The Plainfield Board of Zoning Appeals met on Monday, December 15, 2008. In attendance were Ms. Duffer, Mr. Cavanaugh, Mr. Gibbs and Mr. Monnett.
ROLL CALL/DETERMINATION OF QUORUM
Mr. Carlucci administered the Roll Call.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Mr. Cavanaugh made a motion to approve the minutes of the November 17, 2008 Board of Zoning Appeals meeting as submitted. Second by Ms. Duffer. Motion carried.
OATH OF TESTIMONY
Mr. Daniel administered the Oath of Testimony.
PUBLIC HEARINGS
Mr. Monnett reviewed the Guidelines Governing the Conduct of Public Hearings. Our first petition was a previously continued petition, BZA-08-017, Venkata Nattam/Cambria Suites.
Mr. James said the petitioner, Mr. Nattam is not here yet so let's switch the order in the agenda and we will go ahead and move forward with the second petition, BZA-08-024. This request is for a Special Exception to add a 15'x22' bar to the Woodfire Grill at 5020 Cambridge Way. The original Special Exception to serve alcohol was granted back in 2006. That was just to allow alcohol to be served to tables; they did not have a bar in the restaurant at that time. But now they have survived the first couple of years, which is always the toughest for a restaurant and they would like to add on the 15'x22' bar area to compete with some of the other restaurants in the area. So, that is what this request is for is to basically add this 15'x22' bar area. The size of the bar is only eight percent of the total building and just 12 percent of the restaurant dining area. We have always required that the lounge area be less than twenty-five percent of the total floor area of the restaurant so it meets that test. It is zoned General Commercial so it meets that test. Whenever you serve alcohol in General Commercial or expand, you have to seek the Special Exception. Hopefully, that gives you a good explanation of what this request is for. The part owner of the restaurant is here and his representatives are here to speak as well.
Ms. Jennifer Lawrence with Moench Engineering at 3996 Clarks Creek Road, Plainfield said Joe gave a very good introduction so if there are any questions that I need to answer, I would be glad to do that at this time.
Mr. Carlucci asked, do you have music playing in there periodically?
Ms. Lawrence said yes.
Mr. Carlucci asked, do you still plan on having music in there?
Ms. Lawrence said yes.
Mr. Monnett asked, is the music just there on Saturdays?
(Inaudible).
Mr. James said the petitioner, Mr. Warrum is concerned about number two in the motion, the condition number two. He is a part owner but he is trying to get full ownership of the restaurant. If he did get full ownership, it would be under a different corporation name. So, the way the condition is written would that impact his status?
Mr. Daniel said I think it only would if he became a minority owner in the company; if he was a majority owner in the company, it would be okay.
Mr. Rick Warrum said if for some reason this does go through and my wife and I are the prime owners 100%, at that point does my lawyer contact you directly to let you know that it has been taken care of and that the Warrum's own it outright 100%?
Mr. Daniel said you can contact Joe and just make a record in the Plainfield file as the name and ownership.
Mr. Warrum said so he is the contact person at this point.
Mr. Daniel said yes.
Mr. Monnett asked, is there anyone in the audience who would care to speak on this matter? Being no one coming forward I will open it up for discussion or a possible motion.
Mr. Cavanaugh made a motion that the Board of Zoning Appeals approve BZA-08-024 as filed by Hendricks Adventures, LLC requesting a Special Exception to add a 15'x22' bar area to allow the sale of alcoholic beverages for the Woodfire Grill at 5020 Cambridge Way zoned GC subject to the following conditions:
1. Substantial compliance with floor plan file dated November 21, 2008.
2. This Special Exception, if granted, is non-transferable to any subsequent owner of the property or establishment.
Second by Mr. Gibbs. Roll call vote called.
Ms. Duffer – yes
Mr. Cavanaugh – yes
Mr. Gibbs – yes
Mr. Monnett – yes
4-ayes, 0-opposed, 0-absent. Motion carried.
Mr. Monnett said our next petitioner came in so if you want to stand, our attorney will administer the Oath of Testimony.
Mr. Daniel administered the Oath of Testimony to Mr. Nattam.
