Submitted by City of Carmel
On Monday, the Hamilton County Superior Court issued an order vacating the vote of the Carmel Board of Zoning Appeals’ (BZA) decision to deny a use variance for the Greatest of All Taverns (GOAT).
Judge Jonathan Brown held that the BZA’s written findings of fact were made outside of a public meeting, which he stated was a violation of the Indiana Open Door Law. In his order, Judge Brown essentially repeated the position taken in the advisory opinion of the Public Access Counselor.
According to city officials, the BZA’s decision to deny the GOAT’s use variance was made at a public meeting after a full and open public hearing. While the Indiana Code requires the BZA to make written findings of fact, it does not specify how those findings are to be made. The order remands the matter to the BZA to hold a new hearing in compliance with Indiana’s Open Door Law.
The BZA is weighing its options about how to proceed and has 30 days to appeal Judge Brown’s decision. The order stated that while waiting for the new hearing, the GOAT is subject to the existing zoning laws for 220 2nd St. SW, which is currently zoned R-2 Residential. A business such as the GOAT cannot be operated on a property that is zoned Residential until a use variance is granted by the BZA.