Explanation
Council Variance Application: CV06-015
APPLICANT: Brown Bag Deli; c/o Jeffrey Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Delicatessen expansion.
GERMAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This is a request to permit an expansion to an existing delicatessen in the R-2F, Residential District. A delicatessen is not a permitted use in the R-2F, Residential District, which allows only residential uses. The existing delicatessen currently occupies 706 square feet of the building and proposes to expand into the remaining 320 square feet, previously occupied by a barbershop. There are currently zero (0) parking spaces provided by the delicatessen. The expansion would require the provision of three (3) parking spaces. The applicant proposes to maintain zero (0) parking spaces for the building. Approval of this request will not add a new or incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential district; 3342.02, Administrative requirements; and 3342.28, Minimum number of parking spaces required, for the property located at 171 EAST WHITTIER STREET (43206), to permit a delicatessen expansion with reduced parking in the R-2F, Residential District and to declare an emergency. (Council Variance # CV06-015)
Body
WHEREAS, by application No. CV06-015, the owner of property at 171 EAST WHITTIER STREET (43206), is requesting a Council Variance to permit a delicatessen with reduced required parking spaces in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential District, prohibits delicatessens, while the applicant proposes to expand an existing delicatessen; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3342.02, Administrative requirements, requires additional parking spaces when a use is changed to a higher intensity, while the applicant proposes to add zero (0) off-street parking spaces; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires three (3) additional parking spaces for the expansion of the delicatessen, while the applicant proposes to maintain zero (0) off-street parking spaces; and
WHEREAS, the German Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because this request will not add a new or incompatible use to the area. This is a request to permit an expansion to an existing delicatessen in the R-2F, Residential District. A delicatessen is not a permitted use in the R-2F, Residential District, which allows only residential uses. The existing delicatessen currently occupies 706 square feet of the building and proposes to expand into the remaining 320 square feet, previously occupied by a barbershop. There are currently zero (0) parking spaces provided by the delicatessen. The expansion would require the provision of three (3) parking spaces. The applicant proposes to maintain zero (0) parking spaces for the building; and
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 171 EAST WHITTIER STREET (43206), 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 3332.037, R-2F, Residential district; 3342.02, Administrative requirements; and 3342.28, Minimum number of parking spaces required, for the property located at 171 EAST WHITTIER STREET (43206), insofar as said sections prohibit a 1,026 square foot delicatessen with zero (0) off-street parking spaces; said property being more particularly described as follows:
171 EAST WHITTIER STREET (43206), being 0.05± acres located at the southeast corner of Whittier and Mohawk Streets, and being more particularly described as follows:
LEGAL DESCRIPTION
Tract I
Situated in the State of Ohio, County of Franklin, and City of Columbus:
Being Sixty Three and one-half (63-1/2) feet off of the West end of Lot Number One (1) of Dorothea Amber's Subdivision of Lots No. 155-156 & 157 of Jaeger's Twentieth Addition to said city, as the same is numbered and delineated on the recorded plat thereof, of record in Plat Book No. 3 page 394, Recorder's Office, Franklin County, Ohio.
Parcel No. 010-2110
Also known as 171 Whittier St., and 898-900-900 ½ Mohawk St.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a delicatessen, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 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.