Explanation
Council Variance Application: CV07-040
APPLICANT: Robin D. & Valerie C. Coolidge; 4640 Wyandotte Drive; Columbus, OH 43230.
PROPOSED USE: Winery as an accessory use to a single-family dwelling.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned in the R-1, Residential District, and is developed with a single-family dwelling with an accessory winery and gift shop. Ordinance #1559-77, passed October 24, 1977 (CV77-042), permits the uses proposed by this ordinance, but established conditions on ownership of the property by the original applicant, and prohibited on-premise serving. The requested variance will remove those conditions to allow on-site wine tasting, small-scale service of food and beverages, and private parties. Variances for minimum number of parking spaces, striping, and parking lot screening are included in the request to address the existing conditions of the customer parking lot. The variance is conditioned on the current hours of operations and sizes of the accessory uses with all activities being conducted inside, and Staff has determined that the request will not add an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.03, R-1, Residential District; 3342.17, Parking lot screening, 3342.23, Striping and marking; and 3342.28, Minimum number of parking spaces required, of the Columbus City codes; for the property located at 4640 WYANDOTTE DRIVE (43230), to allow a winery, gift shop and service of food and beverages as accessory uses to a single-family dwelling with reduced parking lot standards in the R-1, Residential District, and to repeal Ordinance #1559-77 passed October 24, 1977 (Council Variance # CV07-040).
Body
WHEREAS, by application # CV07-040, the owner of the property at 4640 WYANDOTTE DRIVE (43230), is requesting a Variance to allow a winery, gift shop and service of food and beverages as accessory uses to a single-family dwelling with reduced parking requirements in the R-1, Residential District; and
WHEREAS, Ordinance #1559-77, passed October 24, 1977 (CV77-042), permits the uses proposed by this ordinance, but established conditions on ownership of the property by the original applicant, and prohibited on-premise serving; and
WHEREAS, Section 3332.03, R-1, Residential District, prohibits a winery, gift shop and service of food and beverages as accessory uses to a single-family dwelling, while the applicant proposes to add food and beverage service at an existing accessory winery and gift shop within a single-family dwelling; and
WHEREAS, Section 3342.17, Parking lot screening, requires minimum five (5) foot high, 75% opaque screening for parking lots located within eighty (80) feet of residentially zoned property space, while the applicant proposes no parking lot screening; and
WHEREAS, Section 3342.23, Striping and marking, requires that each parking space shall be clearly marked, while the existing parking lot does not have parking space marking; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces for the single family dwelling, one (1) parking space for every 250 square feet gift shop space, or three (3) parking spaces, one (1) parking space for every 75 square feet of tasting room space, or four (4) parking spaces, and one (1) parking space for every 750 square feet of winery space, or five (5) parking spaces, a total requirement of fourteen (14) parking spaces, while the applicant proposes a total of nine (9) parking spaces; and
WHEREAS, City Departments recommend approval because the accessory winery and gift shop uses are already permitted at this location, and the request to allow on-site wine tasting, small-scale service of food and beverages, and private parties will not add an incompatible use to the area; 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 4640 WYANDOTTE DRIVE (43230), in using said property as desired and; now, therefore:
SECTION 1. That a variance is hereby granted from the provisions of Sections 3332.03, R-1, Residential District; 3342.17, Parking lot screening, 3342.23, Striping and marking; and 3342.28, Minimum number of parking spaces required, of the Columbus City codes; for the property located at 4640 WYANDOTTE DRIVE (43230), insofar as said sections prohibit a winery, gift shop and service of food and beverages as accessory uses to a single-family dwelling with no parking lot screening, no parking space marking, and a parking space reduction from fourteen (14) required spaces to nine (9) spaces; said property being more particularly described as follows:
4640 WYANDOTTE DRIVE (43230), being 1.35± acres located on the north side of Wyandotte Drive, 720± feet west of Cherry Bottom Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and City of Columbus:
Being all of lot number three hundred seventy eight (378) and part of lot number three-hundred seventy seven (377) of Gould park number 3, as numbered and delineated on record plat thereof, in plat book 20, page 20, recorder's office, Franklin County, Ohio and all of A 2.643 Acre tract conveyed to Floyd P. Jones by deed of record in deed book 3530 page 419, and being more particularly described as follows:
Beginning at an iron pin set at the northwest corner of said lot 378 and in the north line of Wyandotte Drive (50 feet wide);
Thence, north 1 degree 14' east, along the west line of said lot 378 and east line of lot 379, a distance of 376.75 feet to an iron pin set at the northwest corner of said lot 378 and in south line of the said 2.643 acre tract.
