Explanation
Council Variance Application: CV23-140
APPLICANT: Michael Uloko; c/o Patrick Walker, Agent; 401 North Front Street, Suite 380; Columbus, OH 43215
PROPOSED USE: Natural gas regulation station.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a multi-unit residential development in the R-2F, Residential District. The requested Council variance will allow construction of a natural gas regulation station. A Council variance is required because the R-2F district does not allow commercial uses. The request includes variances to maximum and minimum side yards, rear yard, and rooftop telecommunications installation requirements. The site is located with the planning boundaries of the Clintonville Neighborhood Plan (2009), which recommends “Multifamily” land uses at this location. Although the proposal is inconsistent with the Plan’s recommended land use, staff recognize the institutional nature of the use and therefore support the proposal. Additionally, the provided screening, as shown on the site plan, is consistent with the Plan’s design guidelines.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, residential district; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; and 3332.41, Rooftop telecommunication installation, of the Columbus City Codes; for the property located at 204-210 W. WEBER RD. (43202), to allow a natural gas regulation station with reduced development standards in the R-2F, Residential District and to declare an emergency (Council Variance #CV23-140).
Body
WHEREAS, by application #CV23-140, the owner of property at 204-210 W. WEBER RD. (43202), requests a Council variance to allow a natural gas regulation station with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037 R-2F, residential district, prohibits commercial uses, while the applicant proposes to construct a natural gas regulation station in the R-2F district; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to equal or exceed 20 percent of the width of the lot, for a maximum requirement of 16 feet, while the applicant proposes a maximum side yard of 10 feet; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of five feet, while the applicant proposes a reduced side yard of one foot along the western property line; and
WHEREAS, Section 3332.27, Rear yard, requires that each dwelling, apartment, house, or other principal building shall be erected so as to provide a rear yard totaling not less than 25 percent of the total lot area, while the applicant proposes a rear yard of 22.9 percent; and
WHEREAS, Section 3332.41, Rooftop telecommunication installation, requires a rooftop telecommunication installation that receives or transmits wireless telecommunications be erected on any existing legal structure that is 60 feet or more in height, while the applicant proposes a wireless telecommunication installation on a structure that is eight feet in height; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the institutional nature of the proposal will not introduce an incompatible use to the area and the provided screening is consistent with the Clintonville Neighborhood Plan’s design guidelines; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed development; and
WHEREAS, said variance will not adversely affect the surrounding property or 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 204-210 W. WEBER RD. (43202), in using said property as desired; and now, therefore:
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need that failure to amend this ordinance to emergency status would jeopardize a major natural gas transmission project, risking its completion by the end of the year and resulting in significant financial hardships, as the project’s funding is contingent upon its timely completion for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.037, R-2F, residential district; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; and 3332.41, Rooftop telecommunication installation, of the Columbus City Codes, is hereby granted for the property located at 204-210 W. WEBER RD. (43202), insofar as said sections prohibit a natural gas regulation station in the R-2F, Residential District; with a reduced maximum side yard from 16 feet to 10 feet; a reduced minimum side yard from five feet to one foot along the western property line; a reduced rear yard from 25 percent to 22.9 percent; and a rooftop telecommunications installation on a building with a height of eight feet where 60 feet is required; said property being more particularly described as follows:
204-210 W. WEBER RD. (43202), being 0.24± acres located on the north side of West Weber Road, 55± feet east of Dorris Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being more particularly described as follows:
Being ten (10) feet off of the West side of Lot Number Fifty-one (51), all of Lot Number Fifty-two (52) and fifteen (15) feet off the East side of Lot Number Fifty-three (53) of Manhattan Park Addition, as the same are numbered and delineated upon the recorded plat thereof, as recorded in Plat Book 16, page 13 of the 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 for a natural gas regulation station, or those uses allowed in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plans titled “COUNCIL VARIANCE PLAN,” and “LANDSCAPE PLAN,” both dated June 28, 2024, and signed by Patrick Walker, Agent for the Applicant. The plans 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 on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed development.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.