Explanation
Council Variance Application: CV22-112
APPLICANT: Shalash Mustafa; c/o Christopher Pettis, Agent; 5676 Stadium Block Lane, Unit 101; Columbus, OH 43228.
PROPOSED USE: Automotive repair and sales.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with an automotive repair shop and accessory automotive parts sales in the ARLD, Apartment Residential District, as permitted by Ordinance #1061-81 (CV81-016), passed June 8, 1981. The requested Council variance will allow the continuance of the automotive repair and automotive parts sales uses, while also allowing automotive sales. A Council variance is required because the ALRD district does not allow automotive uses. Variances for vision clearance and screening are also included in the reqeust. The site is within the planning boundaries of the Near East Area Plan (2005), which recommends “Higher Density Residential/Mixed Use” land uses at this location. With the consolidation of access points to the site, and the inclusion of screening slats on the existing fence, staff supports the requested variances which will conform existing conditions and will not add incompatible uses to the area.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1, apartment residential district use; 3321.05(A)(1), Vision clearance; 3321.05(B)(2), Vision clearance; and 3372.607(A), Landscaping and screening, of the Columbus City Codes; for the property located at 1600 E. MAIN ST. (43205), to allow automotive repair and sales with reduced development standards in the ARLD, Apartment Residential District, and to repeal Ordinance #1061-81 (CV81-016), passed June 8, 1981 (Council Variance #CV22-112).
Body
WHEREAS, by application #CV22-112, the owner of property at 1600 E. MAIN ST. (43205), is requesting a Council Variance to allow automotive repair and sales with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, prohibits commercial uses, while the applicant proposes to continue automotive repair and automotive parts sales as previously allowed, with the addition of automotive sales; and
WHEREAS, Section 3321.05(A)(1), Vision clearance, requires clear vision triangles of 10 feet at the intersection of a parking lot entrance and street right-of-way, while the applicant proposes maintain no clear vision triangles at the entrance to East Main Street, as shown on the submitted site plan; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires a clear vision triangle of 30 feet at street intersections, while the applicant proposes a reduced clear vision triangle of 10 feet; and
WHEREAS, Section 3372.607(A), Landscaping and screening, requires parking lot screening comprised of a four-foot high solid masonry or stone wall, or a four-foot high metal tube or solid metal bar fence located at the street right-of-way line (property line), with or without masonry pier supports, with a minimum three-foot wide landscaped area along either side of the fence, while the applicant proposes a chain link fence up to four feet in height with plastic screening slats along the East Main Street and Berkeley Road frontages; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the requested variances will conform existing conditions and will not add incompatible uses to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and maintaining 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 owner of the property located at 1600 E. MAIN ST. (43205), 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 3333.02, AR-12, ARLD, and AR-1, apartment residential district use; 3321.05(A)(1), Vision clearance; 3321.05(B)(2), Vision clearance; and 3372.607(A), Landscaping and screening, of the Columbus City Codes, is hereby granted for the property located at 1600 E. MAIN ST. (43205), insofar as said sections prohibit automotive repair and automotive sales in the ARLD, Apartment Residential District; with reduced vision clearance from 10 feet to zero feet at the parking lot entrance to East Main Street; reduced vision clearance from 30 feet to 10 feet at the corner of East Main Street and Berkeley Road; and to allow chain link fence up to four feet height with plastic screening slats along the East Main Street and Berkeley Road frontages, said property being more particularly described as follows:
1600 E. MAIN ST. (43205), being 0.25± acres located at the northwest corner of East Main Street and Berkeley Road, and being more particularly described as follows:
Situated in the County of Franklin, State of Ohio and City of Columbus, and being a part of Lot Number Six (6) of Thomas Miller’s Heirs’ Subdivision of a part of Half Section Number 22, Township Number 5, Range 22, Refugee Lands, as the same is numbered and delineated upon the recorded plat of said Subdivision of record in Plat Book No. 4, Page 72, Recorder’s Office, Franklin County, Ohio, and more particularly bounded and described as follows:
Commencing at an iron pin at the Southeast corner of Lot Number Six (6);
Thence, North along the east line of said Lot number Six (6) ninety-eight (98) feet to a point;
Thence, West parallel with the south line of said Lot Number Six (6) one hundred eight and eighty hundredths (108.80) feet to a point;
Thence, South parallel with the east line of said Lot Number Six (6) ninety-eight (98) feet to the south line of said Lot Number Six (6);
Thence, East with the south line of said Lot Number Six (6) one hundred eight and eighty hundredths (108.80) feet to the place of beginning.
Being and intended to be the premises conveyed to the National Refining Company by Florence H. Harrington and Henry K. Harrington, and Laura E. Donaldson by deeds dated June 11, 1934, and recorded in Franklin County Records, in Volume 1015, Page 176 and Volume 1010, Page 78; respectively.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for automotive repair, automotive parts sales, and automotive sales, and/or those uses allowed in the ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with a the site plan titled, "SITE PLAN," dated January 12, 2024, and signed by Christopher Pettis, Agent for the applicant. The 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 Plan shall be subject to review and approval 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 upon 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.
SECTION 6. That Ordinance #1061-81 (CV81-016), passed June 8, 1981, be and is hereby repealed.