Explanation
Council Variance Application: CV03-050
APPLICANT: The Salvation Army; c/o John Kloch, Moody-Nolan, Inc.; 300 Spruce Street, Suite 300; Columbus, Ohio 43215.
PROPOSED USE: Religious facility with general office uses and community service programs.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested Council variance will allow the construction of a 28,460 square foot Salvation Army Center which will include offices for city-wide support staff, a chapel, and community service programs. The site lies between a police substation and an office building on a portion of East Main Street that is within the Urban Commercial Overlay and zoned in the ARLD, Apartment Residential District. A variance is necessary because the ARLD, Apartment Residential District does not allow general office use. Other variances to standards include maximum side yard required, a reduction in the minimum number of required parking spaces from 158 to 97, and parking setback requirements in the Urban Commercial Overlay. A hardship exists in that the services offered by the Salvation Army are presently housed in multiple building locations, and combining the services in one location will best serve those in need. The site lies within the planning area of the Near East Area Plan (1995), which recommends maintaining residential zoning districts, and encourages commercial and office uses in commercially zoned districts along existing commercial strips. Because the majority of the block is developed with commercial uses, and is within the Urban Commercial Overlay, the proposed use is consistent with the Plan's recommendation.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1, apartment residential district use; 3333.15, Basis of computiong area; 3333.22, Maximum side yard required; 3333.24, Rear yard; 3342.28, Minimum number of parking spaces required; and 3372.609, Setback requirements; of the Columbus City Codes for the property located at 966 EAST MAIN STREET (43205), to permit an office and religious facility with reduced development standards in the ARLD, Apartment Residential District. (Council Variance # CV03-050)
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WHEREAS, by application #CV03-050, the owner of the property at 966 EAST MAIN STREET (43205), is requesting a Variance to permit a religious facility with general office uses and community service programs with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, permits religious facilities and on-site management offices in multi-family residential developments, while the applicant proposes a Salvation Army Center building with reduced development standards and will include offices for city-wide support staff, a chapel, and community service programs; and
WHEREAS, Section 3333.15, Basis of computing area, requires that no dwelling shall occupy greater than fifty (50) percent of the lot area, while the applicant proposes no dwellings and greater than 50% lot coverage for the new building and parking lot as depicted on the site plan; and
WHEREAS, Section 3333.22, Maximum side yard required, requires the sum of the widths of each side yard to equal 20% of the lot width or sixteen (16) feet, while the applicant proposes a maximum side yard of ten (10) feet for the new building and parking lot; and
WHEREAS, Section 3333.24, Rear yard, requires that each dwelling, apartment house, or other principal building shall be erected so as to provide a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes a rear yard of less than twenty-five (25) percent for the new building and parking lot as depicted on the site plan; and
WHEREAS, Section 3372.609, Setback requirements, requires that parking lots shall be located at the rear of the principal building, while the applicant proposes parking spaces at the sides of the principal building as depicted on the site plan; and
WHEREAS, the applicant has been made aware that the subject site is within the Urban Commercial Overlay, and is subject to compliance with Sections 3372.607-3372.611, except as varied by this ordinance; and
WHEREAS, this variance will permit a religious facility with general office uses and community service programs with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council Variance will allow the construction of a 28,460 square foot Salvation Army Center which will include offices for city-wide support staff, a chapel, and community service programs. The site lies between a police substation and an office building on a portion of East Main Street that is within the Urban Commercial Overlay and zoned in the ARLD, Apartment Residential District. A variance is necessary because the ARLD, Apartment Residential District does not allow general office use. Other variances to standards include maximum side yard required, a reduction in the minimum number of required parking spaces from 158 to 97, and parking setback requirements in the Urban Commercial Overlay. The site lies within the planning area of the Near East Area Plan (1995), which recommends maintaining residential zoning districts, and encourages commercial and office uses in commercially zoned districts along existing commercial strips. Because the majority of the block is developed with commercial uses, and is within the Urban Commercial Overlay, the proposed use is consistent with the Plan's recommendation; and
WHEREAS, a hardship exists the services offered by the Salvation Army are presently housed in multiple building locations, and combining the services in one location will best serve those in need.
