Explanation
Council Variance Application: CV06-040
APPLICANT: Catherine Adams and Gregory Lashutka; c/o Jeffrey Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Retail sales.
GERMAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This is a request to permit a retail store in an existing office building in the R-2F, Residential District. A retail store is not a permitted use in the R-2F, Residential District, which allows only residential uses. Previous variances have permitted office uses at this location. The proposed retail store would occupy 3,982 square feet of the existing 11,751 square foot office building. There are currently twenty-eight (28) parking spaces provided. The proposed change of use requires two (2) additional parking spaces. The property owners propose to maintain twenty-eight (28) parking spaces for the building. The requested use is compatible with the area and the parking variance is minimal.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential district; and 3342.28, Minimum number of parking spaces required, for the property located at 561 SOUTH THIRD STREET (43215), to permit a retail store with reduced parking in the R-2F, Residential District and to declare an emergency. (Council Variance # CV06-040)
Body
WHEREAS, by application No. CV06-040, the owner of property at 561 SOUTH THIRD STREET (43215), is requesting a Council Variance to permit a retail store with a reduced number of required parking spaces in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential District, prohibits retail uses, while the applicant proposes to permit a retail store in an existing building with reduced parking; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) additional parking spaces for the change of use from office to retail, while the applicant proposes to add zero (0) off-street parking spaces and maintain twenty-eight (28) off-street parking spaces; and
WHEREAS, the German Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because this is a request to permit a retail store in an existing office building in the R-2F, Residential District. A retail store is not a permitted use in the R-2F, Residential District, which allows only residential uses. Previous variances have permitted office uses at this location. The proposed retail store would occupy 3,982 square feet of the existing 11,751 square foot office building. There are currently twenty-eight (28) parking spaces provided. The proposed change of use requires two (2) additional parking spaces. The property owners propose to maintain twenty-eight (28) parking spaces for the building. The requested use is compatible with the area and the parking variance is minimal; 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 561 SOUTH THIRD STREET (43215), 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 3332.037, R-2F, Residential district; and 3342.28, Minimum number of parking spaces required, for the property located at 561 SOUTH THIRD STREET (43215), insofar as said sections prohibit a change of use from office to retail in 3,982 square feet of an 11,751 square foot office building, with a total of 28 parking spaces; said property being more particularly described as follows:
Legal Description
SITUATED IN THE COUNTY OF FRANKLIN, IN THE STATE OF OHIO, AND IN THE CITY OF COLUMBUS AND BOUNDED AND DESCRIBED AS FOLLOWS:
BEING LOT NO. 5 AND 18.75' OFF OF THE SOUTH SIDE OF LOT NO. 3 AND LOT NO. 4, OF JACOB KAEFER'S SUBDIVISION OF INLOT NOS. 710 AND 711 - PLAT BOOK 2, PAGE 62 EAST HALF OF INLOT NO. 712 AND EAST HALF OF THE NORTH HALF OF INLOT NO. 713, JOHN MCGOWAN'S SUBDIVISION - DEED BOOD 'G', PAGE 70.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 3,982 square foot retail uses and 7,769 square feet of office uses, or those uses permitted in the R-2F, Residential 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. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.