Explanation
Council Variance Application: CV26-011
APPLICANT: Lowe’s Home Centers, LLC; c/o Ben Reale, Agent.; 3601 Rigby Road, Suite 300; Miamisburg, OH 45342.
PROPOSED USE: Accessory outdoor storage.
MIDEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a big-box retailer in the CAC, Community Activity Center. The applicant requests accessory outdoor storage uses, including a trailer, in conjunction with the retail business on this property. A Council variance is required because storage uses are not allowed in the CAC district. Additionally, the requested variance will facilitate an updated final site compliance plan to response to an active zoning code violation. While the Columbus Growth Strategy (2026), recommends “Mixed-Use 2” land uses at this location, staff notes that the outdoor storage uses are accessory to the existing retail business, are limited to the scope and scale as shown on the submitted site plan, are not visible from public streets, and will not add an incompatible use to the area.
Title
To grant a Variance from the provisions of Section 34.E.20.100.A, Uses, Use Table, of the Columbus City Codes; for the property located at 3616 E. BROAD ST. (43213), to allow for accessory outdoor storage in the CAC, Community Activity Center District (Council Variance #CV26-011).
Body
WHEREAS, by application #CV26-011, the owner of property at 3616 E. BROAD ST. (43213), is requesting a Council variance to allow for accessory outdoor storage in the CAC, Community Activity Center District; and
WHEREAS, Section 34.E.20.100.A, Uses, Use Table, does not allow storage uses in the CAC, Community Activity Center District, while the applicant proposes to allow accessory outdoor storage, in conjunction with a large retail business, as shown on the submitted site plan; and
WHEREAS, the Mideast Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variance will allow outdoor storage uses that are accessory to the existing retail business, are limited to the scope and scale as shown on the submitted site plan, are not visible from public streets, and will not add an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Zoning Clearance for the proposed outdoor storage; 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 3616 E. BROAD ST. (43213), 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 Section 34.E.20.100.A, Uses, Use Table, of the Columbus City Codes; is hereby granted for the property located at 3616 E. BROAD ST. (43213), insofar as said sections prohibit storage uses in the CAC, Community Activity Center District; said property being more particularly described as follows:
3616 E. BROAD ST. (43213), being 8.87± acres located on the north side of East Broad Street, at the terminus of North Napolean Avenue, and being more particularly described as follows:
Legal Description of Lowe’s Parcel
A 9.373-acre tract of land being a portion of a 9.2978-acre tract of land conveyed to Lowe's Home Centers LLC recorded in Instrument No. 20230509004505 l of the Franklin County, Ohio records and all of a 0.506-acre tract conveyed to Lowe's Home Centers, Inc. by instrument recorded as Instrument No. 20230509004505 l of the Franklin County, Ohio records, said tract being situated in the State of Ohio, County Of Franklin, City Of Columbus, Section 7, Township 12 North, Range 21 West and being more particularly described as follows:
Beginning at a set chiseled “x” at the intersection of the Northerly line of East Broad Street (83’ public right-of-way) at the Southeasterly corner of Napoleon Avenue (variable width public right-of-way), also being the Southwest corner of said Lowe's tract;
Thence run N 07°43’10” W along said Southeasterly right-of-way and Westerly line of said Lowe's tract a distance of 16.88 feet to a found 1” pipe with illegible cap;
Thence, continuing along said right-of-way and westerly line of Lowe's tract, run N 04°03’14” E a distance of 199.5 feet to a found 1” pipe with illegible cap to an interior corner of said Lowe' s tract;
Thence run S 82°19’29” W along said Lowe's tract line a distance of 203.84 feet to a found 1” pipe for the Western most Southwest corner of said Lowe's tract;
Thence run N 03°57’53” E along the Westerly line thereof a distance of 626.94 feet to a set 5/8" rebar with cap “Brunner OH PS-8541”;
Thence run S 85°53' 10" E a distance of 601.25 feet to a set 5/8” rebar with cap “Brunner OH PS-8541” to the Northwest corner of a tract of land conveyed to Tcci Broad Street LLC recorded in Instrument No. 201306270 I 08679 of the Franklin County, Ohio records;
Thence along the Westerly line thereof with a curve turning to the right having an arc length of 92.61 feet with a radius of 2834.93 feet and a chord bearing of S 03°03’41” W and a chord length of 92.61 feet to a set mag-nail;
Thence run S 03°59’50” W along the westerly line of said Tcci tract and the westerly line of a tract of land conveyed to Goe Realco LLC in Instrument No. 202108250152040 of the Franklin County, Ohio records a distance of 474.69 feet to a 5/8” rebar with cap “Brunner OH PS-8541” to the Westerly line of said Goe Realco tract, also being the Northeast corner of a tract of land conveyed to Lowe's Home Centers Inc. in Instrument No.200008030153906 of the Franklin County, Ohio records, from which a found 1” pipe bears S 03°45’41”E and a distance of 3.22 feet;
Thence run S 03°59’50” W along the easterly line of land conveyed to Lowe's Home Centers Inc. and the westerly line of Goe Realco LLC a distance of 150.00 feet to a point on said Northerly right-of-way of East Broad Street;
Thence run S 82°16’45” W along the northerly right-of-way of East Broad Street a distance of 150.00 feet to a set mag-nail on said northerly right-of-way of East Broad Street;
Thence, continuing along said northerly right-of-way of East Broad Street S 82° 16’45” W a distance of 126.50 feet to a set 5/8" rebar with cap “Brunner OH PS-8541” at the Southeast corner of the Proposed Take 5 Development Parcel;
Thence, departing said Northerly right-of-way of East Broad Street, run along said Proposed Take 5 Development Parcel the following six (6) courses:
(I) N 04°34’25” E a distance of 28.70 feet to a set mag-nail;
(2) N 34°04’06” W a distance of 40. 12 feet to a set mag-nail;
(3) N 04°03’'14” E a distance of 139.26 feet to a set mag-nail;
(4) N 85°57’03” W a distance of 82.23 feet to a set chiseled “x”;
(5) S 04°03’14” W a distance of 204.73 feet to a set 5/8” rebar with cap “Brunner OH PS-8541”; and
(6) S 07°43’10” E a distance of 16.67 feet to a set 5/8” rebar with cap “Brunner OH PS-8541” on the Northerly right-of-way of East Broad Street;
Thence run S 82°16’45” W along the Northerly right-of-way of East Broad Street a distance of 26.00 feet to the point of beginning and, containing 408,288 square feet or 9.373 acres, more or less.
Parcel No. 010-092187
Address: 3616 East Broad Street, Columbus, OH 43213.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for accessory outdoor storage for the existing retail business, or those uses allowed in the CAC, Community Activity Center District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan and dumpster enclosure details titled, “SITE PLAN,” dated February 20, 2026, and signed by Ben Reale, Agent for 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 plan shall be subject to review and approval by the Director of the Department 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 Zoning Clearance for the proposed outdoor storage.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.