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HomeMy WebLinkAboutDepartment Report 04-26-21 11 of 19 CARMEL BOARD OF ZONING APPEALS - REGULAR MEETING DEPARTMENT REPORT MONDAY, APRIL 26, 2021 (UV, DSV) The GOAT Restaurant and Tavern. The applicant seeks the following use variance and development standards variance approvals: 3. Docket No. PZ-2020-00229 UV UDO Sections 3.56 and 2.09 Permitted Uses, Use Variance requested for a Restaurant/Tavern/Bar. 4. Docket No. PZ-2020-00230 V UDO Section 3.64.A.1.C Lot Cover Max. 45% (for residential use) and 70% (for all other uses) allowed, 100% requested. 5. Docket No. PZ-2020-00233V UDO Sections 3.64.A.6 and 5.09 Side/rear yard fence height exceeding 6-ft, 8-ft requested. 6. Docket No. PZ-2020-00234 V UDO Section 3.64.A.9.a Parking in front yard not allowed, Parking in front yard requested. 7. Docket No. PZ-2020-00235 V UDO Section 3.65.A.3.a Little to no grass and landscaping requested. 8. Docket No. PZ-2020-00237 V UDO Section 3.64.A.6 Lighting Type & Height. 9. Docket No. PZ-2020-00238 V UDO Section 1.07.E & F Compliance with the Transportation Plan required, Reduced street width and no sidewalk requested. 10. Docket No. PZ-2020-00240 V UDO Sections 3.64.A.9.c & 5.30 35 vehicle parking spaces required, 6 provided on site. 11. Docket No. PZ-2020-00242 V UDO Section 5.39.H.5 Ground sign type prohibited on residential structures converted to commercial use, 2 proposed. 12. Docket No. PZ-2020-00243 V UDO Section 5.39.H.2 2 Signs allowed, 4 total requested. 13. WITHDRAWN: Docket No. PZ-2021-00023 V UDO Section 5.02.B.3 Max. 24’ x 30’ detached accessory structure allowed, 35’ x 42’ requested. The site is located at 220 2nd St. SW (former Bub’s Café site). It is zoned R2/Residence and Old Town Overlay, Character Subarea (Lot 1 in Frank E Hawkins Addition). Filed by Kevin Paul, on behalf of Tomahawk Holdings LLC. General Info & History: The Petitioner seeks use variance and development standards variance approvals to operate a Tavern and Restaurant business use out of a site that is zoned R2/Residential and Old Town Overlay, Character Subarea. The Carmel-Clay Historical Society is located north of the site (just rezoned from R2/Residence to C2/Mixed Use). The Monon Trail, Monon Boulevard, and Carmel Midtown area are located east and southeast of the site (these areas are zoned C2/Mixed Use and Midtown Carmel PUD/Planned Unit Development). The Railyard Apartments is located south of the site (zoned C2/Mixed Use), and single-family residential dwellings are located west and northwest of the site (zoned R2/Residence and Old Town Overlay, Character subarea). Please see the Petitioner’s informational packets for more detail on the use variance and development standards variance requests, which now includes proposed Commitments. Prior to this proposal the site was used as a breakfast/brunch establishment called Bub’s Café. The use variance approval had a condition that the use variance would cease when that business went away. Here is the Laserfiche weblink to the original Bub’s Café Use Variance and Variances file for Docket Nos. 07020017 UV (café use variance), 07020018 V (reduced number parking spaces), and 07020019 V (uncurbed parking). Since the Bub’s Café use ceased, the Monon Trail and Monon Blvd. improvements have occurred, and they are a new amenity to the area. Midtown Plaza and the buildings surrounding that area are also fairly recent. This is not what existed 5-10 years ago in the area. A lot has changed with the context of the neighborhood. However, as noted above, there are still single-family homes located in the area to the immediate west and northwest of 12 of 19 the subject site. In late 2020, the subject site was part of a C2 rezone petition, along with the Carmel Clay Historical Society site, under Plan Commission Docket No. PZ-2020-00177 Z: Midtown - Monon Boulevard C2 Rezone. However, that petition was amended in December 2020 to withdraw the GOAT site, and just leave the Carmel Clay Historical Security site to be rezoned. Instead, the GOAT site is now being heard as Use Variance and Variances requests in front of the Board of Zoning Appeals (BZA). Before the GOAT operation even showed up on the radar of the Department of Community Services this past summer, the owner received a 3-way liquor license approval from City Council in 2019. Commitments were made with City Council Ordinance D-2470-19 about the proposed use, and it was to be a full-service restaurant with 100+ patrons that was going to be called Smoke’n Barrel. (The Legal Dept. is looking into this.) The Code Enforcement Dept. has been piecing information and timelines together from various City Departments, since between late May 2020 through September of 2020. The Planning Dept. Staff presented information in early September to that Department about what the original BZA use variance approval entailed for Bub’s Café, and that that use variance approval ceased when that restaurant/café went away. Analysis: Site Plan: The parcel of land is