Explanation
Council Variance Application: CV24-087
APPLICANT: Adnad Asif c/o Douglas Graff, Atty.; 604 Rich Street; Columbus, OH 43215
PROPOSED USE: Food and beverage retail.
ITALIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two parcels developed with a commercial building and a parking lot in the R-4, Residential District. The requested Council variance will allow food and beverage retail within the existing building. A Council variance is required because retail uses are not allowed in the R-4 district. The site is not located within the boundaries of any Council adopted land use plan, but is located within the Short North Special Parking District. Staff is supportive of the requested retail use which will utilize an existing commercial building at this location, and will not introduce an incompatible use to the area. Any exterior modifications to the existing building are subject to a Certificate of Appropriateness from the Italian Village Commission.
Title
To grant a Variance from the provisions of Section 3332.039, R-4 residential district, of the Columbus City Codes; for the property located at 1041 SUMMIT ST. (43201), to allow food and beverage retail in the R-4, Residential District (Council Variance #CV24-087).
Body
WHEREAS, by application #CV24-087, the owner of the property at 1041 SUMMIT ST. (43201), is requesting a Variance to allow food and beverage retail in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4 residential district, does not allow commercial uses, while the applicant proposes a food and beverage retail establishment within the existing commercial building; and
WHEREAS, the Italian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the proposal will utilize the existing commercial building at this location and will not introduce and incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed food and beverage retail 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 1041 SUMMIT ST. (43201), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is hereby granted from the provisions of Section 3332.039, R-4 residential district, of the Columbus City Codes; for the property located at 1041 SUMMIT ST. (43201), insofar as said section prohibits a food and beverage retail establishment in the R-4, Residential District; said property being more particularly described as follows:
1041 SUMMIT ST. (43201), being 0.19± acres located at the northwest corner of Summit Street and East 3rd Avenue, and being more particularly described as follows:
Tract 1:
Being Lot Number Two (2) of the Subdivision of Lot No. 31 of William Phelan's Mt. Pleasant Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 187, Recorder's Office, Franklin County, Ohio.
Tract 2:
Being Lots Three (3) and Four (4) of Edward S. Sorrin's Subdivision of Lot No. Thirty-One (31) in William Phelan's Mt. Pleasant Addition to said City as per plat of said Addition and Subdivision of record in Plat Book No. 1, Page 187, Recorder's Office, Franklin County, Ohio. Said premises hereby conveyed are more particularly described as follows:
Commencing at an iron pipe set at the intersection of the Northerly line of Third Avenue with the Westerly line of Summit Street; thence Northerly along the Westerly line of Summit Street, One Hundred Twenty (120) feet to an iron pipe in the southerly line of an alley; thence Westerly along said Southerly line of said alley (same being the Northerly lines of said Lots 3 and 4), a distance of Seventy (70) feet to an iron pipe at the Northwest comer of said Lot Three (3); thence Southerly along the Westerly line of said Lot No. Three (3) (same being also parallel with Summit Street), a distance of One Hundred Twenty (120) feet to an iron pipe in the Northerly line of Third Avenue; thence Easterly along the Northerly line of Third Avenue, seventy (70) feet to the place of beginning.
Address: 1041 Summit Street, Columbus, OH 43201
Parcel Number’s: 010-008895 & 010-015760
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a food and beverage establishment, or those uses allowed in the R-4, 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 food and beverage retail use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.