Explanation
Council Variance Application # CV09-017
APPLICANT: John F. Heil; c/o Christopher A. Rinehart, Atty.; Rinehart, Rishel & Cuckler, Ltd.; 300 East Broad Street, Suite 450; Columbus, OH 43215.
PROPOSED USE: Retail pizza shop and second floor apartment.
COLUMBUS SOUTH SIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a 2,500 square-foot vacant commercial building with one apartment on the second floor in the R-3, Residential District. The building was originally constructed in 1930 and the lower-level commercial space had been previously used for restaurant or retail purposes. The requested Council variance will allow a pizza shop on the first floor while maintaining the apartment on the second floor. The site is located within the boundaries of The Southside Plan (1997), which recommends that residential properties be protected from the expansion of commercial sites. The applicant has agreed to remove asphalt from the front of the building which will soften the commercial appearance of the building. Since the first floor has always been used commercially and is located in an urban neighborhood, Staff is supportive of the proposed uses and the variances which are requested to conform existing conditions.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, Residential District; 3312.21(B), Landscaping and screening; 3312.27, Parking setback line; 3312.49, Minimum numbers of parking spaces required; 3321.05(B)(2), Vision clearance; 3332.05, Area district lot width requirements; 3332.18(D), Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes, for the property located at 181 EAST INNIS AVENUE (43207), to permit a retail pizza shop and second floor apartment with reduced development standards in the R-3, Residential District and to declare an emergency(Council Variance # CV09-017).
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WHEREAS, by application #CV09-017, the owner of property at 181 EAST INNIS AVENUE (43207), is requesting a Variance to permit a retail pizza shop and second floor apartment with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, Residential District, does not permit a retail pizza shop and second floor apartment, while the applicant proposes to convert a vacant commercial tenant space into a retail pizza shop and maintain an apartment on the second floor; and
WHEREAS, Section 3312.21 (B), Landscaping and screening, requires perimeter landscaping and screening in commercial parking lots, while the applicant proposes to maintain no landscaping and screening for the existing parking lot; and
WHEREAS, Section 3312.27, Parking setback line, requires a minimum ten (10) foot parking setback line, while the applicant proposes to maintain a zero (0) foot parking setback line for the existing parking lot along South Sixth Street; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires one (1) parking space per 250 square feet of retail space, and two (2) parking spaces per dwelling unit, a total of seven (7) required spaces, while the applicant proposes two (2) parking spaces; and
WHEREAS, Section 3321.05(B) (2), Vision clearance, requires that a clear vision triangle shall be maintained on each residential lot adjacent to a street intersection, while the applicant proposes to maintain encroachment into the clear vision triangle at the intersection of East Innis Avenue and South Sixth Street.
WHEREAS, Section 3332.05, Area district lot width requirements, requires a minimum lot width of fifty (50) feet in the R-3, Residential District, while the applicant proposes to maintain a lot width of thirty-three feet (33'); and
WHEREAS, Section 3332.18(D), Basis of computing area, requires that no dwelling shall occupy alone or together with any other building greater than fifty (50) percent of the lot area, while the applicant proposes a lot coverage of approximately eighty percent (85%) for the building, ADA ramp, front porch, and parking area; and
WHEREAS, Section 3332.21, Building lines, requires the setback to be the average distance of building setbacks on contiguous lots or parcels, but in no case less than ten (10) feet, while the applicant proposes a zero (0) foot building line along South Sixth Street; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to be 6.66 feet, while the applicant proposes an approximate one foot (1') maximum side yard for the existing building; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires side yards to be no less than three feet (3') on a lot that is thirty-three feet wide, while the applicant proposes to maintain a side yard of approximately one foot (1') along the east property line for the existing building; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five percent (25%) of the total lot area, while the applicant proposes to maintain a rear yard of zero percent (0%); and
WHEREAS, this variance will permit a retail pizza shop and second floor apartment with reduced development standards in the R-3, Residential District; and
WHEREAS, the Columbus South Side Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance would allow a pizza shop on the first floor while maintaining an apartment on the second floor of a building that has always been used commercially since it was constructed in 1930. The applicant has agreed to remove asphalt from the front of the building which will soften the commercial appearance of the building; 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 181 EAST INNIS AVENUE (43207), in using said property as desired, 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 to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; now, therefore: now, therefore:
SECTION 1. That a variance from the provisions of Sections 3332.035, R-3, Residential District; 3312.21(B), Landscaping and screening; 3312.27, Parking setback line; 3312.49, Minimum numbers of parking spaces required; 3321.05(B)(2), Vision clearance; 3332.05, Area district lot width requirements; 3332.18(D), Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; is hereby granted for the property located at 181 EAST INNIS AVENUE (43207), insofar as said sections prohibit a retail pizza shop and second floor apartment, with no parking lot landscaping, a 0-foot parking setback line along South Sixth Street, a parking space reduction from 7 spaces to 2 spaces, encroachment of the building into the clear vision triangle of East Innis Avenue and South Sixth Street, lot width of 33', approximately 85% lot coverage, a 0-foot building line along South Sixth Street, maximum side yard of approximately 1', a minimum side yard of approximately 1' along the east property line, and a 0% rear yard; said property being more particularly described as follows:
181 EAST INNIS AVENUE (43207), being 0.09± acres located at the southeast corner of East Innis Avenue and South Sixth Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number Fifteen (15) of Linton and McLarren's South Side Addition to Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Deed Book 348, Page 1, Recorder's Office, Franklin County, Ohio, except so much thereof as has been conveyed to the City of Columbus as Public Highways in Volume 345, Page 410 of the Deed Records of Franklin County, Ohio.
Property Address: 181 East Innis Avenue, Columbus, Ohio, 43207
Permanent Parcel No.: 010-009619
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used a retail pizza shop or other similar carry-out food use with one second-story apartment, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance is further conditioned upon the applicant removing asphalt from the front of the building and replacing with grass, landscaping, and/or pavers.
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..