approximately 75’ x 132’ and approximately 9,900 sq. ft in area (0.23 acres). There is no longer a proposed building addition to the existing structure and three seasons room (louvred pergola). The rest of the land will be gravel, for outdoor seating. The site has an 8-ft tall privacy fence along the north and west property lines, and an exit-only gate with magnetic lock and shorter fence is proposed along the south and east property lines. Tall shrubs are also proposed around the perimeter of the site, to help with screening and buffering. Six perpendicular parking spaces are located along the south side of the building. Bike parking is also located near the main building door entrance. Floor Area: The Petitioner proposes to operate a Tavern and Restaurant. The square footage of the existing building is 1,140 sq. ft. The existing 3 seasons room is 739 sq ft. There is no longer a proposed tiki house addition nor outdoor covered patio area. Occupancy: The maximum allowed occupancy of the site is based largely on the building code requirement for number of persons allowed per toilet. Currently, there are two 2 bathrooms/toilets total. Regarding maximum occupancy vs. restroom capacity, the ratio required by the building code is one water closet per 40 males and one per 40 females. Outdoor seating has to be calculated and included, per section 2902.1 of the IBC. The site occupancy proposed as of April 21, 2021 is 80 patrons, plus (6-8) employees. Architecture/Design: The existing building will not change. There is potential for 2 bathrooms to be added as a small north building addition, but that is all, and that is only if Commitments are adopted, too, allowing that to occur. Lighting: Security lighting and wall sconces are proposed, with perhaps some string lights. An additional light was installed out front, by the trash dumpster, where there was a dark area, and it is on a motion sensor. Landscaping: The site will be mostly gravel. The perimeter of the site will have tall shrubs, and the front portion of the site will have some landscaping near the front door. The Petitioner needs to comply with what the City Forester 13 of 19 Daren Mindham requires, as well as installing tall shrubs to help with noise absorption and screening. The Urban Forester has stamped/approved a revised overall landscape plan. Signage: Only two signs are permitted for this site because it has two street frontages, 2nd St. SW and Monon Blvd. There are currently four signs present at this location, and that needs BZA variance approval. There is a small east-facing wall sign on the enclosed entrance. There is a south-facing wall sign that is 3’ tall x 5’ wide. And, there are two signs on the handrails/fencing (east and south). Per Section 5.39.D.10 of the UDO, signage is not permitted on fences. The two signs on the handrails will need to be removed or installed at a different location, if a BZA variance is not granted. Sign permits are still needed. The Petitioner will finalize sign permits after the BZA hearing/vote. There is a signage packet he submitted to the Dept. for review. Vehicle Parking: The typical required parking ratios for a ‘Tavern or night club’ land use is 1 space per 100 sq. ft. of floor area. And, the typical required parking ratios for a “Restaurant without Drive-Thru Food sales” land use is 1 space per every 2.5 patron seats, plus one space per employee per largest shift. (Outdoor seating areas do not count towards parking ratios). Furthermore, after those total numbers are calculated, the Old Town Overlay District regulations allow for a 50% reduction of the required parking space total. (Approximately 16 vehicle parking spaces are required (for a capacity of 80 people), and only 6 are provided on site. (One ADA parking space has been provided, but a striped access aisle still needs to be added in.) However, there are several free public parking garages within 750 feet of the site. (For reference, a 5-minute walk is ¼ mile, or 1,320 feet.) There are not any reserved GOAT-patron parking spaces in any of the nearby parking garages. And, there are not any private parking agreements. Those parking garages are open to the public, for free parking. On a related note, the City worked with Uber to create a pickup/drop-off area at Midtown plaza for the overall Midtown Area. That set location is located on Elm Street, east of the Midtown Plaza. There was also a citizen suggestion that the City should consider making the small residential street segment between 1st/2nd Street SW & 3rd/4th Ave SW for residential permit parking only. (Planning Staff will investigate this.) Bicycle/Pedestrian aspects: Two bike racks (4 bike parking spaces) are required, and the Petitioner now shows those on the site plan, near the front door (within 50 feet). The bike racks will be permanent black/galvanized pipe that will fit the theme/style of the structure and accents. The Petitioner has installed bike racks. Sidewalk connections connect the site to/from both streets, and there is also a crosswalk connection