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 966 EAST MAIN STREET (43205), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1, apartment residential district use; 3333.15, Basis of computing area; 3333.22, Maximum side yard required; 3333.24, Rear yard; 3342.28, Minimum number of parking spaces required; and 3372.609, Setback requirements; of the Columbus City Codes for the property located at 966 EAST MAIN STREET (43205), insofar as said sections prohibit a religious facility with general office uses and community service programs, with a lot coverage of greater than 50%; a reduced maximum side yard from 16 feet to 10 feet; a rear yard that is less than 25%; reduced minimum of required parking space reduction from 158 spaces to 97 spaces; and parking at the sides of the principal building in the Urban Commercial Overlay; said property being more particularly described as follows:
966 EAST MAIN STREET (43205), being 1.18± acres located on the north side of East Main Street, 200± feet east of Carpenter Road, and being more particularly described as follows:
PARCEL #1 (010-001764):
Situated in the State of Ohio, County of Franklin, and City of Columbus: being the north half of Twenty and One-half (20 ½ ) feet off of the east side of Lot Number twenty-three (23) and the north half of Fifteen (15) feet off the west side of F. MICHEL AND OTHERS SUBDIVISION in the City of Columbus, Ohio, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 129, Recorder's Office, Franklin county, Ohio; excepting Seventeen (17) feet off the south end thereof.
PARCEL #2 (010-055911):
Situated in the State of Ohio, County of Franklin, and City of Columbus: being the 117 ½ feet off of the south end of 35 ½ feet off the east side of Lot Number twenty-four (243) and 104 ½ feet off of the south end of 20 ½ feet off the east side of Lot Number Twenty-three (23) and 104 ½ feet off of the south end of Fifteen (15) feet off the west side of Lot Number Twenty-four (24) of F. MICHEL AND OTHERS SUBDIVISION in the City of Columbus, Ohio, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 129, Recorder's Office, Franklin county, Ohio.
PARCEL #3 (010-037751):
Situated in the State of Ohio, County of Franklin, and City of Columbus: being Fifty-seven and One-half (57 ½ ) feet off of the north side of Lot Number twenty-four (24) of F. MICHEL AND OTHERS SUBDIVISION in the City of Columbus, Ohio, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 129, Recorder's Office, Franklin county, Ohio.
PARCEL #4 (010-026932):
Situated in the State of Ohio, County of Franklin, and City of Columbus: being Lot Numbers twenty-five (25) and twenty-six (26) of F. MICHEL AND OTHERS SUBDIVISION of Lots Numbered One to Seven (1-7) of Ricky's Subdivision of Out Lot No. 5 and the west half of Lot No. 6, as formerly laid out by JAMES BRYDEN AND OTHERS SUBDIVISION, as part of Half Section No. 24, Township No. 5, Range 22, Refugee Lands, as the said Lot Nos. 25 and 26 are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 129, Recorder's Office, Franklin county, Ohio.
PARCEL #5 (010-027299):
Situated in the State of Ohio, County of Franklin, and City of Columbus: being Forty (40) feet off the east side of Lot Number twenty-six (26) of F. MICHEL AND OTHERS SUBDIVISION of Lots Numbered One to Seven (1-7) of Ricky's Subdivision of Out Lot No. 5 and the west half of Lot No. 6, as formerly laid out by James Bryden and others, as part of half Section No. 24, Township No. 5, Range 22, Refugee Lands, as the said Lot Nos. 25 and 26 are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 129, Recorder's Office, Franklin county, Ohio.
PARCEL #6 (010-057127):
Situated in the State of Ohio, County of Franklin, and City of Columbus: being Thirty-four (34) feet off the west side of Lot Number One (1) of FREDERICK ZELSMANN"S SR.'S SUBDIVISION to the City of Columbus as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 174, Recorder's Office, Franklin county, Ohio.
PARCEL #7 (010-038104):
Situated in the State of Ohio, County of Franklin, and City of Columbus: being Lot Number Two (2) and seven feet off of the east side of Lot Number One (1) of FREDERICK ZELSMANN"S SR.'S SUBDIVISION to the City of Columbus as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 174, Recorder's Office, Franklin county, Ohio.
PARCEL #8 (010-045403):
Situated in the State of Ohio, County of Franklin, and City of Columbus: being Lot Number Six (6) GEORGE GILBERT'S SUBDIVISION of the south part of nine acres of Lot No. 6 of JAMES BRYDEN AND OTHERS SUBDIVISION, in Half Section No. 24, Township No. 5, Range 22, Refugee Lands, as said Lot No. 6 is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 296, Recorder's Office, Franklin county, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a religious facility with general office uses and community service programs, or those uses permitted in the ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan and elevations titled "SALVATION ARMY BUILDING", drawn by Moody-Nolan Inc., dated June 18, 2004, and signed by John E. Kloch, architect. The Zoning Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the Zoning Site Plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the combination of tax parcels #1 (010-001764), # 2 (010-055911), # 3(010-037751), # 4 (010-026932) #5 (010-027299), # 6 (010-057127), # 7 (010-038104) and # 8 (010-045403) to form one (1) tax parcel prior to the issuance of a Certificate of Zoning Clearance.
SECTION 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.