Explanation
Council Variance Application: CV25-072
APPLICANT: Ibrahim Al-Hejazin c/o Mahir Becirovic, Atty.; 24 North High Street; Columbus, OH 43215.
PROPOSED USE: Eating and drinking establishment.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a former ice-cream shop in the R-4, Residential District, as allowed by Ordinance #853-73, passed on June 18, 1973 (CV73-018). A new Council variance is required because the Applicant proposes carry-out eating and drinking uses at this location, which is neither allowed in the R-4 district or by Council Variance #CV73-018. The site is recommended for “Mixed Use 2” land uses by the Columbus Growth Strategy (2026), which is consistent with the proposed use. Additionally, staff note that the property is an existing commercial use and that this proposal will not introduce an incompatible use to the neighborhood.
Title
To grant a Variance from the provisions of Section 3332.039, R-4 residential district, of the Columbus City Codes; for the property located at 1828 E. HUDSON ST. (43211), to allow an eating and drinking establishment in the R-4, Residential District and to revoke Ordinance #853-73 (CV73-018), passed on June 18, 1973 (Council Variance # CV25-072).
Body
WHEREAS, by application # CV25-072, the owner of property at 1828 E. HUDSON ST. (43211), is requesting a Council variance to allow an eating and drinking establishment in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4 residential district, does not allow commercial uses, while the applicant proposes a carry-out eating and drinking establishment within the existing commercial building; and
WHEREAS, the Northeast Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the request variance is consistent with the land use recommendation of the Columbus Growth Strategy, and will not add an incompatible use to the neighborhood; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed carry-out eating and drinking establishment; 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 1828 E. HUDSON ST. (43211), 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 3332.039, R-4 residential district, of the Columbus City Codes; is hereby granted for the property located at 1828 E. HUDSON ST. (43211), insofar as said section prohibits a carry-out eating and drinking establishment in the R-4, Residential District; said property being more particularly described as follows:
1828 E. HUDSON ST. (43211), being 0.15± acres located on the north side of East Hudson Street, 78± feet east of Joyce Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the city of Columbus.
Being Lot Number Fifteen (15) and Nine (9) feet off the West Side of Lot Number Sixteen (16) of an Amended plat of the Mul-Bar Heights addition, as the same are numbered and delineated upon the recorded plat thereof, of record in plat book 18, Pages 32 and 33, Recorder’s Office, Franklin County, Ohio
Parcel ID: 010-070783-00
Address: 1828 East Hudson Street, Columbus, OH 43211
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as an eating and drinking establishment, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “OVERALL SITE PLAN,” dated March 6, 2026, and signed by Mahir Becirovic, the Attorney 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 Occupancy for the proposed carry-out eating and drinking establishment.
SECTION 5. That Ordinance #853-73 (CV73-018), passed on June 18, 1973, be and is hereby revoked.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.