to the Monon Trail. Trash: The existing trash dumpster is located at the southwest corner of the site, next to the building. It is enclosed with an 8-ft tall privacy fence and metal doors. The dumpster is accessed from 2nd Street SW. Noise: The Petitioner proposes to comply with the Noise Ordinance and not exceed 50/55 decibels, depending on the time of day. For reference, 50dB of noise can be likened to a quiet office, average home, moderate rainfall, dishwasher in the next room, or midsize window air conditioner. Noise Ordinance Amendment, Ordinance D- 2554-20, was adopted by City Council on February 1, 2021, as amended. Noise from outdoor patrons and music, after hours noise, noise from patrons walking back to their cars or walking home, etc. are valid concerns. Hours of Operation: 14 of 19 Current existing commitments (which expire on April 30) restrict closing hours to 11:00pm on weekdays and 12:00am on weekends. Existing commitments in place also state that the Sandlot area will close at 11:00 pm daily. For one of the proposed commitments, the Petitioner proposes the restaurant/tavern to be open until 11:00 PM Sunday – Thursday and 12:30 AM Friday, Saturday, and Legal Holidays. However, after 10:00 PM all activity on the site will be confined to indoors-only. For reference, the hours of operation of immediate surrounding restaurants/bars are as follows: Fork & Ale House (open until 1:00am), Sun King Distillery (open until 10pm), Union Brewing (open until 11pm), 3UP Rooftop Bar (open until 12am). Late night bars located in Carmel proper are as follows: Nippers, Bar Louie, and Brockway Pub (open until 1:00am), and Old Town Tavern and Jimmy B’s (open until 3:00am). Site Engineering: The Engineering Dept. reviewed the site for stormwater management and quality requirements. Since on site stormwater detention cannot be provided, the Petitioner is required to pay the $6,000 stormwater fee (this has been done). This money goes towards stormwater detention projects within the immediate area, such as the green infrastructure within the Monon Boulevard and the permeable paver alleys in Old Town. The parking spaces will remain perpendicular and won’t convert to parallel. It is not anticipated that the City Engineer will need additional street right of way. The City Engineer is comfortable with what exists for the street design and layout, and the street infrastructure that is there now was constructed by the City as part of the Monon Blvd. project and street right of way acquisition project. The dumpster location/enclosure was one of the key drivers of the design at the time. Variances – Needed Now vs. Later: 3. Docket No. PZ-2020-00229 UV UDO Sections 3.56 and 2.09 Permitted Uses, Use Variance requested for a Restaurant/Tavern/Bar. (This use variance is needed now; the land use is not permitted today.) 4. Docket No. PZ-2020-00230 V UDO Section 3.64.A.1.C Lot Cover Max. 45% (for residential use) and 70% (for all other uses) allowed, 100% requested. (This variance is needed now; current gravel area counts towards lot coverage, which is approximately 90% lot cover today.) 5. Docket No. PZ-2020-00233V UDO Sections 3.64.A.6 and 5.09 Side/rear yard fence height exceeding 6-ft, 8-ft requested. (This variance is needed now; existing fence is too tall.) 6. Docket No. PZ-2020-00234 V UDO Section 3.64.A.9.a Parking in front yard not allowed, Parking in front yard requested. (This variance is needed now; current parking exists on site and was installed by the City several years ag as part of a street improvement project.) 7. Docket No. PZ-2020-00235 V UDO Section 3.65.A.3.a Little to no grass and landscaping requested. (This variance is needed now; the site has approximately 90% lot cover, with hard surfaces, gravel, and building footprint. The ordinance requires that lots shall be landscaped and maintained with trees, shrubs, ground cover, flowers, and grass.) 8. Docket No. PZ-2020-00237 V UDO Section 3.64.A.6 Lighting Type & Height. (The Petitioner states this variance is not needed; it may be Withdrawn.) 9. Docket No. PZ-2020-00238 V UDO Section 1.07.E & F Compliance with the Transportation Plan required, Reduced street width and no sidewalk requested. (This variance is needed now; current layout exists on site and was installed by the City several years ago as part of a street project.) 10. Docket No. PZ-2020-00240 V UDO Sections 3.64.A.9.c & 5.30 35 vehicle parking spaces required, 6 provided on site. (This variance is needed now; even with a proposed cap of 80 people, 16 parking spaces are still required.) 15 of 19 11. Docket No. PZ-2020-00242 V UDO Section 5.39.H.5 Ground sign type prohibited on residential structures converted to commercial use, 2 proposed. (This variance is needed now; signage exists today.) 12. Docket No. PZ-2020-00243 V UDO Section 5.39.H.2 2 Signs allowed, 4 total requested. (This variance is needed now; signage exists today.) 