Explanation
Council Variance Application: CV05-043
APPLICANT: Robert E. Caudy, R&KC Adventures LLC; 1167 Michigan Avenue; Columbus, Ohio
43201.
PROPOSED USE: Veterinary facility.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned in the M-2, Manufacturing District, and is developed with an office/warehouse building. The applicant requests a Council variance to allow a veterinary practice, along with accessory pet daycare, boarding and grooming uses within the existing building. An outdoor animal exercise area is also proposed and is permitted in conjunction with veterinary practices in the C-4, Commercial District, but would be subject to a minimum 100-foot separation from residentially zoned properties. Variances for the building's existing conditions and a parking space reduction are also included in the request. Part of the building will continue to be leased as warehouse space with the intent of the veterinary practice expanding into the remaining areas in the future. A hardship exists in that the M-2, Manufacturing District allows general and medical office uses and certain manufacturing uses, but prohibits veterinary practices and the proposed accessory uses.
Title
To grant a Variance from the provisions of Sections 3367.01, M-2 Manufacturing District; 3367.15, M-2, Manufacturing district special provisions; 3342.11, Landscaping; 3342.17, Parking lot screening; and 3342.28, Minimum number of parking spaces required; of the Columbus City codes for the property located at 1158 WEST THIRD AVENUE (43202), to permit a veterinary practice and accessory pet daycare, boarding, and grooming uses with reduced development standards in the M-2, Manufacturing District and to declare an emergency. (Council Variance # CV05-043).
Body
WHEREAS, by application No. CV05-043, the owner of property at 1158 WEST THIRD AVENUE (43202), is requesting a Council variance to permit a veterinary practice and accessory pet daycare, boarding, and grooming uses with reduced development standards in the M-2, Manufacturing District; and
WHEREAS, Section 3367.01, M-2 Manufacturing district, prohibits veterinary practices, while the applicant proposes to use the existing building for a veterinary practice including accessory pet daycare, boarding, and grooming; 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 allow the proposed vet clinic to open up to one month earlier which would provide a service to an area that is noticeably void of any similar facility, and to save one month interest on the real estate loan, resulting in a significant savings to the proposed owners that would allow them to funnel the money into facility improvement for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3367.15, M-2 Manufacturing district special provisions, requires that any building or structure of any type shall be located not less than fifty (50) feet from the street line, and that no portion of the required fifty (50) foot buffer shall be used for either off-street parking or loading spaces, while the applicant proposes to maintain the existing non-conforming building and parking setbacks, and the new parking lot expansion and loading space within the required fifty (50) foot buffer as shown on the site plan; and
WHEREAS, Section 3342.11, Landscaping, requires that the lot area between the right of way and the parking set-back line be landscaped and shall not be paved, while the applicant proposes no landscaping for the east parking lot as shown on the site plan; and
WHEREAS, Section 3342.17, Parking lot screening, requires that any portion of a parking lot located within eighty (80) feet of residentially zoned property shall provide screening consisting of a fence, landscaped earth mound of suitable slope, wall, planting or combination thereof to a total height of no less than five (5) feet above the parking grade and to an opacity of not less than seventy-five (75) percent opacity, while the applicant proposes to maintain no parking lot screening for the existing parking lot and no screening for the new parking lot; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires forty-four (44) parking spaces for the proposed uses, while the applicant proposes twenty-seven (27) parking spaces; and
WHEREAS, veterinary practices with outdoor exercise areas are permitted in the C-4, Commercial District only when located a minimum of 100 feet from a residentially zoned district, while the applicant proposes a veterinary practice with an outdoor exercise areas in the M-2, Manufacturing District that is setback less than 100 feet from adjacent residentially zoned districts along the north property line as shown on the site plan; and
