Explanation
Council Variance Application: CV10-037
APPLICANT: Brothers Drake Ltd; 206 Oak Street; Columbus, OH 43235.
PROPOSED USE: Honey wine making operation or "meadery" with office, tasting room and art gallery.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council Variance to allow a meadery in the C-3, Commercial District for the production of mead (honey wine). Such a use is permitted only in the M and M-1, Manufacturing Districts; therefore a Council variance is required. The property will house the business office, product development, tasting room, manufacturing and warehousing for the product. The facility will have an art gallery and bar associated with it, although these uses are already permitted in the C-3, Commercial District. The facility will not emit any kind of odor normally associated with micro-breweries that ferment and distill beer. This site is adjacent to a micro-distillery that was approved via CV09-003 on July 6, 2009. The applicant proposes no additional parking for the site while five more parking spaces would be required. There is no place for additional parking on the site and Staff finds this parking variance to be negligible. Staff considers the proposed uses consistent and compatible with the uses in the area.
Title
To grant a Variance from the provisions of Sections 3355.03, C-3 Permitted Uses and 3312.49 Minimum numbers of parking spaces required, of the Columbus City Codes for the property located at 26-30 EAST FIFTH AVENUE (43201), to permit a meadery with reduced parking in the C-3, Commercial District and to declare an emergency (Council Variance # CV10-037).
Body
WHEREAS, by application No. CV10-023, the owner of property at 26-30 EAST FIFTH AVENUE (43201), is requesting a Council Variance to permit a meadery in the C-3, Commercial District; and
WHEREAS, Section 3355.03, C-3 Permitted uses, does not permit a meadery, while the applicant proposes a meadery; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires 1 parking space per 400 square feet of space used for the art gallery which equates to two (2) parking spaces for 500 square feet of art gallery space and 1 parking space per 750 square feet for 2200 square feet of manufacturing space use for a total of five (5) parking spaces for those two uses, while the applicant proposes zero (0) parking spaces for these uses; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of said ordinance because Staff considers the proposed uses consistent and compatible with the uses in the area. The applicant is requesting a Council Variance to allow a meadery in the C-3, Commercial District for the production of mead (honey wine). Such a use is permitted only in the M and M-1, Manufacturing Districts; therefore a Council variance is required. The property will house the business office, product development, tasting room, manufacturing and warehousing for the product. The facility will have an art gallery and bar associated with it, although these uses are already permitted in the C-3, Commercial District. The facility will not emit any kind of odor normally associated with micro-breweries that ferment and distill beer. This site is adjacent to a micro-distillery that was approved via CV09-003 on July 6, 2009. The applicant proposes no additional parking for the site while five more parking spaces would be required. There is no place for additional parking on the site and Staff finds this parking variance to be negligible. Staff finds the proposed use consistent with the uses in the area; 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, 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 alleviate the difficulties encountered by the owners of the property located at 26-30 EAST FIFTH AVENUE (43201), 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 due to the need to hault unnecessary costs and delays and allow for business operations for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That variances from the provisions of Sections 3355.03, C-3 Permitted uses; and 3312.49 Minimum numbers of parking spaces required of Columbus City Codes are hereby granted for the property located at 26-30 EAST FIFTH AVENUE (43201), insofar as said sections prohibit a meadery with zero (0) parking space where five (5) parking spaces would be required, and require 2 parking spaces for an art gallery while zero (0) parking spaces are provided; said property being more particularly described as follows:
Exhibit "A"- Legal Description
For file 1360905
Situated in the City of Columbus, Franklin County, Ohio
Being the third Quarter of the First Township, 18th Range, United States Military Lands, and being part of the premises conveyed to Daniel Sullivan by John Short, by Deed dated June 29, 1882, and more particularly bounded and described as follows:
Beginning at the intersection of the East line of Courtland Avenue with the North line of Fifth avenue; thence Northerly along the East line of Courtland Avenue 116 feet to a point in said East line; thence Easterly and parallel to the north line of Fifth avenue 57.17 feet to a point; thence southerly in a Straight line to a point in the North line of Fifth Avenue distant 54.42 feet Easterly from the intersection of the North line of Fifth Avenue and the East line of Courtland Avenue; thence Westerly on the North line of Fifth Avenue 54.42 feet to the place of the beginning.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a meadery and associated operations, or those uses permitted in the C-3, Commercial District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. 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.