13. WITHDRAWN: Docket No. PZ-2021-00023 V UDO Section 5.02.B.3 Max. 24’ x 30’ detached accessory structure allowed, 35’ x 42’ requested. (This variance is no longer needed, since they might do a building addition in the future, but not a detached structure. The Petitioner has withdrawn this variance.) Feb. 22 BZA Meeting Recap: • With 2 bathrooms, only a 80 people max., including staff, means 72 people and 6-8 workers • Are additional restrooms needed for success of this business? • The BZA wants no expansion at this time - keep small • Abby Taphouse proposal had similar concerns • Liquor license concerns • Maximum 50 decibels in City Code noise regulations, prohibits amplified sound in areas • No trust • No trash pickup or hose installation • Opening up a ‘can of worms’ • Keep at 80 people for one year, and utilize the December 2020 commitments • Bouncer from 9:00 PM to close • Adjacent neighbor, Cohens - is it a business or a home occupation? • Concern about private events and catering • Permits for prior remodel? • Approve for 90 days? That might not be enough time. • Existing use versus the proposed expanded use • Summary of public comments, for and against, were provided • Change the commitments to be enforced by the City of Carmel instead of just DOCS • Too many open-ended questions • So many open-ended issues, Petitioner needs to work things out with Planning Staff • After much discussion, the items were tabled for 30 days, to be heard at the March 22 BZA meeting. (The item was then tabled to the April 26 meeting.) Commitments: Summary of Existing Commitments signed on 12/2020 (to expire on April 30, 2021): 1. Restrict hours to 11:00pm on weekdays and 12:00am on weekends. Facility completely closed at that time. 2. Follow the new noise ordinance at maximum 50 dB (decibels). 3. Do not allow entrance from the Monon to the Sandlot. One entry/exit at the front door, with emergency only Monon exit. 4. Close firepit and the entire Sandlot outdoor area and do not allow entry. Until there is a variance or rezone & ADLS approval, sandlot closed during operation. If a variance (is granted), sandlot to close nightly at 11pm. 5. No live music. 6. Full time bouncer at front door (only door) must restrict any drinks from leaving the premises, must card all patrons, must clear the building at closing. 7. Limit indoor capacity to 46 patrons inside and 43 on 3 seasons porch (89 people total). 8. Build new restroom facility that could (per DOCS input) be on Monon side of sandlot that would provide a sound and visual barrier. 16 of 19 9. Must install a hose to clean surrounding area and be responsible for all trash and receptacles in 3 block surrounding area. (to be defined by map) 10. Continue to provide security for perimeter 11. Promote and support Uber pickup in the Midtown garage instead of on the neighborhood streets. Bouncer does not allow pickup. Summary of Petitioner’s Proposed Commitments (City-modified set from 3-10-21): 1. The Use Variance approval would be for a sixth month period commencing the date approved by the BZA. If during the sixth month period, The GOAT meets the accompanying commitments, the BZA will evaluate whether to grant a permanent Use Variance. 2. During the Use Variance period, capacity would be limited to 80 patrons plus employees. 3. The Applicant would close its hours of operation at 11:00 p.m. (Sunday through Thursday; 12:30 a.m. Friday, Saturday and legal holidays). 4. Exterior noise at the property line would be in compliance with the City’s Noise Ordinance. 5. Live music would be subject to the City Noise Ordinance and any outdoor music would end at 10 p.m. daily. 6. The Applicant will employ and station a bouncer at the front door beginning at 7:00 p.m. Thursday through Saturdays and legal holidays, and on Sundays through Wednesdays as needed. 7. The Applicant will be able to use all of the premises until 10:00 p.m. every night (subject to the 80-patron limit), and after 10:00 p.m. activity will be confined indoors only. 8. In the event the Applicant exceeds the capacity restrictions, the Applicant will be subject to the same fine schedule as a violation of the City noise ordinance (Carmel City Code § 6-158(e)). 9. The Applicant can modify the existing site plan only to accommodate restroom addition and landscaping. 10. Patrons can only enter and exit through the front door (bouncer controlled) and access from the sand lot is gate controlled and serves as an emergency exit only as required by the Fire Marshall. 11. The Applicant has installed a hose to clean the outdoor area and will be responsible for all trash within the immediate area surrounding the Applicant’s place of business. 