Explanation
COUNCIL VARIANCE: CV03-046
APPLICANT: Watermark Services, LLC.; c/o Jeffrey L. Brown, Atty; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Restaurant with drive-thru.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will permit a restaurant with a drive-thru and reduced development standards in the AR-O, Apartment Residential-Office District. The applicant has worked with city staff and the Near East Area Commission to provide site design and architectural development standards that contribute to safe pedestrian access and the neighborhood's architectural character. Variances are requested to reduce the building line on East Broad Street from 60 feet to 39 feet, parking setback lines on East Broad Street and Twenty-First Streets from 25 feet to 10 feet and 7 feet, respectively, rear yard from 25 percent to zero percent, on-site parking from 44 spaces to 25 spaces (Site Plan A; 0.584 acres) or 38 spaces (Site Plan B; 0.671 acres), width of the commercial driveway on parcel 010-006510 from 33± feet to 14± feet on one parcel and 19± on the adjacent parcel while retaining a total driveway width of 33± feet, and to eliminate headlight screening along the north property line. The applicant is in the process of acquiring an additional strip of land along the west property line that requires a technical variance for driveway width and that would reduce the variance requested for required parking spaces as shown in Site Plan B. The applicant has committed to detailed site plans and building elevations. A hardship exists in that establishing a C-4, Commercial District on this site would be inconsistent with existing zoning and development patterns, and with the Near East Area Plan (1995) land use recommendations.
Title
To grant a variance from the provisions of Sections 3333.04, Permitted uses; 3333.18, Building lines; 3333.24, Rear yard; 3342.08, Driveway; 3342.17, Parking lot screening; 3342.18, Parking setback line; and 3342.28, Minimum number of parking spaces required, for the property located at 1054 EAST BROAD STREET (43205) to permit a restaurant with a drive-thru and reduced development standards in the AR-O, Apartment Residential-Office District (Variance CV03-046).
Body
WHEREAS, by application No. CV03-046, the owner of property at 1054 EAST BROAD STREET (43205), is requesting a Council variance to permit a restaurant with a drive-thru in the AR-O, Apartment Residential-Office District; and
WHEREAS, Section 3333.04, Permitted uses in AR-O Apartment Office District, does not permit a restaurant with a drive-thru in the AR-O, Apartment Residential-Office District, while the applicant proposes to develop a restaurant with a drive-thru; and
WHEREAS, Section 3333.18, Building lines, requires a sixty (60) foot building setback line from East Broad Street, while the applicant proposes a thirty-nine (39) foot building setback line; and
WHEREAS, Section 3333.24, Rear yard; 3342.08, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes to eliminate the rear yard; and
WHEREAS, Section 3342.08, Driveway, requires that commercial driveways shall have a minimum width of twenty (20) feet, while the proposed development would establish a parcel line through an existing thirty-three (33) foot wide East Broad Street driveway, such that 14± feet of the driveway frontage would be on parcel 010-006510 and 19± feet would be on parcel 010-035381; and
WHEREAS, Section 3342.17, Parking lot screening, requires that headlight screening be provided for any portion of a parking lot that is located within eighty (80) feet of a residentially zoned property, while the applicant proposes to eliminate headlight screening on the development site but has agreed to install a six (6) foot high wood privacy fence, fifty-two (52) feet in length, on the north side of the alley on parcel 010-049418; and
WHEREAS, Section 3342.18, Parking setback line, requires a twenty-five (25) foot parking setback from East Broad and Twenty-First Streets while the applicant proposes to reduce the parking setback to ten (10) feet on East Broad Street and seven (7) feet on Twenty-First Street; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires a total of forty-four (44) on-site parking spaces for the proposed restaurant with a drive-thru, while the applicant proposes to provide twenty-five (25) parking spaces if the site is developed with Site Plan A, or thirty-eight parking spaces if developed with Site Plan B; and