Thence, North 88 Deg. 40' west, along part of the south line of said 2.643 acre tract and along the north line of said lot 379, a distance of 143.60 feet to the northwest corner of said lot 379 and the southwest corner of said 2.643 acre tract;
Thence, north 1 degree 23' east, along the west line of said 2.643 acre tract, a distance of 435.56 feet to the northwest corner of said 2.643 acre tract;
Thence, south 88 degree 37' east, along the north line of the said 2.643 acre tract, a distance of 264.40 feet to the northeast corner of the said 2.643 acre tract;
Thence, south, 1 degree 23' west, along the east line of said 2.643 acre tract, a distance of 435.33 feet to the southeast corner of the said 2.643acre tract, and in the north line of lot 377 of said Gould park #3;
Thence, south 88 degree 40' east, along part of the north line of said lot 377, a distance of 39.20 feet to an iron pin;
Thence, south one degree 14' west, across said lot 377, along a line parallel with the west line of said lot 377, a distance of 367.47 feet to an iron pin in the north line of Wyandotte Drive;
Thence, north 88 degrees 46' west, along the north line of Wyandotte Drive and along part of the south line of lot 377 and along the south line of lot 378, a distance of 160.00 feet to the place of beginning, containing 3.993 acres of land excepting that a certain 2.646 acre tract transferred to Bell properties, Inc. by official record 25605, page E-13 and described as follows:
Being 2.646 acres out of that 3.993 acre tract of land conveyed to William D. and Jane A. Butler, by official record 11180, A-08 as found in the recorders office, Franklin County, Ohio and being more particularly described as follows:
Beginning for the reference at the southwest corner of said tract of land, said point being in the north right of way of Wyandotte Drive, 990.57 feet west of the centerline of Cherrybottom road, as shown on the plat of Gould Park #3, plat book 20, page 20, Recorder's office, Franklin County, Ohio, thence along the west property line of said Butler property, north 1 degree 14' east, a distance of 367.75 feet to a point, thence N 88 degree 46' 07" west, a distance of 143.50 feet to the southwest corner of said 2.646 acre tract of land, of being the true point of beginning. Thence N. 1 degree 13' 15" east, a distance of 435.46 feet to a point, thence south 88 degrees 44' 10" east a distance of 264.42 feet to a point, thence, south 1 degree 08' 42" west, a distance of 138.47 feet to a point in the northwest corner of that tract of land conveyed to Bell Properties by official record 24057, E-02, Recorder's office, Franklin County, Ohio, thence continuing along the west boundary of said Bell Properties tract of land S. 1 degree 08' 42" W, a distance of 296.84 feet to a point n the north boundary of said Gould Park #3 subdivision, thence along said north boundary N 88 deg. 45' 07" W, a distance of 285.00 feet to the true point of beginning, containing 2.646 acres more or less.
The basis of bearings is the centerline of Cherrybottom Road as recorded by official record 24057, E-02, Recorder's office, Franklin County, Ohio.
Permanent parcel numbers 600-155365 and 600-155366
Commonly known as: 4640 Wyandotte Drive, Columbus, Ohio 43230.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a winery, gift shop and service of food and beverages as accessory uses to a single-family dwelling, or those uses permitted in the R-1, Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance is further conditioned on compliance with the following conditions:
1. The hours of operation shall be Tuesday-Saturday from 1:00-7:00 PM with special events permitted until 9:00 PM.
2. All winery and accessory uses shall be conducted inside, and are limited to the current sizes for each use:
a. Retail gift shop - 648± square feet
b. Tasting room - 322± square feet
c. Winery - 3,357± square feet in basement
SECTION 5. That Ordinance #1559-77 passed October 24, 1977, be and is hereby repealed.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.