12. The Applicant will promote and support Uber/Lyft pickup in the (Midtown) Public Parking Garage instead of on neighborhood streets. In the event that the Applicant fails to comply or perform any of the enumerated commitments and such failure is not cured immediately upon notice from the Carmel Department of Community Services (“DOCS”) but in no case later than 24 hours following receipt of such Notice from DOCS, then all operations on the premises will cease immediately and will not resume unless and until the Applicant has obtained the approval of the City of Carmel through its DOCS and of the Board of Zoning Appeals which approval will be in the absolute discretion of the director of DOCS and the Board of Zoning Appeals and upon such conditions as may be imposed in their sole and absolute discretion. In the event that the occupancy limit is exceeded on more than one occasion, there will be no cure period and all operations on the premises will cease immediately upon notice from DOCS. It is further understood and agreed, that in the enforcement of these commitments, the City of Carmel through DOCS may seek injunctive relief from the courts in Hamilton County and both Owner Operator, agree to such relief and will not object to same. Further, because of the difficulty in determining the full extent of the damages that the City may suffer in the event that the Owner or Operator violates any of the commitments set forth above, the City of Carmel through DOCS shall be entitled to receive liquidated damages in the amount of Five Thousand Dollars ($5,000)upon each violation, which is acknowledged and agreed as a reasonable estimate of damages and not a penalty. (As of 4/21/21, the Petitioner decided to present the City-proposed commitments from 03-10-21 to the BZA, rather than their 04-16-21 version.) Old Town Overlay District: The subject site lies in the Old Town Overlay District, adjacent to the Carmel Midtown Area. It is the purpose of the Old Town Overlay District to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties in the designated Old 17 of 19 Town Overlay District. The Plan Commission and Common Council, in establishing the Old Town Overlay District, are relying on Indiana Code 36-7-4-600 et seq. and IC 36-7-4-1400 et seq. The Old Town Overlay District establishes regulations in addition to the base/underlying zoning district. In the case of conflicts between this Old Town Overlay District and the base zoning district, the provisions of the overlay will prevail. The Old Town Overlay District is an important historical commercial and residential area to the City of Carmel. In order to protect this important area, the Old Town Overlay District was developed to provide for consistent and coordinated treatment of the properties in Old Town by establishing basic standards for structures, landscaping, and other improvements. Further, the Old Town Overlay District seeks to: • Foster rehabilitation and development in Old Town • Increase property values in Old Town • Protect real estate investment in Old Town • Retain Old Town neighborhood vitality • Spur commercial activity in Old Town, and • Attract new businesses to Old Town Within the Old Town Overlay District there are different parts and characteristics, therefore, the overlay district is divided into three Sub-Areas: a Character Sub-Area, a Historic Range Line Road Sub-Area, and Main Street Sub-Area. Separate guidelines apply to each Sub-Area. The Character Sub-Areas consist of the bulk of the residential areas in the Old Town Overlay District, both east and west of Range Line Road, and both residential and commercial properties facing Range Line Road in the north end of the District. There are many different styles of architecture in this area; however, the consistency and character of the neighborhood is worth protecting. The intent of these regulations is to preserve the character of the neighborhood by preserving certain buildings and siting characteristics. Carmel Midtown Area: The Carmel Midtown area serves as a link between Carmel City Center and Carmel Old Town (Arts & Design District). The Monon Trail runs through the districts. Midtown Plaza is a new revitalization of Carmel’s old industrial area. It is a mixed use area located in the heart of a center of entertainment, urban-style living, and commerce. Midtown brings its own unique urban atmosphere, distinct from its adjacent districts, serving as a connection between the Arts & Design District and City Center. North of Midtown is the Arts & Design District (Old Town) with more than 200 businesses. To the south, we have City Center, The Hotel Carmichael, The Palladium, and Center for the Performing Arts. The Midtown Plaza area includes neighborhood green spaces, community tables and benches, shade structures and big screen entertainment including movies and live sporting events. Midtown Boulevard also serves as an interactive play area for kids of all ages, featuring a spray plaza, public art, ping-pong tables, bocce ball courts, and corn hole. Midtown Plaza is nestled among several major employers, small businesses, and residential developments including the corporate headquarters of Allied Solutions, MJ Insurance, F.C. Tucker, and Merchants Bank. Midtown also includes Sun King Spirits, Fork + Ale House, the Carmel Redevelopment Commission, Serendipity Labs, and multi-use developments from Barrett & Stokely and J.C. Hart. Comprehensive Plan: The Comprehensive Plan is a guide for growth for the City. The Comp