6 any conditions stated in the minutes of this Board, which are incorporated herein by
referenced and made a part hereof.
Adopted this day of January, 2021.
CHAIRPERSON, Cannel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
FINDINGS OF FACT SHEET — DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.: PZ-2020-00238 V — UDO Section 1.07.E&F
Petitioner.: Tomahawk Holding, LLC d/b/a The GOAT
Compliance with the Transportation Plan required, reduced right of way width and no sidewalk
requested
1. The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: The right of way width for Monon Parkway
was previously acquired by The City of Carmel with the construction of the Monon Trail
and Monon Parkway. A multi -purpose path exists between the Monon Parkway and the
East property boundary. The right of way for 2" d Street SW exists and no sidewalk exists
along the Southern boundary except the street sidewalk entering from 2°1 Street SW and
from the six parking spaces located immediately adjacent to the building on the South
side of the lot.
2. The use and value of the area adjacent to the property including in the variance will not
be affected in a substantially adverse manner because: Adjacent properties will not be
impacted in a negative manner because of the existence of the Monon Trail, Monon
Parkway and the multi -purpose path along the East boundary and because 2" d Street SW
accesses the Monon Trail from the South side of 2id Street SW.
3. The strict application of the terms of the Unified Development Ordinance to the property
will result in practical difficulties in the use of the property because: The right of way
has previously been acquired by The City of Carmel to the East for Monon Parkway and
the multi -purpose path. Right of Way to the South complies with the existing street right
of way.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development
Standards Variance Docket No. is granted, subject to PZ-2020-00238 V — UDO Section
1.07.E&F any conditions stated in the minutes of this Board, which are incorporated herein by
referenced and made a part hereof.
Adopted this day of January, 2021.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
FINDINGS OF FACT SHEET — DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.: PZ-2020-00240 V — UDO Sections 3.64.A.9.c & 5.30
Petitioner.: Tomahawk Holding, LLC d/b/a The GOAT
35 vehicle parking spaces required, 6 provided on site
1. The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: Public parking is available immediately to the
South, East and North and would eliminate unnecessary paving on the site were it available.
2. The use and value of the area adjacent to the property including in the variance will not be
affected in a substantially adverse manner because: Adequate public parking exists
adjacent to Petitioners parcel including public parking garages and street parking.
3. The strict application of the terms of the Unified Development Ordinance to the property
will result in practical difficulties in the use of the property because: The size of the parcel
precludes the location of unnecessary paved parking spaces on site.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development
Standards Variance Docket No. is granted, subject to PZ-2020-00240 V — UDO Sections
3.64.A.9.c & 5.30 any conditions stated in the minutes of this Board, which are incorporated
herein by referenced and made a part hereof.
Adopted this day of January, 2021.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
FINDINGS OF FACT SHEET — DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.: PZ-2020-00242 V — UDO Section 5.39.H.5
Petitioner.: Tomahawk Holding, LLC d/b/a The GOAT
Ground sign type prohibited on residential structure converted to commercial use, 2 proposed
1. The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: The property has two street frontages and
installation of ground signs versus wall signs along the East and South boundary add to
the identity of the Mid -Town area as well as the business conducted on site.
2. The use and value of the area adjacent to the property including in the variance will not
be affected in a substantially adverse manner because: The requested signage is ground -
level away from the property to the West and visible only to the Motion Parkway and 2Id
Street SW.
3. The strict application of the terms of the Unified Development Ordinance to the property
will result in practical difficulties in the use of the property because: Without adequate
sign identification of the business, and because it is located among various commercial
businesses, the absence of a ground sign on the South and East elevation negatively
impacts the success of the project.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development
Standards Variance Docket No. is granted, subject to PZ-2020-00242 V — UDO Section
5.39.H.5 any conditions stated in the minutes of this Board, which are incorporated herein by
referenced and made a part hereof.
Adopted this day of January, 2021.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
FINDINGS OF FACT SHEET — DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.: PZ-2020-00243 V — UDO Section 5.39.H.2
Petitioner.: Tomahawk Holding, LLC d/b/a The GOAT
4 signs requested, 2 allowed.
The approval of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because: The signs are sized within the Ordinance,
low level and designed to blend with the decor of the building and are consistent with
signage in the adjoining area of which many structures displayed blade signs or wall
signs at the second or third story level.
2. The use and value of the area adjacent to the property including in the variance will not
be affected in a substantially adverse manner because: The adjoining properties maintain
their own signage pursuant to UDO C-2 Ordinance Permissions and the proposed signs
will not appear different than surrounding signage.
The strict application of the terms of the Unified Development Ordinance to the property
will result in practical difficulties in the use of the property because: The requested
signage is reasonable to identify the location of the business facing the Monon Trail,
Motion Parkway and 2nd Street SW.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development
Standards Variance Docket No. PZ-2020-00243 V — UDO Section 5.39.H.2 is granted, subject
to any conditions stated in the minutes of this Board, which are incorporated herein by
referenced and made a part hereof.
Adopted this day of January, 2021.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
Docket No.:
Petitioner:
BALLOT SHEET for USE VARIANCE FINDINGS OF FACT
CARMEL BOARD OF ZONING APPEALS
(Petitioner to fill out first 2 blanks)
PZ-2020-00229 UV
Tomahawk Holding, LLC, d/b/a The GOAT
DATED THIS DAY OF , 20 —
Board Member
Page 10 of 12 Filename: use variance application & instructions 2021 Rev. 12/15/2020
BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks) r,
Docket No.: E � C)L °CII-1?1 %' r%
Petitioner: t -o(n jjC Id Inc, , L LC=
2.
3.
DATED THIS DAY OF 20
Board Member
Page 10 of 12 Filename: development standards variance application instructions 2020 Revised 1/2/2020
BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.:
Petitioner: I
2.
3.
DATED THIS
DAY OF 20
Board Member
Page 10 of 12 Filename: development standards variance application instructions 2020 Revised 1/2/2020
BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.: C -� r t J4 V ��„„ g
Petitioner: "i16Yt t(kJIle,(I f€{6LLC tJ�L. tt( 67
2.
3.
DATED THIS DAY OF .20
Board Member
Page 10 of 12 Filename: development standards variance application instructions 2020 Revised 1/2/2020
BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.: F ' C tt p -y �
Petitioner:
2.
3.
DATED THIS DAY OF
Board Member
20
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BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
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Docket No.:-J]� q 1 l0 J p
Petitioner: € C>r lkq- f
3.
DATED THIS DAY OF 20
Board Member
Page 10 of 12 Filename: development standards variance application instructions 2020 Revised 1/2/2020
BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.: �-" a 3 4°
Petitioner:
d / , l e
DATED THIS DAY OF 20
Board Member
Page 10 of 12 Filename: development standards variance application instructions 2020 Revised 1/2/2020
BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks) i
Docket No.: a Do t!
4c
Petitioner:
2.
3.
DATED THIS DAY OF
Board Member
20
Page 10 of 12 Filename: development standards variance application instructions 2020 Revised 1/2/2020
BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.: C
Petitionerf�1.¢�iE.i"tittf
2.
3.
DATED THIS DAY OF
Board Member
20
Page 10 of 12 Filename: development standards variance application instructions 2020 Revised 1/212020
BALLOT SHEET: FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.: _ "` l ¢p ��0 % 43
Petitioner: "%rtGr.t% t ti�i6nFX� �— [?t ��feL Cab
2.
3.
DATED THIS DAY OF 20
Board Member
Page 10 of 12 Filename: development standards variance application instructions 2020 Revised 112/2020