Explanation
Council Variance Application: CV23-038
APPLICANT: The Hardy Center, Inc.; c/o Stephen Garland; 1743 East Lakeview Avenue; Columbus, OH 43224.
PROPOSED USE: Non-accessory parking garage.
NORTH LINDEN AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two undeveloped parcels in the R-3, Residential District, located along a public alley west of 2877 Cleveland Avenue. The requested Council variance will allow a non-accessory parking garage with the capacity to securely park four transport vans utilized by a local non-profit organization. Variances to prohibited parking, lot width, lot area, and fronting are included in the request. The site is within the planning boundaries of the North Linden Neighborhood Plan Amendment (2014), which recommends “Low-Medium Density Residential Uses” at this location. While the proposed use is inconsistent with Plan’s land use recommendation, the garage will be used for the sole purpose of parking. The site fronts on a public alley where parking and vehicular access is the predominant use.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3312.35(B), Prohibited parking; 3332.05, Area district lot width requirements; 3332.13, R-3 area district requirements; and 3332.19, Fronting, of the Columbus City Codes; for the property located at 2877 CLEVELAND AVE. (43224), to allow a non-accessory parking garage with reduced development standards in the R-3, Residential District (Council Variance #CV23-038).
Body
WHEREAS, by application #CV23-038, the owner of property at 2877 CLEVELAND AVE. (43224), is requesting a Council Variance to allow a non-accessory parking garage with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, lists single-unit dwellings as the only allowed residential use, while the applicant proposes a garage that will provide secure parking for transport vans utilized by a local non-profit organization; and
WHEREAS, Section 3312.35, Prohibited parking, prohibits commercial vehicles from being stored on residentially-zoned lots, while the applicant proposes a non-accessory parking garage on the subject site for four transport vans utilized by a local non-profit organization; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet in the R-3, Residential District, while the applicant proposes to maintain a reduced lot width of 47± feet; and
WHEREAS, Section 3332.13, R-3 area district requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of not less than 5,000 square feet in area, while the applicant proposes a reduced lot area of 4,700± square feet; and
WHEREAS, Section 3332.19, Fronting on a public street, requires a building to have frontage on a public street, while the applicant proposes no frontage on a public street which is an existing condition of this lot; and
WHEREAS, the North Linden Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the proposed garage will be specifically used by a local non-profit organization for securely parking transport vehicles, and is located along a public alley were the predominate use is parking and vehicular access; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 owner of the property located at 2877 CLEVELAND AVE. (43224), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.035, R-3 residential district; 3312.35(B), Prohibited parking; 3332.05, Area district lot width requirements; 3332.13, R-3 area district requirements; and 3332.19, Fronting, of the Columbus City Codes, is hereby granted for the property located at 2877 CLEVELAND AVE. (43224), insofar as said sections prohibit a non-accessory parking garage in the R-3, Residential District; with a reduced lot width from 50 to 47 feet, reduced lot area from 5,000 to 4,700 square feet, and no fronting on a public street for the proposed garage, said property being more particularly described as follows:
2877 CLEVELAND AVE. (43224), being 0.11± acres located on the west side of a public alley 160± west of Cleveland Avenue, and 140± feet south of Weldon Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus: Being 47 feet off the south side of Lots Numbers Thirty-nine (39) and Forty (40) of Crest Linden Addition, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 10, Page 66, Recorder’s Office, Franklin County, Ohio, being all of parcel numbers 010-073064 & 010-073065, also known as: Vacant land near Weldon Avenue, Columbus, OH 43224.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a non-accessory parking garage, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with a site plan titled, "SITE PLAN," dated August 24, 2023, and signed by Stephen Garland, the Applicant. The 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 Plans shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.