Plan calls for central Carmel to be an Area for Special Study, and this use variance public hearing accomplishes that aspect of the Comp Plan, for this specific subject site. It is important to note that the Comp Plan contains an Appropriate Adjacent Land Classifications Table, which shows the Best fit vs. Conditional Fit land uses. “B” stands for Best Fit and “C” stands for Conditional Fit, meaning it is appropriate when the more intense development is installed with sensitivity to the adjacent land 18 of 19 classification. A restaurant/tavern can be placed next to residential uses when installed with sensitivity. The area of the Monon Trail in Midtown Carmel is slated for more mixed used developments that contain multi- story buildings. This restaurant/tavern use can be good transition to the single-family homes located to the west of the site, if implemented appropriately. Technical Review: The proposal was emailed to the Technical Advisory Committee (TAC) members on 12/15/2020. 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, landscaping, active transportation, lighting, life/safety issues, building code compliance, and more. Remaining Planning/Zoning Review Comments: a. Building Permits: Required permits that still need to be finalized and issued through the Building & Code Services Dept. are remodel permit B-2020-00475 with a final Certificate of Occupancy still needed. (The Petitioner’s business is open via a partial/temporary Certificate of Occupancy (CO). The final CO is being held up until the Petitioner gets all PC/BZA approvals. Petitioner’s Response: I believe all permits are filed (and are pending). This will be completed after the BZA hearing/vote. b. Light by Trash Dumpster: The Petitioner installed a certain light fixture before we could relay to him what we wanted to see go in at that specific location. However, the light fixture he installed is adjustable, so if the point source light can be seen from the street or from the Cohens, it can be tilted down and fixed if needed. Petitioner’s Response: This is a motion sensor and has been repositioned. We are trying to find the best set up so that it functions as a deterrent, and not a nuisance to the neighbors’ drive. c. Sign Permits: Sign permits are still needed and required for the existing signs that were erected without approvals. Petitioner’s Response: These have been submitted. The Dept. is waiting on the hearing outcome before these are to be issued. d. Fence Gap: Regarding the gap between the sandlot’s gate and the railing, this needs to be closed with a fence or with more railing. Petitioner’s 4-16-21 response: The contractor has ordered additional fencing and is to install ASAP. e. ADA Parking Space: The accessible parking space needs to have an access aisle adjacent to it. Petitioner’s 4-16-21 response: The access is a new request and has been given to parties to review. A few options have been proposed. Planning Staff’s Closing Comments: Planning Staff’s biggest concern was the proposed intensity of the use and how it can be installed with sensitivity next to the adjacent residential properties, especially adjacent to the single family dwellings, townhomes, and apartments, to help eliminate or mitigate nuisances (such as trespassers, noise, trash, etc.), to provide adequate buffers, and more. The Commitments, if adopted, will help address concerns. Overall, the Planning Department is not opposed to the variances requested, especially if the Petitioner is going to agree to the temporary approval, the revised Commitments, as well as work with the Technical Advisory Committee (TAC) members. With variances, a Petitioner needs to prove practical difficulties or hardships with each variance request and also bring a well thought out package/proposal. The Findings of Facts will also need to be met. Given the challenges this new business had over the summer and fall last year, the Petitioner needs to show a good track record and also show that he is being a good neighbor. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. 19 of 19 Recommendation: After all comments and concerns are addressed, the Dept. of Community Services (DOCS) recommends positive consideration of Docket Nos. PZ-2020-00229 UV, PZ-2020-00230 V, PZ-2020-00233V, PZ-2020- 00234 V, PZ-2020-00235 V, PZ-2020-00238 V, PZ-2020-00240 V, PZ-2020-00242 V, and PZ-2020-00243 V with the following conditions: 1.) that the petition is approved for a time limit of 6 months (where the Petitioner will need to hold a new public hearing, at the October 25 BZA meeting), and 2.) that the proposed 3/12/21 commitments are executed/signed, where a copy of the Recorded commitments are provided to the Planning Dept. within 30 days of this public hearing meeting by the Petitioner. (Docket No. PZ-2021-00023 V, variance request for detached accessory structure size was withdrawn, as it is no longer is needed. And, Docket No. PZ-2020-00237 V, variance request for Lighting Type & Height may be withdrawn, as the Petitioner states it is not needed.)