Explanation
Council Variance Application: CV05-034
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: Mixed-use commercial building.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with an 8,000 square-foot vacant commercial building. The applicant is requesting a Council Variance to renovate the building and allow limited commercial uses on the first floor and office uses on the second floor in the R-2F, Residential District. The site was rezoned from the C-4, Commercial District to the R-2F, Residential District as part of the 1974 Model Cities rezoning. A variance is necessary because the R-2F District prohibits commercial uses. Variances to conform the building's existing conditions are also included in the request. The site lies within the Near East Area Plan (1995), which encourages mixed use development including commercial and apartment/office uses along Long Street. The Plan is currently undergoing an update, and the draft Plan denotes East Long Street as a Commercial Node District and recommends higher density residential and mixed-use development for this corridor. The site also lies within the planning area of the King-Lincoln District Plan (2002), which encourages an Arts and Entertainment Center and shared parking district along Long Street west of Monroe Avenue. The site is included within the Long Street Neighborhood Commercial Revitalization area, and is within the Urban Commercial Overlay. A hardship exists in that a commercial use had already been established on this site, and various City plans and overlays recommend commercial use of the site, but the R-2F zoning designation prevents renovation of the building and limited commercial uses without City Council action.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential district; 3332.18, Basis of computing area; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.28, Minimum number of parking spaces required; 3342.29, Minimum number of loading spaces required; and 3372.611, Design standards; of the Columbus City codes for the property located at 821 EAST LONG STREET (43203), to permit a mixed-use commercial building with reduced development standards in the R-2F, Residential District and to declare an emergency. (Council Variance # CV05-034)
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WHEREAS, by application #CV05-034, the owner of the property at 821 EAST LONG STREET (43203), is requesting a Variance to permit a mixed-use commercial building 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 allow an existing mixed-use commercial building 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 3332.18, 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 no dwelling and to maintain a ninety-one (91) percent lot coverage for the existing building; and
WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard to equal twenty (20) percent of the lot width, or 13.1 feet, while the applicant proposes to maintain a maximum side yard of zero
(0) feet for the existing building; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes a minimum side yard of zero (0) feet along the east and west property lines for the existing building; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes to maintain a two (2) percent rear yard for the existing building; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, one (1) parking space for every 300 square feet of general office space, one (1) parking space for every 250 square feet of retail space, and one (1) parking space for every 75 square feet of restaurant space, or a maximum requirement of sixty-eight (68) spaces, while the applicant proposes to maintain zero (0) parking spaces for the existing building; and
WHEREAS, Section 3342.29, Minimum number of loading spaces required, requires that commercial buildings that are five thousand (5,000) square feet or more but less than ten thousand (10,000) square feet provide one loading space, while the applicant proposes to maintain zero (0) loading spaces for the existing building; and
WHEREAS, Section 3372.611(B), Design standards, requires that a building frontage that exceeds a width of fifty (50) feet shall include vertical piers or other vertical visual elements to break the plane of the building frontage spaced at intervals of fifteen (15) to thirty-five (35) feet, while the applicant proposes no vertical piers or visual elements along the frontage of the existing building; and
WHEREAS, this variance will allow the renovation of an existing mixed-use commercial building 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 an 8,000 square-foot vacant commercial building, and the applicant is requesting a Council Variance to renovate the building and allow limited commercial uses on the first floor and office uses on the second floor in the R-2F, Residential District. The site was rezoned from the C-4, Commercial District to the R-2F, Residential District as part of the 1974 Model Cities rezoning. A variance is necessary because the R-2F District prohibits commercial uses. Variances to conform the building's existing conditions are also included in the request. The site lies within the Near East Area Plan (1995), which encourages mixed use development including commercial and apartment/office uses along Long Street. The Plan is currently undergoing an update, and the draft Plan denotes East Long Street as a Commercial Node District, and recommends higher density residential and mixed-use development for this corridor. The site also lies within the planning area of the King-Lincoln District Plan (2002), which encourages an Arts and Entertainment Center and shared parking district along Long Street west of Monroe Avenue. The site is included within the Long Street Neighborhood Commercial Revitalization area, and is within the Urban Commercial Overlay. A hardship exists in that a commercial use had already been established on this site, and various City plans and overlays recommend commercial use of the site, but the R-2F zoning designation prevents renovation of the building and limited commercial uses without City Council action; 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 821 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; 3332.18, Basis of computing area; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.28, Minimum number of parking spaces required; 3342.29, Minimum number of loading spaces required; and 3372.611, Design standards; of the Columbus City codes for the property located at 821 EAST LONG STREET (43203), insofar as said sections prohibit a mixed-use commercial building with an increased lot coverage of 91% from a 50% maximum, a reduced maximum side yard from 13.1 feet to 0 feet, a reduced minimum side yard from 5 feet to 0 feet along the east and west property lines, a reduced rear yard to 2% from a 25% minimum, a parking space reduction from a potential of 68 spaces to 0 spaces, a loading space reduction from 1 required to 0 spaces, with no vertical piers or visual elements along the frontage of the existing building; said property being more particularly described as follows:
821 EAST LONG STREET (43203), being 0.09± acres located on the south side of East Long Street, 115± feet west of Monroe Avenue, and being more particularly described as follows:
PARCEL NO: 010-023992
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus.
Being as undivided interest in Lots Number Four (4) and Number Five (5) of Thomas S. Gates' Subdivision of Lots Nos. 36 and 37 of Mitchell and Watson's East Grove Addition to the City of Columbus, Ohio as the same are numbered and delineated upon the recorded plat thereof of record in Plat Book 5, Page 55, Recorder's Office, Franklin County, Ohio subject to all covenants, conditions, easements and restrictions effecting said premises of record in the Recorder's Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a mixed-use commercial building, 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 "821 EAST LONG STREET," drawn by Columbus Compact Corporation, dated August 16, 2005, and signed by Jonathan C. Beard, President. 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 following permitted uses that can be established in the building:
First Floor Uses:
Baked Goods Stores; Cafes; Delicatessens and Restaurants; Florists; Gift, Novelty and Souvenir Stores; Specialty Food Stores; Radio and Television Broadcasting Stations and Studios; Recording Studios; Art Dealers and Galleries; Arts and Crafts Stores; Compact Disc, Music, Record and Video Stores (includes rental); and Jewelry Stores.
Offices for Public and Miscellaneous Services (as listed in Section 3353.03 D.) not to exceed 800 square feet of gross floor area on the first floor.
Second Floor Uses:
Accounting and Bookkeeping Services; Advertising Services; Architectural, Drafting, Engineering, Graphic and Landscape Design Services; Certified Public Accountants; Display Advertising Offices; Interior Design Services; Lawyers and Legal Services; Management, Companies and Enterprises and Consulting Services; Public Relations Agencies; Art Studios (no retail sales); Offices for Social Services; and Offices for Public and Miscellaneous Services.
SECTION 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 6. That this ordinance is further conditioned upon compliance with Urban Commercial overlay requirements if the existing building is replaced with a new building.
SECTION 7. 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.