Explanation
Council Variance Application CV15-026
APPLICANT: CGL Holdings, LLC; c/o Keith B Keplinger; 6790 Charles Road; Westerville, Ohio 43082.
PROPOSED USE: Video and film production and equipment rental facility, with reduced UCO standards.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Development Commission for a concurrent rezoning (Z15-024) to the C-3, Commercial District for the development of a video and film production and equipment rental facility. The applicant is requesting a variance to the Urban Commercial Overlay’s frontage and window glazing requirements to accommodate the proposed new building. The requested variances is are supported because the site is irregularly-shaped and contains a centrally-located easement that cannot be built upon, and the required glazing is not feasible for video and film production as outside sound and lighting must be controlled. As an alternative to the window glazing requirements, the applicant is committing to an elevation drawing which incorporates faux glass and other architectural features along the Cleveland Avenue façade.
Title
To grant a variance from the provisions of Sections 3372.605(B),(D), Building design standards, of the City codes; for the property located at 1192 CLEVELAND AVENUE (43201), to reduce the required building width and window glass percentages of the Urban Commercial Overlay along the Cleveland Avenue frontage in the C-3, Commercial District and to declare an emergency (Council Variance # CV15-026).
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WHEREAS, by application # CV15-026, the owner of property at 1192 CLEVELAND AVENUE (43201) is requesting a Council variance to reduce the required building width and window glass percentages of the Urban Commercial Overlay along the Cleveland Avenue frontage in the C-3, Commercial District; and
WHEREAS, Section 3372.605(B), Building design standards, requires the width of a principal building along a primary building frontage to be a minimum of sixty percent (60%) of the lot width, while the applicant proposes a building width that is approximately forty percent (40%) of the Cleveland Avenue frontage; and
WHEREAS, Section 3372.605(D), Building design standards, requires sixty percent (60%) glass between two (2) feet and ten (10) feet above the sidewalk along the Cleveland Avenue façade, while the applicant proposes less than sixty percent (60%) by using faux glass and other architectural features as depicted on the attached elevation drawing; and
WHEREAS, the Milo Grogan Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances because the intended use of the building would be compromised by the window glazing requirements of the Urban Commercial Overlay, and the irregular shape of the site and presence of an easement pose challenges for the building width requirements. As an alternative to the window glazing requirements, the applicant is committing to an elevation drawing which incorporates faux glass and other architectural features along the Cleveland Avenue façade; 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 1192 CLEVELAND AVENUE (43201), in using said property as desired; 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; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a Variance from the provisions of Sections 3372.605(B),(D), Building design standards, of the City codes, is hereby granted for the property located at 1192 CLEVELAND AVENUE (43201), in so far as said sections prohibits the primary building frontage along Cleveland Avenue to be reduced from sixty percent (60%) to forty percent (40%) of the lot width, and less than sixty percent (60%) window glass along the front façade in the Urban Commercial Overlay; said property being more particularly described as follows:
1192 CLEVELAND AVENUE (43201), being 1.16± acres located on the east side of Cleveland Avenue, 225± feet north of Shoemaker Avenue, and being more particularly described as follows:
Description of 1.162 acres
Situated in the State of Ohio, County of Franklin, City of Columbus and being a part of Lot 3 of Stevenson’s Heirs Partition of Quarter Township 4, Township 1, Range 18, United States Military Lands, and being parts of Lots 35, 36, 37, 38, 39, 40, two vacated alleys and vacated Williams Street (aka Lockwin Avenue), vacated by City of Columbus Ordinance number 1272-69, and being a 0.019 acre tract and a 0.066 acre tract as conveyed to CGL Holdings, LLC as recorded in Instrument No. 201506150079409, and parts of an 1.0 acre and 1.52 acre tract, all original parcels are shown and delineated upon the plat “Sarah A. Shoemaker’s Heirs Subdivision” as recorded in Plat Book 6, page 17A, as conveyed to CGL Holdings, LLC, as recorded in Instrument No. 201504130047119, and as conveyed to CGL Holdings, LLC as recorded in Instrument No. 201504130047120, and as conveyed to CGL Holdings, LLC, as recorded in Instrument No. 201504230052071 Recorder’s Office, Franklin County, Ohio, containing 1.162 acres and being further described as follows:
