Explanation
Council Variance Application: CV05-032
APPLICANT: Columbus Compact Corporation and City of Columbus Department of Development; c/o Jonanthan C. Beard, President; Columbus Compact Corporation; 1000 East Main Street; Columbus, OH 43205.
PROPOSED USE: Art dealer business/gallery.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a 2,700 square-foot single-family dwelling. The applicant is requesting a Council variance to convert the building into an art dealer business/gallery in the R-2F, Residential District. A variance is necessary because the R-2F District prohibits commercial uses. Variances to conform the building's existing conditions and for the minimum number of required parking spaces are also included in the request. The site lies within the Near East Area Plan (1995), which encourages the development of a cultural district on Long Street and Mount Vernon Avenue. The Plan is currently undergoing an update, and the draft Plan provides criteria to assess the appropriateness of locating commercial uses in residential districts, including adjacency to commercial districts and the availability of shared parking, and benefits that the proposed use would offer to the neighborhood. The site also lies within the planning area of the King-Lincoln District Plan (2002), which encourages mixed-use development, including businesses, at appropriate locations. Staff has determined that the proposed use is consistent with several recommendations of these Plans because of the site's close proximity to both Long Street and Mount Vernon Avenue. A hardship exists in that an art dealer business/gallery is prohibited in the R-2F District, and retaining the current zoning district will ensure that the residential character of the building will remain.
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To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential district; 3332.05, Area district lot width requirements; 3332.26, Minimum side yard permitted; and 3342.28, Minimum number of parking spaces required; of the Columbus City codes for the property located at 187 HAMILTON AVENUE (43203), to permit an art dealer business/gallery with reduced development standards in the R-2F, Residential District and to declare an emergency. (Council Variance # CV05-032)
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WHEREAS, by application #CV05-032, the owner of the property at 187 HAMILTON AVENUE (43203), is requesting a Variance to permit the conversion of a single-family dwelling into an art dealer business/gallery with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential district, prohibits commercial uses, while the applicant proposes to convert an existing single-family dwelling into an art dealer business/gallery with reduced development standards; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance in order that this development in the King Lincoln District can proceed as quickly as possible; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires that no building shall be erected or altered on a lot with a width measurement at the front line of no less than fifty (50) feet in the R-2F, Residential District, while the applicant proposes to alter an existing building on a lot with a 34.87-foot width; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than three (3) feet for a forty (40) feet wide lot or less, while the applicant proposes to maintain a minimum side yard of zero (0) feet along the north property line for the existing building; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires one (1) parking space for every 250 square feet of art gallery space, a total of eleven (11) spaces, while the applicant proposes zero (0) parking spaces for the existing building; and
WHEREAS, this variance will allow the conversion of an existing single-family dwelling into an art dealer business/gallery with reduced development standards in the R-2F, Residential District; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the site is developed with a 2,700 square-foot single-family dwelling and the applicant is requesting a Council variance to convert the building into an art dealer business/gallery in the R-2F, Residential District. A variance is necessary because the R-2F District prohibits commercial uses. Variances to conform the building's existing conditions and for the minimum number of required parking spaces are also included in the request. The site lies within the Near East Area Plan (1995), which encourages the development of a cultural district on Long Street and Mount Vernon Avenue. The Plan is currently undergoing an update, and the draft Plan provides criteria to assess the appropriateness of locating commercial uses in residential districts, including adjacency to commercial districts and the availability of shared parking, and benefits that the proposed use would offer to the neighborhood. The site also lies within the planning area of the King-Lincoln District Plan (2002), which encourages mixed-use development, including businesses, at appropriate locations. Staff has determined that the proposed use is consistent with several recommendations of these Plans because of the site's close proximity to both Long Street and Mount Vernon Avenue. A hardship exists in that an art dealer business/gallery is prohibited in the R-2F District, and retaining the current zoning district will ensure that the residential character of the building will remain; 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 885 EAST LONG STREET (43203), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.037, R-2F, Residential district; 3332.05, Area district lot width requirements; 3332.26, Minimum side yard permitted; and 3342.28, Minimum number of parking spaces required; of the Columbus City codes for the property located at 187 HAMILTON AVENUE (43203), insofar as said sections prohibit an art dealer business/gallery on a 34.87-foot wide lot, with a reduced minimum side yard from 3 feet to 0 feet along the north property line, and a parking space reduction from a 11 total required spaces to 0 spaces; said property being more particularly described as follows:
187 HAMILTON AVENUE (43203), being 0.12± acres located on the west side of Hamilton Avenue, 80± feet south of Spring Street, and being more particularly described as follows:
PARCEL NO. 010-47935
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus.
Being Lot Number One Hundred Eighty-eight (188) of EAST PARK PLACE ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 61, Recorder's Office, Franklin, County, Ohio. Excepting there from the following strip of land beginning at a point in the Northwest corner of Lot 188 and the Southwest corner of Lot 197 on the East line of Brier Alley, said point being more or less 149 feet right of center line station 22 plus 15; Thence, in an easterly direction along the North line of Lot 188, and the South line of Lot 197, a distance of 12.04 feet to a point; said point being right-of-way line of the Fort Hayes Interchange; Thence in a southerly direction along the said right-of-way line a distance of 34.93 feet to a point, said point being on the South line of Lot 188; Thence, in a westerly direction along the South line of Lot 188 and the North Line of Lot 185, a distance of 14.04 feet to a point being the Southwest corner of Lot 188; Thence in a northerly direction along the West line of Lot 188, and the East line of Brier Alley, a distance of 34.87 feet to the place of beginning, containing 455 square feet more or less. Said stations are those described in the centerline description of the Fort Hayes Interchange which is on file at the Franklin County Engineer's Office.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as an art dealer business/gallery, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "187 HAMILTON AVENUE," drawn by Columbus Compact Corporation, dated August 16, 2005, and signed by Jonathan C. Beard, Applicant. The Zoning Site 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 Zoning Site Plan shall be subject to review and approval by the Director of the Department of Development, or his 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 use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.