A.W. Shucks and TSD Carmel Properties appeal Carmel Planning Commission decision.

It was a tense meeting and a sudden decision for A.W. Shucks and its landlords. On Feb. 11, the Carmel Planning Commission determined that A.W. Shucks operates more like a restaurant than a bar, effectively abandoning the intent of its special use permit – one of three in the city.

Following that 4-1 vote, A.W. Shucks and TSD Carmel Properties filed appeals that will go before the Carmel City Council for an administrative hearing on Tuesday, April 7.

“We’re just looking for due process at this point,” John Plastini, president of TSD Carmel Properties, says.

Since 1993, A.W. Shucks has served both alcohol and food, after receiving City approval to add food service. The use permit runs with the land rather than with the business, and has remained with the property for decades, Plastini says. In 2015, however, the city changed its rules, placing a cap on the total number of such permits.

“Once they changed the rules they created the problem. When you have the scarcity of one, it has a certain value,” he says.

Plastini places that value at around $250,000. The appeal argues that neither the business nor the property owners were ever notified of a violation, and that during past reviews, staff never considered revoking the permit due to the addition of food service. If the use permit were revoked, A.W. Shucks would be required to resubmit an application for a full-line restaurant, which could change their hours and bar seating capacity. (The exact reduction in the number of seats remains unknown.)

“It’s up to the city how this unfolds,” Plastini says. “The city usually works with you. It’s beyond me why this is such a difficult issue to resolve.”