Explanation
Council Variance: CV14-034
APPLICANT: Dominic Howley; c/o Amy Kuhn, Atty.; Plank Law Firm, LPA, 145 East Rich Street, FL 3; Columbus, OH 43215.
PROPOSED USE: Barber shop, salon, and day spa.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site is zoned C-2, Commercial District and is developed with an office building. The applicant proposes to use 3,000 square feet of the 8,844 square foot building as a barber shop, salon, and day spa. A barber shop, salon, and day spa are low-intensity commercial uses compatible with the office. Because the variance will not alter the overall use of the site as an office, the variance will not adversely affect the surrounding property or surrounding neighborhood.
Title
To grant a Variance from the provisions of Section 3353.03, C-2, Commercial District Permitted Uses for the property located at 1545 BETHEL ROAD (43220) to allow a barber shop, salon, and day spa in the C-2 Commercial District (Council Variance #CV14-034).
Body
WHEREAS, by application No. CV14-034 , the owners of property at 1545 BETHEL ROAD (43220), are requesting a Variance to allow a barber shop, salon, and day spa in the C-2 Commercial District; and
WHEREAS, Section 3353.03, C-2 Commercial District Permitted Uses, permits offices, while the applicant proposes to allow a barber shop, salon, and day spa as a permitted use; and
WHEREAS, City Departments recommend approval because the proposed beauty barber shop, salon and day spa is a low-intensity use compatible with office uses in the C-2, Commercial District, and because sufficient parking is being provided; 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 1545 BETHEL ROAD (43220), 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 granted from the provisions of Sections 3353.03, C-2, Commercial District, Permitted Uses of the Columbus City codes for the property located at 1545 BETHEL ROAD (43220), insofar that said sections prohibit a barber shop, salon, and day spa in the C-2, Commercial District; said property being more particularly described as follows:
LEGAL DESCRIPTION
1545 BETHEL ROAD (43220), being 0.73± acres located on the south side of Bethel Road, 780± feet west of Godown Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Quarter Township 1, Township 1, Range 19, United States Military Lands, more or less, said 0.733 acres being in Reserve containing 0.733 acres of land, more "B" as the same is designated and delineated upon the recorded plat of The Gables South, of record in Plat Book 42, page 93, said 0.733 acres also being part of that 1.458 acre tract of land described in a deed to Newtowne Development Co., Inc., of record in Deed Book 3701, page 411, both being of record in the Recorder's Office, Franklin County, Ohio, said 0.733 acres being more particularly described as follows:
Beginning, for reference, at the northeasterly corner of said Reserve "B" in the southerly right-of-way line of Bethel Road, said reference point of beginning also being the northeasterly corner of said 1.458 acre tract; thence, from said reference point of beginning, N. 86 deg. 30' 00" W, with the southerly right-of-way line of said Bethel Road, with the northerly line of said Reserve "B" and with the northerly line of said 1.458 acre tract, a distance of 135.34 feet to the true point of beginning;
Thence, from said true point of beginning, southwardly, crossing both said Reserve "B" and said 1.458 acre tract, the following three courses and distances:
1. S. 2 deg. 54' 53" W, a distance of 106.75 feet to a point;
2. S. 17 deg. 05' 07" E, a distance of 85.52 feet to a point;
3. S. 2 deg. 54' 53" W, a distance of 73.21 feet to a point in the southerly line of said Reserve "B", the same being in the southerly line of said 1.458 acre tract;
Thence, N. 86 deg. 30' 00" W, with the southerly line of said Reserve "B" and with the southerly line of said 1.458 acre tract, a distance of 139.77 feet to the southwesterly corner of said 1.458 acre tract, the same being the southeasterly corner of the tract of land conveyed to Frederick T. Forster and Philip G. Fankhauser by deed of record in Deed Book 3716, page 257, Recorder's Office, Franklin County, Ohio;
Thence, N. 3 deg. 08' 38" E, with the westerly line of said 1.458 acre tract, with the easterly line of said Frederick T. Forster and Philip G. Fankhauser tract and crossing said Reserve "B", a distance of 260.01 feet to the northwesterly corner of said 1.458 acre tract in the northerly line of said Reserve "B", the same being the northeasterly corner of said Frederick T. Forster and Philip G. Fankhauser tract and in the southerly right-of-way line of said Bethel Road;
Thence, S. 86 deg. 30' 00" E, with the southerly right-of-way line of said Bethel Road, with the northerly line of said Reserve "B" and with the northerly line of said 1.458 acre tract, a distance of 109.48 feet to the true point of beginning and containing 0.733 acres of land, more or less.
SECTION 2. That this ordinance is conditioned upon and shall remain in effect only for so long as said property is used for a barber shop, salon, and day spa occupying not more than 3,000 square feet of the building or for those uses permitted in the C-2 Limited Commercial District.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.