Mr. James said our second request tonight is the same request to seek a Special Exception to allow the sale of alcoholic beverages for the Cambria Suites at 6014 Gateway Drive. It is also zoned General Commercial. This is a new hotel; it was just opened earlier this year. It is off of Gateway Drive so after it was opened they did not get seek the Special Exception to serve alcohol until they were notified and then Mr. Nattam submitted the application. It has been continued twice so Mr. Nattam has finally been able to make it to the meeting. His request is a Special Exception to allow alcohol sales. It is zoned General Commercial. He has been serving alcohol and I believe he has already received the liquor license from Hendricks County and the State of Indiana. He has stated in the petition that the liquor license allows the sale of alcohol seven days a week. The proposed hours are 8:00 a.m. to 12:00 p.m. In the Staff Report I asked the question if you had any concerns about the hours or allowing the sale of alcohol seven days a week. With that I will have a seat and I'm sure Mr. Nattam would be glad to answer any questions that you might have.
Mr. Carlucci asked, is this just for hotel guests?
Mr. James said yes.
Mr. Venkata Nattam said I'm the owner of Cambria Suites in Plainfield.
Mr. Carlucci asked, are you involved with other hotels in Town?
Mr. Nattam said Wingate.
Mr. Carlucci said Wingate serves alcohol, is that correct?
Mr. Nattam said yes.
Mr. Carlucci said (inaudible).
Mr. Nattam said 5:00 p.m. to 7:00 p.m.
Mr. Monnett asked, is that Monday through Friday?
Mr. Nattam said Monday through Thursday.
Ms. Duffer asked, does this have a bar establishment as well?
Mr. Nattam said yes.
Ms. Duffer said as well as they can get it in their rooms.
Mr. Nattam said yes.
(Inaudible).
Mr. Nattam said (intelligible).
Ms. Duffer said so they have to be a guest of the hotel in order to go to the bar.
Mr. Nattam said yes.
Ms. Duffer said so we couldn't walk in off the street and sit down and have a drink.
Mr. Nattam said (inaudible/intelligible).
Ms. Duffer said it is more of a service for your guests.
Mr. Nattam said yes.
Mr. Monnett asked, how is the Wingate; how is that going from 5:00 to 7:00?
Mr. Nattam said a lot of company people (inaudible) and any construction people if they get a free beer.
Mr. Monnett said so it's almost like a liquor store inside the hotel that you want to open from 8:00 a.m. to midnight seven days a week for the guests only.
Mr. Nattam said yes. (Intelligible).
Ms. Duffer said the bar will be opened from 5:00 until 11:30 p.m.
Mr. Nattam said yes.
Ms. Duffer said but if anybody orders room service, they could get it from 8:00 a.m.
Mr. Nattam said they can get it from inside (intelligible); somebody who has a license to sale.
Ms. Duffer said but the bar is not going to be opened at 8:00 a.m.
Mr. Nattam said no. On some special occasion if somebody wants a meeting, that kind will.
Mr. James said (inaudible).
Mr. Nattam said 5:00 p.m. to 11:30 p.m.
Mr. James asked, seven days a week?
Mr. Nattam said yes.
Mr. Carlucci said you can serve alcohol because you serve food too.
Mr. Nattam said yes.
Mr. Carlucci said (inaudible).
Mr. Nattam said yes.
Mr. Carlucci said (inaudible).
Mr. Nattam said just like a restaurant.
Ms. Duffer said I have a question for Joe because in the Staff comments it says it does not allow for dining.
Mr. James said (inaudible).
Ms. Duffer said so in the bar area do they have seating so you can sit down have a dinner?
Mr. Nattam said yes. (Intelligible).
(Inaudible).
Mr. Nattam said (intelligible).
(Inaudible).
Mr. Nattam said yes we do. If we have a banquet bar, they can come to the bar and we can prepare it.
Mr. Monnett asked, how long have you had the license from the County or the State?
Mr. Nattam said starting April.
Mr. Monnett asked, from the State and the County or the County?
Mr. Nattam said both.
Mr. Carlucci said (inaudible).
Mr. Monnett asked, have you had any trouble yet with underage or anything?
Mr. Nattam said no. Whoever sales they watch. (Intelligible). If they have problems, they stop serving. (Intelligible).
Mr. Cavanaugh said (inaudible).
Mr. Nattam said (inaudible).
Mr. Cavanaugh said (inaudible).
Mr. Nattam said sometimes if we have meetings (inaudible/intelligible).
Mr. Cavanaugh said I didn't know if there were State requirements (inaudible).
Ms. Duffer said I don't think so with a bar.
Mr. Nattam said we don't open the bar in the morning.
