Explanation
Council Variance Application: CV25-119
APPLICANT: Matt Toddy c/o Aaron Glasgow, Atty.; Two Miranova Place, Suite 700; Columbus, OH 43215.
PROPOSED USE: Accessory storage.
FAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a shopping center in the CAC, Community Activity Center District. The requested Council variance will allow accessory storage uses within shipping containers and will facilitate an updated final site compliance plan in response to an active zoning code violation. A Council variance is required because the CAC district does not allow storage uses. Variances to allow a dumpster pick-up enclosure area between the principal structure and an adjacent side street, to allow unscreened dumpsters behind the building, and to eliminate required parking lot shade trees are also included in this request. Staff note that these variances address pre-existing conditions on the site. The Columbus Growth Strategy (2026) recommends “Mixed Use 2” land uses at this location. Staff supports the accessory storage use within shipping containers and the unscreened dumpsters as they are behind the existing building within a fenced area, and are not visible from public streets or from adjacent residential uses. Additionally, the storage uses are located only as demonstrated on the submitted site plan, and do not represent the introduction of an incompatible use to the neighborhood.
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To grant a Variance from the provisions of Sections 34.E.20.100.A, Uses, Use Table; 34.G.20.030.D.1, Landscaping, Parking Lot Shade Trees; and 34.G.20.040.B.4, Screening, Dumpster and Bulk Refuse Pick-Up Area Screening, of the Columbus City Codes; for the property located at 5929-5975 E. MAIN ST. (43213), to allow for storage within shipping containers with reduced development standards in the CAC, Community Activity Center District (Council Variance #CV25-119).
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WHEREAS, by application #CV25-119, the owner of property at 5929-5975 E. MAIN ST. (43213), is requesting a Council variance to allow for storage within shipping containers with reduced development standards in the CAC, Community Activity Center District; and
WHEREAS, Section 34.E.20.100.A, Uses, Use Table, does not allow storage uses in the CAC, Community Activity Center District, while the applicant proposes to allow storage within several shipping container along the southern property line, as shown on the submitted site plan; and
WHEREAS, Section 34.G.20.030.D.1, Landscaping, Parking Lot Shade Trees, requires one shade tree per ten parking spaces, a total requirement of 52 shade trees for 512 parking spaces, while the applicant proposes 33 parking lot shade trees; and
WHEREAS, Section 34.G.20.040.B.4, Screening, Dumpster and Bulk Refuse Pick-Up Area Screening, prohibits dumpster and bulk reduce pick-up area enclosures to be located between the principal structure and an adjacent front or side street, and requires 100 percent opaque screening for all dumpsters, while the applicant proposes to maintain a dumpster pick-up area enclosure to be located between the principal structure and McNaughten Road, and dumpsters behind the building that are not individually screened, as shown on the site plan; and
WHEREAS, the Far East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances address pre-existing conditions on the site, and note that the storage use is screened from public streets, adjacent residential uses, and will be located only as demonstrated on the submitted site plan. The request does not represent an introduction of an incompatible use to the neighborhood; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Zoning Clearance for the proposed project; 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 5929-5975 E. MAIN ST. (43213), 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 34.E.20.100.A, Uses, Use Table; 34.G.20.030.D.1, Landscaping, Parking Lot Shade Trees; and 34.G.20.040.B.4, Screening, Dumpster and Bulk Refuse Pick-Up Area Screening, of the Columbus City Codes; is hereby granted for the property located at 5929-5975 E. MAIN ST. (43213), insofar as said sections prohibit storage uses in the CAC, Community Activity Center District, with a parking lot shade tree reduction from 52 to 33 required parking lot shade trees; and to allow the location of dumpster pick-up enclosures between the principal structure and McNaughten Road, and unscreened dumpsters behind the existing building; said property being more particularly described as follows:
5929-5975 E. MAIN ST. (43213), being 9.46± acres located at the southwest corner of East Main Street and McNaughten Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the city of Columbus.
