Explanation
Council Variance Application: CV26-076
APPLICANT: 40 Merritt II LLC, LLC c/o Jack Reynolds, Atty.; 172 East State Street, Suite 550; Columbus, OH 43215.
PROPOSED USE: Non-accessory parking lot and truck repair.
COLUMBUS SOUTH SIDE AREA COMMISSION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #3099-2026; Z26-030) to the L-M, Limited Manufacturing District for a non-accessory truck parking lot. The requested Council variance will address an active zoning code violation by allowing reduced development standards in the L-M, district, while also legitimizing the existing conditions at the site.
Title
To grant a Variance from the provisions of Sections 3312.27, Parking setback line; 3312.49(C), Required parking; 3363.27(b)(1)(b)(2), Height and area regulations, of the Columbus City Codes; for the property located at 1957 S. 4TH ST. (43206), to allow reduced development standards for limited manufacturing and storage uses in the L-M, Limited Manufacturing District (Council Variance #CV26-076).
Body
WHEREAS, by application #CV26-076, the owner of the property 1957 S. 4TH ST. (43206), requests a Council variance to allow reduced development standards for limited manufacturing and storage uses in the L-M, Limited Manufacturing District; and
WHEREAS, Section 3312.27, Parking setback line, requires a minimum 25-foot parking setback line along public streets, while the applicant proposes a reduced parking setback of ten feet along Hosack Street and South Fourth Street; and
WHEREAS, Section 3312.49(C), Required parking, requires two spaces per repair bay; for a total of 12 required parking spaces, while the applicant proposes to provide a total of zero spaces; and
WHEREAS, Section 3363.27(b)(1)(b)(2) Height and area regulations, requires that a building cannot be established between the building line and any street line and that such setback line shall be the required building setback; and requires a minimum 25 foot setback from residential districts for M, Manufacturing Districts, while the applicant proposes a reduced building setback line of ten feet for the north, west, and east property lines; and a minimum setback of ten feet from a residential district as shown on the site plan included with Ordinance #3099-2026 (Z26-030); and
WHEREAS, the Columbus South Side Area Commission recommends approval of said zoning change; and
WHEREAS, City Departments recommend approval as the requested Council variance will allow the owner to legitimize the existing conditions at the site by addressing an active zoning code violation; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate of Zoning Clearance for the proposed development; 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 1957 S. 4TH ST. (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 is hereby granted from the provisions of Sections 3312.27, Parking setback line; 3312.49(C), Required parking; 3363.27(b)(1)(b)(2), Height and area regulations, of the Columbus City Codes; for the property located at 1957 S. 4TH ST. (43206), insofar as said sections prohibit a reduced parking setback line from 25 feet to ten feet along Hosack Street and South Fourth Street; a parking space reduction from 12 required to zero provided spaces; a reduced building setback line from 25 feet to ten feet along Hosack Street and South Fourth Street; and reduced distance separation from residentially-zoned property from 25 feet to ten feet along the western property line; said property being more particularly described as follows:
1957 S. 4TH ST. (43206), being 0.83± acres located at the southwest corner of South Fourth Street and Hosack Street, and being more particularly described as follows:
ZONING DESCRIPTION
SUB AREA "A"
1957 S. FOURTH STREET
COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Lots 10, 11, 12, 13, and 14 as shown and delineated upon the plat "The Karch and Lyon's Subdivision" a subdivision of record in Plat Book 5, Page 288, and conveyed in a deed to 40 Merritt II LLC, of record in Instrument No. 202310270112815, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at the point of intersection of the southerly right of way line of Hosack Street (50.00 feet in width) and the westerly right of way line of S. Fourth Street (50.00 feet in width);
Thence South 03°36'08" West, along the westerly right of way line of S. Fourth Street, a distance of 114.00 feet to a point at the southeasterly corner of said Lot 14 and the intersection of said westerly right of way line with the northerly line of a 15-foot-wide alley as shown on said plat "The Karch and Lyon's Subdivision";
Thence North 86°16'52" West, along the northerly line of said 15-foot-wide alley, a distance of 175.00 feet to a point at the southwesterly corner of said Lot 10 and the southeasterly comer of Lot 9 of said plat "The Karch and Lyon's Subdivision";
Thence North 03°36'08" East along the common line to said Lots 9 and 10, a distance of 114.00 feet to a point in the southerly right of way line of Hosack Street, at the common comer to said Lots 9 and 1 O;
Thence South 86°16'52" East, along said southerly right of way line, a distance of 175.00 feet to the place of beginning and containing 0.458 acre of land.
Bearings herein are based of OPS observations utilizing the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011).
ZONING DESCRIPTION
SUB AREA "B"
1957 S. FOURTH STREET
COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Lots 19, 20, 21, and 22 as shown and delineated upon the plat "The Karch and Lyon's Subdivision" a subdivision of record in Plat Book 5, Page 288, and conveyed in a deed to 40 Merritt II LLC, of record in Instrument No. 202310270112815, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at the point of intersection of the northerly right of way line of Merritt Street (50.00 feet in width) and the westerly right of way line of S. Fourth Street (50.00 feet in width);
Thence North 86°16'52" West, along the northerly right of way line of Merritt Street, a distance of 140.22 feet to a point at the southwesterly comer of said Lot 19 and the southeasterly comer of Lot 18 of said plat, "The Karch and Lyon's Subdivision";
Thence North 03°36'08" East along the common line to said Lots 18 and 19, a distance of 114.60 feet to a point in the southerly line of a 15-foot-wide alley as shown on said plat, "The Karch and Lyon's Subdivision" at the common comer to said Lots 18 and 19;
Thence South 86°16'52" East, along the southerly line of said 15-foot-wide alley, a distance of 140.22 feet to a point at the intersection of said alley with the westerly right of way line of S. Fourth Street;
Thence South 03°36'08" West, along said westerly right of way line, a distance of 114.60 feet to the place of beginning and containing 0.369 acre of land.
Bearings herein are based of OPS observations utilizing the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011).
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses allowed in the L-M, Limited Manufacturing District, specified by Ordinance #3099-2026; Z26-030.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Zoning Clearance for the proposed development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.