Explanation
Council Variance Application: CV14-030
APPLICANT: David Chew, 451 Spirits LLC; c/o David Kerr Architect, LLC; 3225 Scioto Run Boulevard; Hilliard, OH 43026.
PROPOSED USE: Distillery.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council Variance to allow a distillery in the C-4 Commercial District. Such a use is only permitted in the M, and M-1 Manufacturing districts. The proposed distillery is for production only. The site is within the planning area of The Clintonville Neighborhood Plan (2009), which recommends mixed uses for this location. Staff finds the proposed use consistent and compatible with the uses in the area.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted Uses, of the Columbus City Codes for the property located at 590 OAKLAND PARK AVENUE (43214), to permit a distillery in the C-4, Commercial District.
Body
WHEREAS, by application No. CV14-030, the owner of property at 590 OAKLAND PARK AVENUE (43214), is requesting a Council Variance to permit a distillery in the C-4 Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted uses, does not permit a distillery use, while the applicant proposes a distillery use; and
WHEREAS, the Clintonville Area Commission recommends approval of said ordinance; and
WHEREAS, the City Departments recommend approval of said ordinance because the site is within the planning area of The Clintonville Neighborhood Plan (2009), which recommends mixed uses for this location. Staff finds the proposed use consistent and compatible 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 590 OAKLAND PARK AVENUE (43214), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That variances from the provisions of Sections 3356.03, C-4 Permitted Uses of Columbus City Codes are hereby granted for the property located at 590 OAKLAND PARK AVENUE (43214), insofar as said sections prohibit a distillery; said property being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and City of Columbus, and bounded and described as follows:
PARCEL 1: Known as being a certain parcel of land situated in the First Quarter, Township 1 North, Range 18 West, Clinton Township, Franklin County, Ohio, a part being within the present corporate limits of the City of Columbus, and the remainder being in Clinton Township; the parcel herein intended to be conveyed is more particularly described as follows: Beginning at an iron pipe on the north line of Oakland Park Avenue distant 253.1 feet cast, measured along said north line, from the east line of Indianola Avenue; thence east along said north line, of Oakland Park Avenue 59.1 feet to an iron pipe; thence deflecting 134° 54' to the left follows northwestwardly by a curved course of radius varying from 6000 feet at the beginning of the course to 600 feet at the end of same, with centers to the northeast, to an iron pin on the north line of lands formerly owned by John Karl, et al., a distant 147 feet east from the east line of Indianola Avenue measured along said north line of lands formerly owned by John Karl, et al; thence wed along said north line of lands formerly owned by John Karl, et al., 49.0 feet to an iron pipe, distant 98.0 feet cast from the east line of Indianola Avenue measured along the North line of lands formerly owned by John Karl, et al.; thence southeastwardly by a course parallel with the second course to the point of beginning, containing a total of 0.23 acre, more or less, of which 0.19 acre lies within the present corporate limits of the City of Columbus, and 0.04 acre lies in Clinton Township.
PARCEL 2: Being part of Section 1, Township 1, Range 18, U. S. Military Lands, and being part of a parcel of land described in a deed to Louise B. Knapp of record in Deed Book 1354, Page 220, and being more particularly described as follows: Beginning at an iron pin in the westerly line of said Knapp tract, the easterly line of Salvatore W. DiNovo 0.23 acre tract, said iron pin being located a distance of 69.15 feet northwesterly from an iron pin at the southwesterly corner of the Louise B. Knapp tract and at a deflection of 134° 32' 30" from the northerly line of Oakland Park Avenue; thence with the westerly line of said Louise B. Knapp tract, the easterly line of the Salvatore W. DiNovo, tract, said line following a curved course of varying radius a chord distance of 179.17 feet to a spike set in the concrete base of an iron fence putt, said spike being the northwesterly corner of the Louise B. Knapp tract; thence easterly, with the northerly line of the said Louise B. Knapp tract a distance of 40.85 feet to an iron pin; thence southerly, crossing the said Louise B. Knapp tract, a distance of 156.75 feet to the place of beginning, containing 0.077 acres (3384 square feet, more or less).
Being all of the premises referred to as Parcel No. 63834, Auditor's Duplicate, Franklin County, Ohio.
SUBJECT to any and all conditions, easements, and restrictions of record or those contained in former deeds of record.
Parcel Number: 010-063834
Commonly known as 590 Oakland Park Avenue, Columbus, Ohio, 43214
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a distillery (production only) or those uses permitted in the C-4, 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.