Explanation
COUNCIL VARIANCE: CV04-015.
APPLICANT: David Kozar; 511 North Park Street; Columbus, OH 43215.
PROPOSED USE: To permit a commercial restaurant and accessory parking.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 0.253 Acre parcel is zoned RRR, Restricted Rural Residential and is presently developed with a dilapidated house. The parcel fronts on South High Street a short distance north of I-270. The parcel is surrounded by commercially zoned property. Commercial use of the property is appropriate. The Applicant proposes to develop this site and the adjacent property to the north in the C-4 District with a new restaurant. A variance is the only means to permit a commercial use in a residential district. The residential classification and existing use is inappropriate for the site. Applicant has submitted an application to rezone the property to a commercial district but requests to proceed by council variance to facilitate the development. A hardship exists due to the timing requirements of a purchase contract.
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To grant a variance from the provisions of Sections 3332.025, RRR, Restricted Rural Residential District Use, 3332.21, Building lines and 3332.27, Rear yard, of the Columbus City Codes for the property located at 3960 SOUTH HIGH STREET (43207), to permit a commercial restaurant and accessory commercial parking in the RRR, Restricted Rural Residential District (CV04-015).
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WHEREAS, by application No. CV04-015, the owner of property at 3960 SOUTH HIGH STREET (43207), is requesting a Council Variance to permit a commercial restaurant and accessory commercial parking in the RRR, Restricted Rural Residential District; and
WHEREAS, Section 3332.025, RRR, Restricted Rural Residential District use, does not permit commercial uses, while applicant proposes to develop a commercial restaurant and accessory commercial parking on this 0.253 acre parcel pending rezoning in conjunction with property zoned C-4, Commercial to the north; and
WHEREAS, applicant has also submitted a rezoning application (Z04-047) to rezone the property to a commercial district to follow-up this Council variance and establish appropriate commercial zoning; and
WHEREAS, Section 3332.21, Building lines, requires a 60-foot building setback based on the Columbus Thoroughfare Plan designation of South High Street as a 120-foot right-of-way, while applicant proposes a 58-foot building setback line; and
WHEREAS, Section 3332.27, Rear yard, requires a principal building to provide a rear yard totaling 25% of lot area, while the RRR district parcel is shallow, a rear yard of approximately 2% will be provided and with the rezoning of the property to a commercial district there is no rear yard setback requirement; and
WHEREAS, the City Departments recommend approval of said variance, noting that the applicant has filed a rezoning application to rezone the property to the C-4, Commercial District but needs to proceed with this development in advance of the normal schedule for completion of a rezoning because of a purchase contract deadline; and
WHEREAS, a hardship exists in that the proposed commercial use can only be permitted in the existing zoning district by variance and due to the timing requirements of a purchase contract deadline; and
WHEREAS, the granting of said variances 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, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; and
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That variances from the provisions of Sections 3332.025, RRR, Restricted Rural Residential District use, 3332.21, Building lines and 3332.27, Rear yard; of the Columbus City Codes are hereby granted for the property located at 3960 SOUTH HIGH STREET (43207), insofar as these sections prohibit development of the site with a commercial restaurant and accessory commercial parking, a building setback of 58-feet and a principal building with a 2% rear yard, in the RRR, Restricted Rural Residential District; said property being more particularly described as follows:
LEGAL DESCRIPTION OF A 0.253 ACRE TRACT
Being a 0.253 acre parcel off a 5 acre tract of land owned by Carolyn M. Nickman, being a part of Lot 4, Jonston Partition, situated in Section 16, Township 4, Range 22, Congress Lands, in Hamilton Township, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the center line of South High Street, said point being the northwest corner of the aforementioned 5 acre tract;
thence S. 72 deg. 33' East along the north boundary of said 5 acre tract, a distance of 180.03 lineal feet to an iron pin (and passing an iron pin in a distance of 30.00 lineal feet in the east line of South High Street);
thence South 18 deg. 34' West a distance of 60.00 lineal feet to an iron pin;
thence North 71 deg. 26' West a distance of 180.00 lineal feet to a point in the center line of South High Street, said point being in the west boundary of said 5 acre tract (and passing an iron pin in a distance of 150.00 lineal feet on the east line of South High Street);
thence North 18 deg. 34' East with the center line of South High Street a distance of 60.00 lineal feet along the west boundary of said 5 acre tract to the place of beginning and there to terminate, containing 0.253 acres of land, more or less.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a commercial restaurant and accessory commercial parking or those uses in RRR, Restricted Rural Residential District.
Section 3. That this ordinance is further conditioned in that the restaurant is being developed on the 0.253 acre RRR, Restricted Rural Residential District parcel as well as adjacent property to the north that is presently zoned C-4, Commercial, and shall be subject to the following,
a. Upon applicant's purchase of the RRR parcel (010-111572) and a portion of the adjacent C-4 parcel (010-016874), the RRR parcel and that portion of the adjacent C-4 parcel shall be combined to form one (1) tax parcel comprising the overall restaurant site. The parcel combination may occur after the issuance of a Certificate of Zoning Clearance but will occur prior to the issuance of a building permit.
b. In conjunction with this variance application, a traffic access study (Traffic Engineering Services by Gerald L. Wilcox, P.E., May 14, 2004) was prepared for analysis of a right-in/right-out curbcut on South High Street. The Division of Transportation has approved the study and right-in/right-out access shall be permitted, as specified in the study, subject to Division of Transportation approval of final engineered plans.
c. South High Street right-of-way totaling 54-feet from centerline presently exists. The City of Columbus has waived obtaining any additional right-of-way, but any portion of the existing 54-feet of right-of-way from centerline not presently owned in fee by the City of Columbus shall be conveyed to the City of Columbus prior to the issuance of a Certificate of Zoning Clearance building permit for the restaurant.
d. The applicant shall comply with the minimum 10-foot parking and 58-foot building setbacks depicted on the plan dated April 12, 2004 titled, "STAKING AND PAVING PLAN FOR WAFFLE HOUSE," and signed on July 1, 2004 by David Kozar, Applicant. All other information depicted on this plan is intended only to show current site development plans and is not being committed to.
Section 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.