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CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
MONDAY, NOVEMBER 22, 2021
(UV) Helen Coffee Shop Walk Up Window.
The applicant seeks the following use variance approval:
1. Docket No. PZ-2021-00172 UV UDO Section 2.35 Permitted Uses, Use Variance
requested for Restaurant with Walk Up Window. The site is located at 211 W. Main St., at Monon
and Main - South. It is zoned C2/Mixed Use. Filed by Sandra Newkirk, owner.
General Info & Analysis: The Petitioner seeks use variance approval to install a Walk-Up window to go along
with their Restaurant Use. Restaurants with Walk Up/Drive Thru components are not permitted in the
C2/Mixed Use zoning district. The site is located on Main Street in Old Town, in the Monon and Main – South
building. Restaurants and businesses line this pedestrian-oriented section of Main Street. Please see the
Petitioner’s informational packet for more detail on the use variance request.
The Zoning Ordinance definition of Restaurant is as follows: An establishment which is primarily engaged in
serving food and beverages which are consumed on its premises by its customers seated at tables and/or
counters either inside or outside the building thereon, and, as an accessory use thereto, may be engaged in
providing customers with take-out service of food and beverages for off-site consumption. This includes a
delicatessen and a brewery or brew pub.
And, the Zoning Ordinance definition of Restaurant With Drive-Thru and/or Walk-Up Food Sales is as follows:
An establishment engaged primarily in the business of preparing food and purveying it on a self-serve or semi
self-serve basis. Customer orders and/or service may be by means of a walk-up counter or window designed to
accommodate automobile traffic. Consumption may be either on or off the premises.
The walk-up window will be located on the north façade of the tenant space. It will aid in serving patrons by
offering another way to pick up food that is safe and convenient. With the popularity of ordering food online
and via a phone app, the walk up window will aid in efficiency and convenience, as well as safety.
The location of the walk up window will not impede with clearance or activity on the Main Street sidewalk.
Planters will also be placed along the sidewalk area, along the window areas just outside the tenant space.
Finally, on a separate but related note, it has been brought to Planning Staff’s attention that outside
dining/seating (tables and chairs) is only allowed on the plaza East Side of the development or on the West Side
of the development, per an agreement made by the Developer and the CRC (Carmel Redevelopment
Commission). This information is being included in this Dept. Report, so it can be a part of the record.)
Technical Review: The Petitioner coordinated review with the Technical Advisory Committee (TAC)
members. There are close to 28 TAC members, representing city and county agencies, utility companies, etc.
Items reviewed for this project were land use, utilities, signage, architecture, lighting, life/safety issues, building
code compliance, and more.
Review Comments: The Petitioner addressed all planning/zoning review comments, and the Planning Dept.
supports the use variance request.
Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
The Dept. of Community Services (DOCS) recommends positive consideration of Docket No. PZ-2021-00172
UV, with adoption of the findings of fact submitted by the Petitioner.