Explanation
Council Variance Application: CV06-054
APPLICANT: Andrea Mulholland; c/o Darryl G. Rogers, Architect; 264 South Third Street; Columbus, Ohio 43215
PROPOSED USE: To expand an existing dental office.
GERMAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. A dental office was originally permitted on the site by council variance in 1970 and altered when another council variance was approved in 1995. This request would allow the applicant to expand the dental office by 89 square feet. Variances are also being requested to allow the lot coverage to exceed 50%, with a maximum of 52.95%, and to vary the parking requirement from nine (9) to the existing five (5) spaces. Approval of this request will not introduce a new or incompatible use into the neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential district; 3332.18(D), Basis of computing area; and 3342.18, Minimum number of parking spaces required, for the property located at 601 SOUTH THIRD STREET (43206), to permit expansion of an existing dental office with reduced development standards in the R-2F, Residential District and to declare an emergency. (Council Variance #CV06-054)
Body
WHEREAS, by application No. CV06-054, the owners of property at 601 SOUTH THIRD STREET (43206), are requesting a Council variance to permit expansion of an existing dental office in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential district, prohibits dental offices, while the applicant proposes to expand an existing dental office permitted by a previous council variance (CV95-016); 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; and
WHEREAS, Section 3332.18(D), Basis of computing area, prohibits buildings from occupying more than fifty (50) percent of the lot area, while the applicant proposes building lot coverage of 52.95%; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires nine (9) spaces for the dental office, while the applicant proposes to maintain the existing five (5) spaces; and
WHEREAS, The German Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because this variance will not introduce a new or incompatible use into the neighborhood. A dental office was originally permitted on the site by council variance in 1970 and altered when another council variance was approved in 1995. This request would allow the applicant to expand the dental office by 89 square feet. Variances are also being requested to allow the lot coverage to exceed 50%, with a maximum of 52.95%, and to vary the parking requirement from nine (9) to the existing five (5) spaces; 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 601 SOUTH THIRD STREET (43206), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. Variances from the provisions of Sections 3332.037, R-2F, Residential district; 3332.18(D), Basis of computing area; and 3342.18, Minimum number of parking spaces required,, for the property located at 601 SOUTH THIRD STREET (43206), insofar as said sections prohibit a 2,120 square foot dental office with 52.95% lot coverage and five (5) parking spaces, said property being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, and State of Ohio:
BEING a part of the east half of Inlot Number SEVEN HUNDRED FIFTEEN (715) in John McGown's Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Deed Book "G", page 70, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
BEGINNING at an iron pin set in the west line of Third Street which iron pin is distant 24.70 feet north measured along said west line from a cross set in concrete at the south-east corner of said lot 715, said cross being also distant north 394.53 feet measured along the west line of Third Street from the intersection of said west line with the north line of Sycamore Street (66.0 feet wide); thence westerly and parallel to the south line of Willow Alley 42 feet to an iron pin; thence northerly and parallel to the west line of Third Street 10 feet to an iron pin; thence westerly and parallel with the South line of Willow Alley 31.75 feet to an iron pin in the west line of the east one-half of Lot No. 715 which iron pin is distant northerly 34.70 feet from the southwest corner of said easterly one-half of Lot No. 715; thence northerly and parallel to the west line of Third Street 26.2 feet to an iron pin in the south line of said Willow Alley; thence easterly with the south line of Willow Alley ; thence easterly with the south line of Willow Alley 93.75 feet to its intersection with the west line of Third Street (82.5 feet wide); thence southerly with the west line of Third Street 36.2 feet to the place of beginning, according to a survey by Byron T. Jones, Registered Surveyor, May, 1948.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a dental office, or those uses permitted in the R-2F, Residential District.
Section 3. That Ordinance 927-95, passed May 1, 1995, is hereby repealed.
Section 4. That this ordinance is further conditioned that the building shall be a maximum of 2,120 square feet.
Section 5. That this ordinance is further conditioned that the building expansion be consistent with the Certificate of Appropriateness from the German Village Commission and the drawings titled, "601 South Third Street, 1 of 2 and 2 of 2", signed and dated by the applicant Darryl G. Rogers, architect, November 17, 2006. Any slight adjustments to the site plan and/or elevations 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 6. That this ordinance is further conditioned on the applicant obtaining all applicable permits.
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.