HomeMy WebLinkAboutFindings of Fact_Signed 05-12-21 FINDINGS OF FACT- USE VARIANCE
CARMEL BOARD OF ZONING APPEALS
Hearing Date: April 26, 2021
Docket No.: PZ-2020-00229 UV
Petitioner: Tomahawk Holding LLC
1. The grant of this variance will be contrary to the public interest and is not due to the existence of a special
condition or conditions such that enforcement of the Unified Development Ordinance will result in unnecessary
hardship because the property is located in a residential district and can be used for the permitted uses allowed
in the R-2 Residential zoning district and the Old Town Overlay District under the Unified Development
Ordinance for medium density single-family residential development.
2. The grant of this variance will be injurious to the public health, safety, morals and general welfare of the
community because (a) the building with the proposed use as a bar and restaurant, with service and operations
extending to as late as 3:00 A.M., is located immediately adjacent to single-family and multi-family residential
development area and is in a residential zoning district that does not allow for the proposed use; and (b) the
current restroom facilities consisting of two toilets (although within the State requirements for a restricted
number of patrons and employees) and the number of patrons have resulted in trespass onto adjacent
properties unless monitored by designated employees. Commitments that would be necessary to allow for the
proposed use of the property in this residential area may require continuous monitoring by the Department of
Community Services and/or the Code Enforcement Division.
3. Without significant and impactful commitments governing the number of patrons, hours of operation, noise and
staffing, the use and value of the area adjacent to the property will be substantially affected in an adverse
manner. Any such commitments may require continuous monitoring by the Department of Community Services
and its Code Enforcement Division to reduce the likelihood of significant negative effects on the adjacent area.
In the four months that the petitioner operated the bar and restaurant prior to the hearing before the Board of
Zoning Appeals, there were ongoing violations of the temporary commitments agreed upon by the petitioner, the
Board of Zoning Appeals and the Department of Community Services to allow the petitioner to operate pending
approval by the Board of Zoning Appeals.
4. There is no natural condition peculiar to the subject property that creates a need for the variance. It is how the
proposed use is to be conducted on the property given the current zoning of the property and the existing
residential development adjacent to the subject property that require a variance.
5. While the granting of this variance would not substantially interfere with the Carmel Comprehensive Plan, the
proposed use will require significant and impactful commitments together with monitoring that is not appropriate
or reasonable. This determination requires that this Board deviate in this instance from the advisory provisions of
the Comprehensive Plan.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Use Variance Docket No.
PZ-2020-00229 UV is denied.
Adopted as of the 26th day of April, 2021.
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CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETA , Carmel Board of Zoning Appeals