Owners ask Hamilton County Superior Court for stay, reversal of zoning variance denial
Submitted
Longtime Carmel residents and business owners Kevin and Megan Paul have filed a petition with the Hamilton County Superior Court requesting the court reverse a recent decision by the Carmel Board of Zoning Appeals (BZA) to deny The GOAT Restaurant & Tavern a use variance to permit it to operate in its current location.
“All we want is to operate our family’s business under the same rules as everyone else in Midtown Plaza, including our neighboring restaurants and taverns,” said Kevin Paul. “Legal action is the last thing we prefer, but until this is resolved, our doors are closed and nearly 30 people are wondering how they will support themselves and their families.”
The Paul family owns more than five establishments, including Carmel mainstays Blue Horseshoe, Brockway Public House and Danny Boy Beerworks. Their businesses employ more than 300 Hoosiers.
Carmel City Councilor Sue Finkam expressed her support for both the Paul family and a resolution to the current zoning issue.
Finkam
“Kevin and Megan are longtime Carmel residents and business owners, dedicating significant time and resources to growing and improving our city,” Finkam said. “They have proven to be collaborative and thoughtful neighbors. Midtown has quickly become an area beloved by residents and visitors. I hope all parties involved can find a reasonable solution that does not diminish the value or the personality of this important part of our city.”
Prior to pursuing plans for The GOAT, Paul worked with city representatives regarding necessary zoning variances. City officials repeatedly and consistently told Paul there were no problems with its applications, and that zoning should be approved without difficulty.
In June 2019, the City Council passed an Ordinance granting Paul a three-way alcoholic beverage permit to operate at the location. Similar establishments – including Fork & Ale House, Sun King Distillery, Union Brewing, Pint Room and 3UP Rooftop Bar – are located within a 1/4 mile of the GOAT and operate with the commercial zoning The GOAT seeks.
The Carmel Clay Historical Society (CCHS), which is located just next door to The GOAT, was rezoned from residential to commercial only a few months ago. In fact, the city filed an application with the Carmel Plan Commission, which was forwarded to City Council, to re-zone both The GOAT and CCHS properties for commercial use in Oct. 2020. However, for unknown reasons, the GOAT’s request was separated out and delayed, while CCHS received its approval in December.
Prior to the Carmel BZA’s April meeting, the city’s planning department provided a favorable recommendation for the zoning variance, noting its ongoing collaboration with The GOAT, the businesses’ numerous operational commitments, and a record of strict compliance for several consecutive months.
“We have never experienced that amount of traffic at a restaurant within an opening month,” Paul said. “Other establishments were reeling from the pandemic, but The GOAT was overwhelmed with patrons, and this was before we had fully operationalized. We did not anticipate the amount of patrons and honestly, we weren’t prepared for it. Our Midtown neighbors expressed concerns, and we worked hard to address every single issue.”
Several of the neighborhood’s business leaders and residents expressed support for The GOAT in letters to Carmel leaders and the BZA prior to its decision, noting the Paul family’s longstanding history of economic and philanthropic contributions to Carmel and surrounding communities.
Paul hopes the matter can be addressed quickly and prefers to avoid an ongoing battle with the city.
“Carmel is our forever home. It’s where we raise our kids and dedicate our lives’ passions,” Paul said. “We love this community and are proud to be part of its heartbeat.”
This is a pretty biased article; they’ve done nothing but try to change Carmel into Broad Ripple, bucking the city ordinances at every turn.