PARCEL I (9.454 ACRES)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Half Section 22, Section 14, Township 12, Range 21, Refugee Lands, and being all of the remainder of that 8.052 acre tract of land conveyed to Davis Investment Co. by deed of record in Deed Book 3296, Page 444 and all of the remainder of that 5.22 acre tract of land conveyed to Davis Investment Co., by deed of record in Deed Book 2128, Page 284 (all references being to records in the Recorder’s Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning, for reference, at a 3/4 inch iron pipe found at the intersection of the southerly right-of-way line of East Main Street (U.S. Route 40) (variable width) with the easterly limited access right-of-way line of Interstate Route 270 (variable width), as depicted in the State of Ohio Department of Transportation Right-of-Way Plan FRA-270-20.21S and 31.76 N/FRA-40.22.22, being a common comer of that 8.89 acre tract conveyed as Parcel 178-WL to the State of Ohio by deed of record in Deed Book 3242, Page 513 and that 1.617 acre tract conveyed to Davis Investment Co. by deed of record in Official Record 26563F08;
thence North 89°46'30" East, with said southerly limited access right-of-way line, the northerly line of said 1.613 acre tract, a distance of 404.90 feet to an iron pin set at the northeasterly comer of said 1.613 tract, being the northwesterly comer of the remainder of said 8.052 acre tract and the TRUE POINT OF BEGINNING;
thence North 89°46'30" East, continuing with said southerly limited access right-of-way line, the northerly line of the remainder of said 8.052 acre tract, a distance of 23.17 feet to an a 3/4 inch iron pipe found at an angle point in said line;
thence South 89°35'00" East, continuing with said southerly limited access right-of-way line, the northerly line of the remainder of said 8.052 acre and 5.22 acre tracts, a distance of 121.89 feet to an iron pin set at the northwesterly comer of that 0.711 acre tract conveyed to Davis Investment Co. by deed of record in Deed Book 3606, Page 543;
thence South 00°25'00" West, with an easterly line of the remainder of said 5.22 acre tract, the westerly line of said 0.711 acre tract, a distance of 149.99 feet to an iron pin set;
thence South 89°35'00" East, with a northerly line of the remainder of said 5.22 acre tract, the southerly line of said 0.711 tract, a distance of 200.00 feet to an iron pin set in the westerly right-of-way line of McNaughten Road (variable width) being the westerly line of that 0.26 acre tract conveyed to the State of Ohio by deed of record in Deed Book 3318, Page 540;
thence with said westerly right-of-way line of McNaughten Road, the easterly line of the remainder of said 5.22 acre tract, the following courses and distances:
South 08°00'30" West, a distance of 72.38 feet to an iron pin set;
South 02°27'29" East, a distance of 264.28 feet to a 3/4 inch iron pipe found in the westerly right-of-way line of McNaughten Road conveyed to the City of Columbus by deed of record in Deed Book 2850, Page 227;
South 05°08'45" West, a distance of 158.44 feet to iron pin set at the northeasterly comer of that 5.105 acre tract conveyed to Sussex Square Purchase Co. by deed of record in Official Record 27490A16 and the westerly right-of-way line of McNaughten Road as dedicated by Plat Book 45, Page 80;
thence North 84°32T8" West, with the southerly line of said 5.22 and 8.052 acre tracts, the northerly line of that said 5.105 acre tract, the northerly line of that 5.922 acre tract conveyed to Hidden Acres Acquisition LLC by deed of record in Instmment Number 200806030085419, a distance of 1001.45 feet to a 3/4 inch iron pipe found on the easterly limited access right-of-way line of said Interstate Route 270;
thence North 33°14'45" East, with said easterly limited access right-of-way line of Interstate Route 270 and the westerly line of said 8.052 acre tract, a distance of 422.93 feet to an iron pin set;
thence North 08°29'45" East, continuing with said easterly limited access right-of-way line of Interstate Route 270 and the westerly line of said 8.052 acre tract, a distance of 44.34 feet to an iron pin set at the southwesterly comer of said 1.613 acre tract;
thence South 84°32'18" East, with a northerly line of the remainder of said 8.052 acre tract, the southerly line of said 1.613 acre tract, a distance of 411.00 to an iron pin set;
thence North 05°27'42" East, with the westerly line of the remainder of said 8.052 acre tract, the easterly line of said 1.613 acre tract, a distance of 192.87 to the TRUE POINT OF right-of-way line of McNaughten Road (variable width) being the westerly line of that 0.26 acre tract conveyed to the State of Ohio by deed of record in Deed Book 3318, Page 540;
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
PARCEL II (9.454 ACRES)
The above description was prepared using documents of record, prior plats of survey and observed evidence located by an actual field survey performed in April 2013.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings shown hereon are based on a bearing of North 89°46'30" East for a portion of the southerly right-of-way line of East Main Street 9state Route 40) as referenced in Deed Book 3296, Page 444, Recorder’s Office, Franklin County, Ohio.
Parcel No. 010-129717
Address: 5929-5975 E. Main Street, Columbus, OH 43213
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for the accessory storage, or those uses allowed in the CAC, Community Activity Center District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan and dumpster enclosure details titled, “ARCHITECTURAL SITE PLAN,” and “SITE DETAILS,” both dated March 20, 2026, and signed by Matt Toddy, Attorney for the Applicant. 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 adjustments to the plans shall be subject to review and approval by the Director of the Department 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 upon the applicant obtaining all applicable permits and a Certificate of Zoning Clearance for the proposed project.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.