Mr. Cavanaugh said (inaudible).
Mr. Nattam said no.
Mr. Cavanaugh said (inaudible).
Mr. Nattam said yes.
Mr. Cavanaugh said (inaudible).
Mr. Gibbs said (inaudible).
Mr. James said (inaudible).
Mr. Gibbs said (inaudible).
Mr. Nattam said nobody has; this is the first time.
Mr. Carlucci said (inaudible). I will tell you that most people who are (inaudible) just because of the cost. If they are going to do that, they might as well go to the liquor store and buy a 12 pack (inaudible). Maybe the issue is (inaudible). It is a completely different atmosphere. (Inaudible).
Mr. Monnett said Homewood Suites what is that? Is that for guests only? I know they serve it.
Mr. Nattam said (intelligible).
Mr. Monnett said I know if a room is included but I think you can still walk in and buy it.
Mr. Nattam said two hours.
Mr. Monnett said 8:00 a.m. scared me off the bat; I will be honest with you.
Mr. Cavanaugh asked, would you be comfortable with 11:00 a.m.?
Mr. Nattam said yes.
Mr. Monnett asked, is there anyone in the audience who would care to speak on this matter? Being no one coming forward I will close the public portion of this and open it up to the board for discussion or a possible motion. I am in agreement with 11:00 a.m. to midnight.
Mr. Nattam said (inaudible).
Mr. Cavanaugh made a motion that the Board of Zoning Appeals approve BZA-08-017 as filed by Venkata Nattam requesting a Special Exception to allow the sale and serving of alcoholic beverages for on-site consumption for the Cambria Suites at 6014 Gateway Drive subject to:
1. This approval is limited to Cambria Suites and shall not be transferable to a subsequent owner of the property or establishment.
2. The sale of alcoholic beverages is limited to the bar/lounge area.
3. The sale of alcoholic beverages is limited to hours between 11:00 a.m. to 12:00 midnight or 12:00 a.m.
Second by Ms. Duffer. Roll call vote called.
Ms. Duffer – yes
Mr. Cavanaugh – yes
Mr. Gibbs – yes
Mr. Monnett – yes
4-ayes, 0-opposed, 0-absent. Motion carried.
OLD BUSINESS/NEW BUSINESS
Mr. James said I wanted to update you on the wind turbines. The Plan Commission thought about that request and they agreed that they thought the wind turbines were not appropriate in Residential Districts. They understand that with the new technology and the need to find new alternative energy sources that these could become more common in the future. With new technology they could even become smaller or less intrusive. So, they would like for us to do a little research and see what we can come up with; not for the Residential Districts but maybe for other districts like the Industrial Districts or Commercial Districts. So, that is what we will do; we will do some research and will write a report based on what we find and forward it back to the Plan Commission and to the Board of Zoning Appeals.
Mr. Cavanaugh said (inaudible).
Mr. James said that is one way that we could approach it is to amend the ordinance just specifically say that they are not allowed.
(Inaudible).
Mr. James said yes solar panels or other alternative energy sources. So, we will do some research and see what we can come up with.
The other item is BZA-08-020, Carl Ewig; a Variance of Use. This was granted last month. It was granted with conditions. He is making improvements as far as complying with these conditions. He has submitted for a building permit. He hopes to get building inspection permits done later this week. He has provided a list of improvements to the County Assessor's Office and gave me a copy. One condition that he is having problems is doing the separate sewer and water connections. It is going to be fairly costly for him. He has estimated about $10,000.00 and the condition was that it get done in 90 days. But he would like to have until June 30, 2009. He would also like to make installment payments to the Town for the cost of this connection.
Mr. Carlucci said (inaudible). This is strictly a utility issue and my concern is I don't know where he is going to be in June of 2009 if he doesn't sale that property and walk away from it. You might want to approach the Town Engineer. (Inaudible) but we are not going to break it down because that is longstanding and I can show you plenty of places where we have enforced it. (Inaudible). This is really a utility issue much more than it is a BZA issue.
Mr. James said we did put the fining date condition on it.
Mr. Carlucci said you can take and say it is still 90 days but you have to make any deal with the Town utilities. We will give you 90 days but the Town may not. It is not an issue for the BZA.
(Inaudible).
Mr. Cavanaugh said (inaudible).
ADJOURNMENT
Mr. Cavanaugh made a motion to adjourn. Second by Ms. Duffer. Motion carried.