WHEREAS, City Departments recommend approval and note a hardship exists because the site in the M-2, Manufacturing District, and is developed with an office/warehouse building. The applicant requests a Council variance to allow a veterinary practice, along with accessory pet daycare, boarding and grooming uses within the existing building. An outdoor animal exercise area is also proposed and is permitted in conjunction with veterinary practices in the C-4, Commercial District, but would be subject to a minimum 100-foot separation from residentially zoned properties. Variances for the building's existing conditions and a parking space reduction are also included in the request. Part of the building will continue to be leased as warehouse space with the intent of the veterinary practice expanding into the remaining areas in the future. The M-2, Manufacturing District allows general and medical office uses and certain manufacturing uses, but prohibits veterinary practices and the proposed accessory uses; 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 1158 WEST THIRD AVENUE (43202), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variance from the provisions of Sections 3367.01, M-2 Manufacturing District; 3367.15, M-2, Manufacturing district special provisions; 3342.11, Landscaping; 3342.17, Parking lot screening; and 3342.28, Minimum number of parking spaces required; of the Columbus City codes is hereby granted for the property located at 1158 WEST THIRD AVENUE (43202), insofar as said sections prohibit a veterinary practice and accessory pet daycare, boarding, and grooming uses, with reduced building setbacks of twelve (12) feet along West Third Avenue, forty (44) feet along Virginia Avenue, and 33.83 feet along Eastview Avenue, and reduced parking setbacks of ten (10) feet when fifty (50) foot building and parking setbacks are required, no landscaping for the east parking lot or parking lot screening along existing and new parking lots, and a parking space reduction from 44 spaces to 27 spaces; said property being more particularly described as follows:
1158 WEST THIRD AVENUE (43202), being 0.84± acres located on the northwest corner of West Third Avenue and Eastview Avenue, and being more particularly described as follows:
PROPERTY DESCRIPTION
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Lots Number 56, 58, 59, 60, 61 and part of Lot 57 of VIRGINIA PLACE ADDITION as same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 10, Pages 372 and 373 (all references in this description are to the records in the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning at a 3/4" hollow iron pin found at the northwesterly corner of said Lot 61 at the intersection of the easterly right-of-way line of Virginia Avenue (50' wide right-of-way) with the southerly right-of-way line of a 20 foot wide Alley as shown on said Plat Book 10, Page 372;
Thence South 86° 11' 49" East 196.00 feet, along the southerly line of said Alley and the northerly lines of said Lots 61, 60, and 59, to a 1" hollow iron pin found bent on the northerly line of Lot 58;
Thence the following three (3) courses being across said Lot 59 and along the lines of that 14' x 16' tract conveyed to Columbia Gas of Ohio, Inc. of record in Deed Book 2542, Page 456:
1) South 03° 48' 11" West 14.00 feet, to a point;
2) Thence South 86° 11' 49" East 16.00 feet, to a point;
3) Thence North 03° 48' 11" East 14.00 feet, along the westerly line of said Lot 56, to a 1" hollow iron pin found;
4) Thence South 86° 11' 49" East 43.00 feet, along the southerly line of said 20 foot wide Alley and the northerly line of Lot 56, to a Mag Nail set on the westerly right-of-way line of Eastview Avenue (50' wide right-of-way);
Thence South 03° 48' 11" West 134.87 feet along the westerly right-of-way line of Eastview Avenue, to an iron pin set on the northerly right-of-way line of West Third Avenue (60' wide right-of-way);
Thence North 86° 17' 00" West 287.23 feet along the southerly lines of Lots 56 through 61 inclusive and the northerly right-of-way line of West Third Avenue, to an iron pin set on the easterly right-of-way line of Virginia Avenue;
Thence the following three (3) courses being along the easterly right-of-way lines of Virginia Avenue:
1) Northeasterly along the arc of a curve to the right, having a radius of 164.54 feet, a central angle of 11° 41' 52", the chord bearing North 20° 13' 01" East 33.53 feet, to a Mag Nail set at the point of tangency;
2)Thence North 26° 04' 56" East 18.00 feet, to an iron pin set at the point of curvature;
3)Thence northeasterly along the arc of a curve to the left, having a radius of 214.54 feet, a central angle of 23° 39' 02", the chord bearing North 14° 14' 26" East 87.93 feet, to the Point of Beginning, containing 0.8233 acres of land, more or less, subject to any easements, restrictions or right-of-ways of previous record.
NOTE: Bearings are used for the determination of angles only. For the purpose of this description, a bearing of North 86° 17' 00" West was assumed on the centerline of West Third Avenue. The iron pins set are 5/8" rebars, 30" long with yellow plastic caps stamped "SITE ENG INC."
The above description was prepared from an actual field survey of the premises during July, 2005 by Site Engineering,
Inc.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for veterinary practice and accessory pet daycare, boarding, and grooming uses, or those uses permitted in the M-2, Manufacturing District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "VILLAGE GATE ANIMAL HOSPITAL," drawn by JH Architects, Inc., dated August 1, 2005, and signed by Robert Johnson, architect. The 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 combination of tax parcel numbers 010-065643, 010-065644, and 010-087601 to form one (1) tax parcel number prior to the issuance of Zoning Clearance.
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 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.