Explanation
Council Variance Application: CV26-036
APPLICANT: Drew Ponton c/o Allan Wiley, Agent; GBC Design, Inc.; 565 White Pond Drive; Akron, OH 44320.
PROPOSED USE: Drive-thru only coffee shop.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two parcels developed with a former restaurant in the L-C-4, Limited Commercial District. The requested Council variance will allow a drive-thru only coffee shop with no indoor seating. A Council variance is required because the L-C-4 district allows accessory pick-up units, but does not allow a stand-alone drive-thru business which is a C-5, Commercial District use. A variance to reduce the parking setback commitment established in the limitation text of Ordinance #2194-87 (Z87-1530) is included in this request. The request is consistent with the Columbus Growth Strategy’s (2026) land use recommendation of “Mixed Use 2”. Staff notes the site plan demonstrates adequate screening between the drive-thru and neighboring properties.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; 3370.05, Permitted uses; 3370.06, Standards; and 3370.07, Conditions and limitations, of the Columbus City Codes; for the property located at 3920 HAMILTON SQUARE BLVD. (43125), to allow a drive-thru only coffee shop with a reduced parking setback in the L-C-4, Limited Commercial District (Council Variance #CV26-036).
Body
WHEREAS, by application #CV26-036, the owner of the property at 3920 HAMILTON SQUARE BLVD. (43125), is requesting a Council variance to allow a drive-thru only coffee shop with a reduced parking setback in the L-C-4, Limited Commercial District; and
WHEREAS, Section 3356.03, C-4 permitted uses, prohibits eating and drinking establishments with no indoor seating, while the applicant proposes a drive-thru only coffee shop without indoor seating; and
WHEREAS, Section 3370.05, Permitted uses, allows one or more of the uses allowed by the underlying zoning district, which are limited to certain C-4 uses listed in Chapter 3356 of the Columbus City Code as specified in the limitation overlay text in Ordinance #2194-87 (Z87-1530), while the applicant proposes a drive-thru only coffee shop without indoor seating; and
WHEREAS, Section 3370.06, Standards, requires any use to meet or exceed each minimum development standard of the underlying zoning classification unless more limited standards are specifically identified in the limited overlay development plan and/or text, in which event such more limited standards shall apply, while the applicant requests deviation from parking setback limitations contained in the limitation text of Ordinance #2194-87 (Z87-1530), to allow a reduced parking setback along South Hamilton Road from 25 feet to 18 feet; and
WHEREAS, Section 3370.07, Conditions and limitations, requires any use to conform to each condition or limitation specifically identified and imposed in the development plan and/or text, while the applicant does not wish to comply with the zoning text requirements of Ordinance #2194-87 (Z87-1530) regarding permitted uses and parking setback from South Hamilton Road; and
WHEREAS, the Greater South East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the request is consistent with the Columbus Growth Strategy’s land use recommendation at this location, and the proposed drive-thru has adequate screening from neighboring properties; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 3920 HAMILTON SQUARE BLVD. (43125), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3356.03, C-4 permitted uses; 3370.05, Permitted uses; 3370.06, Standards; and 3370.07, Conditions and limitations, of the Columbus City Codes, is hereby granted for the property located at 3920 HAMILTON SQUARE BLVD. (43125), insofar as said sections and limitation overlay text, adopted with Ordinance #2194-87 (Z87-1530) do not allow drive-thru only coffee shop in the L-C-4, Limited Commercial District, with a reduced parking setback along South Hamilton Road from 25 feet to 18 feet; said property being more particularly described as follows:
3920 HAMILTON SQUARE BLVD. (43125), being 1.67± acres located at the southeast corner of Hamilton Square Boulevard and South Hamilton Road, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin and State of Ohio, Section 9, Township 11, Range 21, United States Military lands, being all of Lot Number 1 of a plat entitled South Hamilton Square of record in Plat Book 70, Page 43 as conveyed to National Retail Properties LP of Instrument Number 20150902013368 (PPN: 530-219080-00) and all of 0.173 acre tract of land as conveyed to National Retail Properties LP of Instrument Number 20150902013368 (PPN: 530-214681-00), all document references are to the records of the Recorder’s Office of Franklin County, Ohio, and being more particularly described as follows:
COMMENCING, for reference, at the centerline intersection of South Hamilton Road (State Route 317) (width varies) (FRA-317-0.19B) and Hamilton Square Boulevard (80’) as dedicated in said
Plat Book 70, Page 43;
Thence South 04°14'35" West, with the centerline of said South Hamilton Road, a distance of 77.74 feet to a point;
Thence South 85°45'25" East, leaving said centerline of said South Hamilton Road, a distance of 84.19 feet to a 5/8” iron pin capped “S-8540” found at the southerly point of curvature of the right of way turnout of the easterly right of way of said South Hamilton Road and the southwesterly right of way of said Hamilton Square Boulevard, being S 02°08’45” E, 1643.71 feet from F.C.G.S H43RESET, and being THE PLACE OF BEGINNING;
Thence with the arc of a curve to the right, a distance of 59.44 feet, having a radius of 35.00 feet, a central angle of 97°18’13”, a chord of which bears North 55°53'26" East, a chord distance of 52.55 feet, with said right of way turnout to a 5/8” iron pin capped “S-8540” found on the southwesterly right of way line said Hamilton Squarre Boulevard;
Thence with the arc of a curve to the right, a distance of 432.68, having a radius of 310.00 feet, a central angle of 79°58’13”, a chord of which bears South 35°28'40" East, a chord distance of 398.41 feet, with the southwesterly right of way line of said Hamilton Square Boulevard to a 1” iron pipe capped “M-E Eng 6872” found at the northeasterly corner of Lot 7 in South Hamilton Square of record in Plat Book 71, Page 38, passing through a 1” iron pipe capped “M-E Eng 6872” found at 408.26 feet along the arc of the curve;
Thence North 85°29’25" West, with the northerly line of said Lot 7, a distance of 310.00 feet to an iron pin set at the northwesterly corner thereof and being in the easterly right of way line of said South Hamilton Road;
Thence North 07°13'28" East, with the easterly right of way line of said South Hamilton Road, a distance of 272.76 feet, passing over a 1” iron pipe capped “M-E Eng 6872” found at 24.42 feet, to THE PLACE OF BEGINNING containing 1.673 acres more or less,
Subject to all covenants, conditions, restrictions, reservations and easements contained in any instrument of record pertaining to the above described tract of land.
The bearings herein are based on GPS observations using the Ohio CORS Network (Ohio South Zone) to determine a grid bearing in NAD83 (2011) Epoch 2010. The Columbus, Circleville, and Jacksontown CORS stations were used in determining the grid bearing, and establishing a bearing of South 04°14'35" West for the centerline of South Hamilton Road.
All pins set are 5/8” x 30” rebar with yellow cap marked CESO, Inc.
Based upon an actual field survey performed in February, 2026
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a drive-thru only coffee shop, as shown on the submitted site plan, or those uses allowed in the L-C-4, Limited Commercial District as allowed by Ordinance #2194-87 (Z87-1530).
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “SITE PLAN - 7 BREW COFFEE GROVEPORT,” signed by Allan Wiley, Agent for the Applicant, dated May 21, 2026, landscape plan titled, “LANDSCAPE PLAN,” signed by Aaron Neitzke, Landscape Architect for the Applicant, dated May 14, 2026, and building elevations titled, “EXTERIOR ELEVATIONS A2.1 & A2.2,” and miscellaneous plans titled, “TRASH ENCLOSURE DETAILS A6.1,” and “REMOTE COOLER DETAILS A7.1,” signed by John D. Elsey, Architect for the Applicant, all dated May 19, 2026. The plans 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 adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.