Beginning for reference at a found 1” iron pin in a monument box located at the intersection of the centerlines of Cleveland Ave. (55’ wide) and Lockwin Avenue (50’ wide);
Thence N 37°44’00” E, 79.58’, along the centerline of said Cleveland Ave., to a point;
Thence S 52°16’00” E, 30.00’, crossing said Cleveland Ave., to an iron pin set, said iron pin being the northwest corner of said Lot 35 and being the southwest corner of Lot 34 of said Sarah A. Shoemaker’s subdivision as conveyed to L&N-Up Alum Creek, LLC as recorded in Instrument Number 201107250091710, said iron pin being the True Place of Beginning for the herein described 1.162 acre tract;
Thence S 52°41'17"E, 101.00', along the north line of said Lot 35, being the south line of said Lot 34, to a point on the west line of the Limited Access right of way of Interstate Route 71 as shown on the right of way plans for the Columbus Expressway System, North Freeway, FRA. 3-18.36, FRA I-(23.72)-(23.88), said point being the northwest corner of Parcel 193-LA as held in fee by the City of Columbus as recorded in D.V. 2217, Pg. 658;
Thence S 07°08'38"W, 19.52', (passing a found gear spike at 1.79’) crossing said Lot 35, along the west line of said Interstate Route 71, being the west line of said Parcel 193-LA, to an iron pin set;
Thence S 04°26'13"W, 84.26', along the west line of said Interstate Route 71, being the west line of Parcel 192-LA, (0.285 ac.) as conveyed to the State of Ohio as recorded in Instrument No. 20150423005270, crossing said Lots 39 and 40 and said vacated Williams St., to an iron pin set;
Thence S 09°16'16"W, 47.85', crossing said Williams St., and said 1.0 acre tract, along the west line of said Interstate Route 71, being the west line of Parcel 172-LA being an Easement for Highway purposes as recorded in Journal Entry 206549, Court of Common Pleas, (D.V. 2267, Pg. 120) as held in fee by the City of Columbus as recorded in D.V. 2207, Pg. 173, and being the west line of a Parcel 171-LA, being an Easement for Highway purposes as recorded in Journal Entry 206549, Court of Common Pleas, as held in fee by Madalin Macomber as recorded in D.V. 1486, Pg. 288, an iron pin set;
Thence S 20°45'00"W, 109.38', crossing said 1.0 acre tract, along the west line of said Interstate Route 71, being the west line of said Parcel 172-LA, to an iron pin set;
Description of 1.162 acres continued
Thence N 68°24'38"W, 59.69', along the south line of said 1.0 acre tract, being the north line of said 1.52 acre tract, to an iron pin set at an angle point in the south line of said 0.019 acre tract;
Thence S 22°21'12"W, 33.38', along the east line of said 0.019 acre tract, to an iron pin set;
Thence N 67°36'51"W, 169.51', along a new north line of a 15’ Alley (D.V. 624, Pg. 252), being the south line of said 0.019 acre tract, crossing said 1.52 acre tract, along the north line of a 0.625 acre tract as conveyed to Gordon L. & Kevin A. Roberts as recorded in Official Record Volume 08013, H10, to an iron pin set in the east line of said Cleveland Ave.;
Thence N 37°44'00"E, 326.82', along the east line of said Cleveland Ave., being the west line of said 1.52 acre tract, the west line of said 1.0 acre tract & the west line of said Lots 35-38, to the true place of beginning, containing 50,606 square feet, 1.162 acres, more or less, subject tract all easements and right of ways of record.
Being all of Auditor’s Parcel Numbers, 010-055419 (0.121 Ac.), 010-046423 (0.924 Ac.), 010-015239 (0.066 Ac.), 010-055370 (0.032 Ac.) and being a total of 0.019 Acres out of existing 15’ wide Alleys.
Bearings are based on the east line of Cleveland Ave. as being N 37°44’00” W as shown in O.R. 28734, D05. All iron pins set are 5/8” rebar, 30” long with yellow plastic cap stamped “J & J Surveying”. All references to documents are recorded in the Franklin County Recorder’s Office. This description is based on an actual field survey performed by J & J Surveying under the direction of John W. Wetherill, P.S. 7811, in January 2015.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a video and film production and equipment rental facility, or those uses permitted in the C-3, Commercial District.
SECTION 3. That this ordinance is further conditioned on general conformance with the elevation drawings titled, "EXTERIOR ELEVATIONS," drawn my Shawn McAllister Architects, Inc., dated October 2, 2015, and signed by Keith B. Keplinger, Agent for the Applicant. The elevation drawings 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 adjustment to the elevation drawings shall be reviewed and may be approved 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 5. That this ordinance is further conditioned upon 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.