Explanation
Council Variance Application: CV04-028
APPLICANT: Richard M. Kuykedall; c/o Jackson B. Reynolds, III, Atty; 37 West Broad Street; Columbus, Ohio 43215.
PROPOSED USE: Commercial and office use.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant wishes to re-establish commercial and office uses on the ground floor of a two-story building with three apartment units located on the second floor in the AR-1, Apartment Residential District. The applicant also requests variances to allow maneuvering within the right-of-way and a reduction of several parking spaces utilize an existing parking lot. Staff reccommends approval because low intensity neighborhood commercial and office uses are consistent with the development pattern of the surrounding area
Title
To grant a Variance from the provisions of Sections 3333.02, AR-1, Apartment Residential District; 3342.15, Maneuvering; and 3342.28, Minimum number of parking spaces required of the Columbus City Codes for property located at 1641 SULLIVANT AVENUE (43223), to permit office and commercial uses in the AR-1, Apartment Residential District with reduced parking and maneuvering. (Council Variance # CV04-028)
Body
WHEREAS, by application No. CV04-028 the owner of property at 1641 SULLIVANT AVENUE (43223), is requesting a Council variance to permit office and commercial uses in the AR-1, Aprtment Residential District; and
WHEREAS, Section 3333.02, AR-1, Apartment Residential District, prohibits commercial and office land uses, while the applicant proposes to use the ground floor for commercial and/or office uses; and
WHEREAS, the building formerly housed ground floor commercial and offices uses; and
WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area which may include an aisle, circulation area or improved alley, while the applicant proposes to use an existing parking lot which utilizes the Catherine Street right-of-way for maneuvering; and
WHEREAS, Section 3342.28, Minimum Number of Parking Spaces Required, requires off-street parking at code required ratios for each use which would equate to a requirement of thirteen (13) parking spaces, while applicant proposes to provide six (6) parking spaces for all uses; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, the City Departments recommend approval because low intensity neighborhood commercial and office uses are consistent with the development pattern of the surrounding area; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; 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 1641 SULLIVANT AVENUE (43223), 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 Sections3333.02, AR-1, Apartment Residential District; 3342.15, Maneuvering; 3342.28, Minimum number of parking spaces required, of the Columbus City Codes for property located at 1641 SULLIVANT AVENUE (43223), insofar as said sections prohibit commercial and office uses in the AR-1, Apartment Residential District, with a reduction in the amount of Code required parking from thirteen spaces to six parking spaces with maneuvering into the Catherine Street right-of-way, said property being more particularly described as follows:
Situate in the State of Ohio, County of Franklin, City of Columbus: Being Lot Number One (1) of Bert Walter's Sullivant Avenue Addition to the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 7, page 208, Recorder's Office, Franklin County, Ohio.
Section 2. That this ordinance is conditioned on the following:
1. New vehicular circulation areas being subject to the approval of the Division of Transportation. The parking lot shall be paved and must be striped. No drive-through use shall be permitted.
2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for commercial uses listed in C.C. 3351.03 (B) including antique shops, retail stores (1,500 square feet or less), second hand goods store and tailors but excluding Ice Cream and Yogurt Stores, Post Offices, Specialty Food Stores; office uses as listed in C.C. 3353 (A)(C)and (E) shall be permitted as well excluding Banking, Commercial and Personal; Claims Adjusting offices, Consumer Lending, Credit Unions, Savings Institutions, Repossession Services, Tour Operators. Uses permitted in the AR-1, Apartment Residential District are permitted.
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.