Fishers BZA approves outdoor-dining variance for King Jug at 11110 Lantern Road

The Fishers Board of Zoning Appeals on Sept. 24 approved VA 25-10, a development-standards variance to allow outdoor dining at 11110 Lantern Road, the site of the King Jug restaurant, subject to conditions recorded with the Hamilton County Recorder's Office.

The variance permits three outdoor areas and allows outdoor seating under the Nickel Plate District Code provision at issue, with conditions that limit entertainment to acoustic acts and require compliance with occupancy limits set by the city's fire marshal and building commissioner. Zoning Administrator Lucas Smith told the board the hearing was focused solely on the outdoor seating variance, and that the petitioner and staff had agreed to a right-of-way encroachment agreement that will go to the Board of Works next month.

Mike Finnegan, who identified himself as one of the owners, described King Jug as a family-oriented restaurant and said the space expansion supports about 50 Fishers-area employees. "If we weren't able to get this variance, we would have to cut down on staff quite a bit," Finnegan said during his presentation. He also told the board the restaurant closes at 10 p.m. and that music stops at 9:30 p.m.: "We don't make Vegas bombs or anything like that. It's a scratch kitchen." Finnegan and others described steps already taken to reduce sound and parking impacts, including switching to acoustic music and sponsoring parking improvements near the trail.

Smith summarized the occupancy and equipment limits the city considered: the fire marshal and building commissioner set an occupancy of 84 for the covered patio, 265 for one standing area and 126 for a seated area; staff said those areas could be reconfigured and gave a standing-room-only figure in the hearing record. Smith also said police had not issued parking citations and had not received additional noise complaints since the June meeting. Staff recommended approval with conditions: recording the approval with the Hamilton County Recorder's Office; acoustic music only (no drum sets, percussion, bass guitars, electronic keyboards or recorded tracks played through amplification); no more than three instruments at a time; and adherence to decibel limits in city code.

During public comment the board heard from neighbors both for and against the variance. Some residents described earlier noise and parking problems after the restaurant opened; others who live nearby said the changes have addressed the problems and that the business is a community asset. Several speakers urged that parking program issues on Morgan Drive be revisited separately with the Board of Public Works; staff and commenters noted the parking-permit program went into effect Sept. 2 and that the Board of Zoning Appeals does not regulate parking.

Board members voted to approve the petition with the staff-recommended conditions and recording requirements. The motion passed on a roll call vote. The approval requires the conditions be recorded with the Hamilton County Recorder's Office and the right-of-way encroachment agreement to proceed to the Board of Works for action.

The board thanked members of the public for their participation and wished the petitioner well as the property moves to the next administrative step.