Explanation
Council Variance: CV06-007
APPLICANT: Bigler Company, Ltd.; c/o Donald Plank, Atty.; Plank and Brahm, 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Beauty salon and day spa.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site is zoned L-C-2 and is being developed with an office park. Applicant proposes to use one of the five buildings as a beauty salon/day spa. A beauty salon/day spa is a low-intensity commercial use compatible with the office park. The proposal includes a parking variance of three spaces. Because the variance will not alter the overall use of the site as an office park, the variance will not adversely affect the surrounding property or surrounding neighborhood.
Title
To grant a Variance from the provisions of Sections 3353.03, C-2, Commercial District Permitted Uses; 3342.28, Minimum number of parking spaces required, for the property located at 5249-5259 BETHEL REED PARK (43220) to allow a beauty salon/day spa in the L-C-2 Limited Commercial District (Council Variance #CV06-007).
Body
WHEREAS, by application No. CV06-007 , the owners of property at 5249-5259 BETHEL REED PARK (43220), are requesting a Variance to allow a beauty salon/day spa in the L-C-2 Limited Commercial District with reduced parking requirements; and
WHEREAS, Section 3353.03, C-2 Commercial District Permitted Uses, permits offices, while the applicant proposes to allow a beauty salon/ day spa as a permitted use; and
WHEREAS, Section 3342.28, Minimum number of parking spaces, requires seven parking spaces for an office use, while the applicant proposes to provide four spaces for the beauty salon/day spa use; and
WHEREAS, City Departments recommend approval and note that a hardship exists because the proposed beauty salon/day spa is a low-intensity use compatible with office uses in the L-C-2, Limited Commercial District; 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 5249-5259 BETHEL REED PARK (43220), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is granted from the provisions of Sections 3353.03, C-2, Commercial District Permitted Uses; 3342.28, Minimum number of parking spaces required of the Columbus City codes for the property located at 5249-5259 BETHEL REED PARK (43220), insofar that said sections prohibit a beauty salon/day spa in the L-C-2 Limited Commercial District, and require seven parking spaces when four are provided; said property being more particularly described as follows:
LEGAL DESCRIPTION
1861 BETHEL ROAD (43220), being 3.67± acres located on the south side of Bethel Road, 140± feet west of Reed Road, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus, and bounded and described as follows:
Being 3.67 acres off of Lot No. 2 as set off to Linn P. Henderson in the petition in the ease of Martha S. Henderson and others, versus Joseph R. Henderson and others, in the Court of Common Pleas in the County of Franklin, Ohio, as shown by Complete Record 131, page 343, et. seq., of said Court and conveyed by Helen Henderson and William, her husband, to Evart L. Henderson, by warranty deed recorded in D.B. 689, page 156, of Franklin County, Ohio records; said 3.67 acre tract being more particularly described as follows:
Beginning at an iron pin in the north line of said Lot No. 2 at a point 580.8 feet west of the northeast corner of said Lot No. 2; thence westerly along the north line of said Lot No. 2 240.38 feet to an iron pin; thence southerly 656.74 feet parallel with the east line of Lot No. 2 to an iron pin; thence easterly 245.25 feet along the south line of said Lot No. 2 to an iron pin; thence northerly 656.6 feet to the place of beginning, containing 3.67 acres, more or less.
Excepting therefrom the following described real property conveyed to the City of Columbus, Ohio, by deed of record in Official Record 19601F10:
Situate in the State of Ohio, County of Franklin, City of Columbus, being a part of Quarter Township 1, Township 1 North, Range 19 West, United States Military Lands, and being a part of the lands described in Deed Volume 1629, Page 404 to Dorothy B. Beetham in the records of the Franklin County Recorder, and being further described as follows:
Beginning for reference at the intersection Bethel Road (120.00 feet wide) and Reed Road at Centerline Station 118 + 18.69 as shown in construction plans for Bethel Road Phase V, also being Centerline Station 118 + 52.92 on the Centerline Survey Plat made for the City of Columbus in 1989;
thence, North 87 09' 21" West with the centerline of said Bethel Road a distance of 580.11 feet to a point at Centerline Station 112 + 38.58, the principal place of beginning of the parcel to be described;
thence, South 2 18' 09" West, leaving said centerline, a distance of 60.00 feet to a point 60.00 feet right of Station 112 + 39.15, passing an iron pin found at 29.73;
thence, North 87 09' 21" West with the proposed southerly line of said Bethel Road a distance of 241.01 feet to a point 60.00 feet right of Station 109 + 98.14;
thence North 2 50' 39" East a distance of 60.00 feet to Centerline Station 109 + 98.14, passing an iron pin found at 30.20 feet;
thence, South 87 09' 21" East with the center of Bethel Road a distance of 240.44 feet to the principal place of beginning.
The parcel, as described above, contains 0.332 acres, more or less, subject to all legal highways and easements of record of which the present road occupies 0.164 acres.
SECTION 2. That this ordinance is conditioned upon and shall remain in effect only for so long as said property is used for a beauty salon and day spa or for those uses permitted in the L-C-2 Limited Commercial District.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.