Explanation
Council Variance Application: CV08-012
APPLICANT: Joel Gaertner; 5055 Avery Road; Dublin, OH 43016.
PROPOSED USE: Ground floor residential use in the C-4, Commercial District.
BREWERY DISTRICT COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The property is zoned in the C-4, Commercial District. The applicant is applying for a Council Variance to allow a dwelling on the ground floor in the C-4, Commercial District. Dwellings are only permitted on the second floor in the C-4, Commercial District. Staff has supported allowing a mixture of office and ground floor residential use on this portion of South High Street and this proposal would not be out of character for the area. The property currently houses the applicant's home and office. The City of Columbus Zoning Code contains no district allowing a mixture of residential and retail uses on the ground floor. A Council variance is required to allow the applicant to pursue such a project.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted Uses; 3342.08(a), Driveway; 3342.15, Maneuvering; 3342.19, Parking space; and 3372.609, Setback requirements, of the Columbus City codes, for the property located at 915 SOUTH HIGH STREET (43206), to permit a dwelling on the ground floor with reduced development standards in the C-4, Commercial District and to declare an emergency.(Council Variance #CV08-012)
Body
WHEREAS, by application No. CV08-011, the owner of property at 915 SOUTH HIGH STREET (43206), is requesting a Council Variance to permit a ground floor dwelling in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, prohibits dwellings on the ground floor, while the applicant proposes to have a ground floor dwelling; 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 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area which may include an aisle, circulation area or improved alley, while the applicant proposes to allow maneuvering over and through other parking spaces; and
WHEREAS, Section 3342.08a, Driveway, requires that driveways serving a parking lot shall be designed so that vehicles entering or leaving the parking lot will be traveling in a forward motion; while the applicant proposes vehicles travel in a backward motion leaving the parking lot; and
WHEREAS, Section 3342.19, Parking space, requires the minimum size of all parking spaces to be 9 feet by 18 feet and allows for one required parking space to be stacked behind another and be located be located between the parking setback line and the street right-of-way line, while the applicant proposes a minimum parking space width of 7 feet and three stacked parking spaces; and
WHEREAS, Section 3372.609, Setback requirements, requires a minimum building setback of zero (0) feet and a maximum building setback of ten (10) feet, while applicant proposes to maintain the existing twenty-five (25) foot building setback along South High Street; and
WHEREAS, the Brewery District Commission recommends approval; and
WHEREAS, City Departments recommend approval because the property is zoned in the C-4, Commercial District. The applicant is applying for a Council Variance to allow a dwelling on the ground floor in the C-4, Commercial District. Dwellings are only permitted on the second floor in the C-4, Commercial District. Staff has supported allowing a mixture of office and ground floor residential use on this portion of South High Street and this proposal would not be out of character for the area. The property currently houses the applicant's home and office. The City of Columbus Zoning Code contains no district allowing a mixture of residential and retail uses on the ground floor. A Council variance is required to allow the applicant to pursue such a project; 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 915 SOUTH HIGH STREET (43206), 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 3356.03, C-4 Permitted Uses; 3342.08(a), Driveway; 3342.15, Maneuvering; 3342.19, Parking space; and 3372.609, Setback requirements, of the Columbus City Codes is hereby granted for the property located at 915 SOUTH HIGH STREET (43206), insofar as said sections prohibit a ground floor dwelling in the Urban Commercial Overlay in the C-4, Commercial District with an existing twenty five foot front setback, with a parking lot with three stacked parking spaces and parking spaces seven feet in width and in which vehicles may not enter and exit in a forward motion, said property being more particularly described as follows:
915 SOUTH HIGH STREET (43206), being 0.24± acres located at the southwest corner of Schumacher Alley and South High Street, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus: Being Lot Number Nineteen (19) of Frederick Michael's Subdivision of part of Half Section No. 29, Township 5, Range 22. Refugee Lands, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 463, Recorder's Office, Franklin County, Ohio, excepting there from Eighteen and One-Half (18 ½) off the South side of said lot.
Street Address: 915 South High Street, Columbus, OH 43206
Parcel No.: 010-047954
Prior Instrument Reference: Instrument No. DB3554 page 144, of the Official Records of Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a ground floor dwelling or those uses permitted in the CPD-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 is conditioned on the subject site being developed in accordance with the submitted site plan titled, "PHILIP SHERIDAN RESIDENCE", signed by Philip Sheridan, Owner, and dated June 26, 2008. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 5. 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.