Lawyer: No Compromise Reached Between Beer Garden, Derby Neighbors

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A Google image showing the business and surrounding neighborhood.

A public hearing on a zone-text change affecting the Hops Co. on Sodom Lane is scheduled to continue Tuesday evening in Derby City Hall.

A compromise between lawyers representing the owner and neighbors has not been reached.

Click here for a previous Valley Indy story.

The Planning and Zoning Commission meeting begins at 7 p.m., according to an agenda posted on the City of Derby’s website. Click here to download a PDF version of the agenda. 

The Hops Co., a successful restaurant and craft beer garden, has an application pending for a change to the Derby zoning code that would create a Derby development district.”

As it stands, the Hops Co. is a pre-existing nonconforming use, meaning its historical use as a restaurant venue/catering hall doesn’t match the modern residential zoning. It’s a grandfathered use that cannot expand.

The owner plans to clean up the property, address drainage issues, create a new parking area, and expand a building. But a detailed site plan has not been submitted.

First, the owner, through local land-use lawyer Dominick Thomas, is asking the Derby commission to include new language in its regulations that would give non-conforming properties such as The Hops Co. some wiggle room to make changes.

Thomas said the changes could be written to give planners detailed control over what happens at the Hops property.

Neighbors, however, said overflow parking and pedestrian traffic have already been problematic, and they want to know precisely what the Hops Co. is planning for the property.

After last month’s first public hearing, Charles Willinger, a lawyer representing several property owners surrounding the Hops Co., said he was hopeful a compromise could be reached.

However, in an email Monday, Willinger said he and Thomas have been unable to come up with agreement acceptable to the property owner and neighbors.

Our attempt at an amicable resolution was unsuccessful,” Willinger said. I will be opposing Hopps Tuesday night on behalf of 25 neighbors.”