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HomeMy WebLinkAboutDepartment Report 03-27-23 17 of 19 CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING DEPARTMENT REPORT MONDAY, MARCH 27, 2023 (V) DavAni BBQ Food Truck Variances. The applicant seeks the following development standards variance approvals: 1. Docket No. PZ-2023-00031 V UDO section 5.66.D - Food stands shall be removed from the premises when not in operation, request to keep on-site overnight. 2. Docket No. PZ-2023-00037 V UDO section 5.66.H. - Customer seating areas associated with food stands shall be prohibited, customer seating areas requested. The site is located at 105 W. Carmel Dr. It is zoned I1/Industrial and Rangeline Rd. Overlay Zone. Filed by Andrew Wert of Church Church Hittle & Antrum, on behalf of Armen Abrahamyan, food truck owner. General Info: • A food stand use is permitted in the I1/Industrial zoning district and is not prohibited by the Rangeline Road Overlay District. • The Petitioner seeks two variance approvals: to have an Armenian BBQ food stand stay overnight on the premises (and not be removed every night and stored at another location), and to have customer seating areas (which are prohibited). • The site is located at the General Shale Brick site. Surrounding uses are a stormwater detention pond & Proscenium mixed use development to the north, indoor storage warehouse uses to the west and south, and Crew Carwash to the east. • UDO Sections 5.66 and 5.39 list requirements for a Food Stand and for Temporary Sign Standards. These were reviewed against the Petitioner’s temporary use permit application. • The food stand will be 70 sq. ft. in area: 10’ x 7’. It is red, with black trim. It will sit behind a brick screen wall that is around 4 feet tall, which runs along Carmel Drive. • The outdoor dining area will be located to the west of the existing building on the site, and it will be around 1,176 sq. ft in area. It will be limited to the hours of 11:00am to 7:30pm Tuesday through Saturday. • A food stand is allowed to have one sign that is at most 32 sq. ft. in area. A 12 sq. ft. sign is proposed at 4’ tall and 3’ wide. (The signage will not be illuminated.) Additional, smaller signs are proposed on the food truck, but those are not allowed and should be removed. (Window signs can be utilized and can be considered exempt signage as long as the window signage does not exceed 30% of the window areas.) • The existing 3.6-acre site can accommodate many cars. The parking area is located behind a 3-4 foot tall brick screen wall that runs along Carmel Drive. The food stand will occupy around 2-3 parking spaces. • This temporary structure will not encroach into the street right of way – it is located behind a brick screen wall that runs along Carmel Drive. • Please see the Petitioner’s info packet for more detail on the variance requests. History: • The food stand already has temporary use permit approval (approved with conditions), and that approval is good for 1 year and expires in Sept. 2023. Temporary use permit B-2022-01213 was issued in September 2022 with the following conditions: 1. The existing commercial building will not be used for this operation, 2. The structure will need to be moved from the site every night, and 3. There is no outdoor seating permitted. (The owner has disregarded condition #2.) • Temporary sign permit S-2022-00272 was approved for a single two-faced sign, which is now mounted to the north end of the trailer, facing east/west. The sign is not allowed to be lighted. The rest of the smaller signage is unpermitted and not allowed for a temporary structure. They need to be removed. 18 of 19 • Carmel Code Enforcement Dept. Recap: o In the fall of 22’ we were made aware that an applicant was going to come in and discuss the potential food truck with various departments. o At some point he gained permission from the landowner, and went through Carmel Utilities to locate water, had some minor electrical work done for power, and we checked all that. He also acquired the required Health Department Permits. o Internally, some staff noted in November ‘22 that he was not moving the food truck to the rear of the property at night (so it would be unseen during non-operational hours) and that not doing so would potentially require a variance. o On 11/10/22 I met with the food truck owner; he was cooperative and stated that he had some plans to file for a variance and that he wanted to possibly take advantage of some other areas close to the food truck for seating, and he was working on that plan. o On 11/17/22 I communicated that we had more conversations and that he intended to apply for a variance. o Around that time we also asked him to remove a sign that wasn’t originally planned for. He also came over for a brief meeting where we printed off information on the variance process and he left indicating he would be filing. o On 12/12/22 I called him to explain that he missed the filing deadline, and to see if he still intended to file for one. He was cooperative but didn’t have his work completed or ready to file. o In mid-January of 2023, we received a complaint from a business owner that thought it was unfair that he had to gain a variance to keep his trailer overnight and that this person should have to, as well. We explained to the caller that we were requiring this and apologized that it had not been completed yet. o Three weeks later we received notification that an Attorney with CCHA would in fact be filing for a variance and that they believed they would file by the March 10 deadline, for the April 24 BZA meeting. o I have had no complaints from any customers, neighboring property owners, or other City Departments. Other than his slower than expected application, the owner has been cordial and respectful in all of our interactions. In regard to the movement of the trailer to the rear of the property or off site, he stated and showed where his utility connections were. He explained that as he heats the areas and has water lines, he keeps the unit plugged into the Carmel utility access and does not move it or unplug it, as this would require daily winterization during cold periods. The “skirting” of the trailer has not been an enforcement priority as we used discretion in our inspection of the property - the lowest area of the trailer is blocked from view on Carmel Dr, but this might be considered during the variance if he plans on locating it in another location. The unit itself is in great condition and has been free of hazards when inspected. Variances Requested: Overnight Parking Variance: • The UDO requires that Food Stands shall be removed from the premises when not in operation. The Petitioner would like to keep the food truck on the property 24/7 and not remove it at night. The petitioner would also like the BZA variances to be granted with a time limit of 2 years. Planning Staff cannot be supportive of that but could be supportive of a time limit of 18 months (1.5 years). Customer Seating Area Variance: • The UDO states that Customer seating areas associated with Food Stands shall be prohibited. The Petitioner would like to have a seating area located on an existing patio area located beside the existing primary building on the site (and it will be screened by the brick wall along Carmel Dr.). This could potentially build a customer base, for when he moves into a brick and mortar location in the future. The petitioner would also like the BZA variances to be granted with a time limit of 2 years. Planning Staff cannot be supportive of that but could be supportive of a time limit of 18 months (1.5 years). 19 of 19 Remaining Review Comments: • Please provide additional details on the customer seating area, with what the outdoor furniture will look like. (Planning Staff needs photo examples, at the very least.) Final Comments: • The grouping of smaller incidental signs is not allowed. If the Petitioner wants signage displayed, it needs to be something that comes and goes daily, like a sandwich board sign. • There is some concern that the Petitioner seems to be pushing the limit. He was approved the original temporary use permit with the conditions mentioned above, but some of those were not adhered to. • He also went against what was told to him was allowed for signage. The city made it clear that the Petitioner could not have any other signage besides the one that was approved, and the city was clear that lighting of the sign was not allowed, yet, the Petitioner originally installed the sign with internal illumination. • Other similar food stands have gone through the process to have their stands left out overnight. One example is the Tropical Sno stand at 452 E. Carmel Dr. (BZA Docket No. PZ-2020-00089 ), which is seasonal. • Planning Staff was told that the owner of the land is looking to have the site redeveloped. • The Planning Dept. cautiously supports the variance requests, with the conditions listed in the Recommendation below. Findings of Fact: • Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet. Recommendation: • The Dept. of Community Services recommends consideration of the two variance requests, with the conditions of an 18-month time limit, providing photo examples of the proposed furniture for the outdoor customer seating area, the Petitioner removing of the smaller affixed incidental signage on the food truck, and with the adoption of the proposed Findings of Facts.