HomeMy WebLinkAboutIntroduction Letter to BZA Members, 5.28.21ATTORNEY AT LAW
WILLIAM T. NIEMIER
21 EAST MAIN STREET, BOX 441
NEW PALESTINE, IN 46163
TELEPHONE: (317) 459-3878
E-Mail: niemier@sbcglobal.net
May 28, 2021
Carmel Board of Zoning Appeals
Carmel City Hall
1 Civic Square, Yd Floor
Carmel, IN 46032
RE: Docket Numbers: PZ-2101-0100 V, PL-2101-0105 V and PL-2101-0106 V
Petitioner: Don Rigo Properties, LLC by William T. Niemier, its Attorney
Property Address: 7299 East 1461i Street, Carmel, IN 46033
State Parcel Number: 29-10-23-000-001.903-018
Local Parcel Number 17-10-23-00-00-001.903
Property Zoning Classification: Legacy PUD (Planned Unit Development per Z-501-07)
Request for Three Variances of Development Standards
Dear Members of the Carmel Board of Zoning Appeals:
I represent Don Rigo Properties, LLC, the owner of the above described real estate. My client
currently owns and operates twelve other restaurants and it desires to construct and operate an up-
scale Mexican family style restaurant at this location, which would be its thirteenth restaurant. As
part of the design and permit process, both I and my client's General Contractor, Versatile
Construction Group, LLC, have been in close communication with members of the Carmel
Planning and Zoning Department. This project has been successfully submitted to the Technical
Advisory Committee. Through this review and comment process, the following three variances of
the existing PUD and/or Unified Development Ordinance have been identified:
1. PZ-2101-0100 V: Three wall signs are requested and only two are allowed under Section 5.39.H.2.6
of the Unified Development Ordinance and PUD Section 16.
2. PZ-2101-0105 V: A 30 foot building setback is requested along Hopewell Parkway and a 15 foot
setback is required under Section 5.19 of the Unified Development Ordinance and
PUD Section 10.
3. PZ-2101-0106 V: 70 parking
spaces are requested and 70 parking
spaces are required render Section
5.28 of the
Unified
Development Ordinance.
Granting each of these three requested variances will not be injurious to the public health, safety,
morals and general welfare of the community because the proposed development of the subject property is
consistent withsimilar uses in the surrounding area. Adjacent properties will not be affected in a
substantially adverse manner because the proposed development of the subject property will actually benefit
Carmel Board of Zoning Appeals
May 28, 2021
Page 2
adjoining properties by attracting more business and customers to the area and the drive lanes and building
setback have been aligned with the adjoining property for consistency. Strict application of the Unified
Development Ordinance would result in an unnecessary hardship, not made by Petitioner, in the
development of the subject property for the following three reasons: 1) a building wall sign is required
above the main entrance to the restaurant. The main entrance is not on the two walls facing the drive lanes
or roadways and therefore a third wall sign is needed; 2) there is currently a 30' utility easement along
Hopewell Parkway and the proposed building cannot be located in this utility easement area; and 3) aligning
our drive lanes with the existing drive lanes on the adjoining property decreased the number of available
parking spaces on the subject property.
Together with my application, I have submitted color renderings of the building elevations showing
the high design standards and quality construction materials that are proposed for this project. My client is
very excited about this location and believes it will be a successful addition to its chain of restaurants. We
request your approval of these three requested variances so that construction of this new business can
commence as soon as possible. Thank you for your consideration.
Very truly,
William T. Niemier
Counsel for Don Rigo Properties, U