WHEREAS, the Neareast Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested restaurant with a drive-through and reduced development standards because the applicant has worked closely with City of Columbus staff and the Near East Area Commission to provide site design and architectural development standards that contribute to safe pedestrian access and the neighborhood's architectural character. A hardship exists because a restaurant with a drive-thru and reduced development standards is not a permitted use in the AR-O, Apartment Residential-Office 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 1054 EAST BROAD STREET (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 3333.04, Permitted uses in AR-O Apartment Residential-Office District; 3333.18, Building lines; 3333.24, Rear yard; 3342.08, Driveway; 3342.17, Parking lot screening; 3342.18, Parking setback line; and 3342.28, Minimum number of parking spaces required is hereby granted for the property located at 1054 EAST BROAD STREET (43205), in that said section prohibits a restaurant with a drive-thru, with a thirty-nine (39) foot building setback from East Broad Street, 10 foot / 7 foot parking setbacks from East Broad Street and Twenty-First Street, respectively, no rear yard, a thirty-three (33) foot wide commercial driveway with fourteen (14±) feet located on parcel 010-006510 and nineteen (19±) feet located on parcel 010-035381, no parking lot screening along the northern property line, and the required forty-four (44) parking spaces reduced to twenty-five (25) spaces if developed in accord with Site Plan A (0.584 acre site) or thirty-eight (38) spaces if developed in accord with Site Plan B (0.671 acre site), said property being more particularly described as follows:
LEGAL DESCRIPTION #1: 0.671± ACRE RESTAURANT SITE IN THE AR-O, APARTMENT OFFICE DISTRICT
Situated in the State of Ohio, County of Franklin, City of Columbus and containing 0.671 acre of land, more or less, being all of Lot 3 and Lot 4 and part of Lot 2 as same is designated and delineated upon the recorded plat of John Joyce's Addition Plat Book 7, Page 170 (all references used in this description refer to the records of the Recorder's Office, Franklin County, Ohio), also being all of that tract of land as conveyed to Union Oil Company of California as recorded in Instrument #200008150164144, and part of that tract of land as conveyed to R.H.W., Inc. as recorded in Instrument #200206050139873, said 0.671 acre being more particularly described as follows:
Beginning at an iron pipe set at the southeast corner of Lot 4 in said John Joyce' Addition also being the intersection of the west right of way of 21st Street and the north right of way of East Broad Street;
Thence, SOUTH 78°08'23" WEST, along the north right of way of East Broad Street and the south line of Lots 4, 3, and 2 in said John Joyce's Addition, a distance of 150.30 feet to an iron pipe set;
Thence, NORTH 11°51'37" WEST, along a new division line across and through said Lot 2, a distance of 173.50 feet to an iron pipe set in the south right of way of a 20.00 foot alley, also being the north line of said Lot 2;
Thence, NORTH 78° 08'23" EAST, along the north line of Lots 2, 3, and 4 in said John Joyce's Addition, and the south right of way line of said 20.00 foot alley, a distance of 186.74 feet to an iron pipe set in the west right of way line of the aforesaid 21st Street, also being the east line of said Lot 4;
Thence, SOUTH, along the west right of way line of said 21st Street, also being the east line of said Lot 4, a distance of 177.28 feet to the Point of Beginning and containing 0.671 acre of land, more or less.
Subject to all restrictions, easements and rights of way of previous record.
The above description was prepared by Michael O. Wanchick, Ohio Surveyor No. 7854 of Geo Graphics, Inc., Land Surveying and Civil Engineering, Columbus, Ohio, from information taken from an actual field survey of the premises in February 2004.
All iron pipes set are ¾ inch diameter by 30 inches in length with I.D. cap stamped "Geo Graphics".
Basis of Bearing: The west right of way line of 21st Street was assigned a bearing of NORTH as recorded in John Joyce's Addition Plat Book 7, Page 170 Franklin County Recorder's records and all other bearings calculated from this meridian.
LEGAL DESCRIPTION #2: 0.438± ACRE NON-CONFORMING GASOLINE STATION IN THE AR-O, APARTMENT OFFICE DISTRICT
Situated in the State of Ohio, County of Franklin, City of Columbus and containing 0.438 acre of land, more or less, being all of Lot 1 and part of Lot 2 as same is designated and delineated upon the recorded plat of John Joyce's Addition Plat Book 7, Page 170 (all references used in this description refer to the records of the Recorder's Office, Franklin County, Ohio), also being part of that tract of land as conveyed to R.H.W., Inc. as recorded in Instrument #200206050139873, said 0.438 acre being more particularly described as follows:
Beginning at an iron pipe set at the southwest corner of Lot 1 in said John Joyce' Addition also being the intersection of the east right of way of 20th Street and the north right of way of East Broad Street;
Thence, NORTH 00°02'35" WEST, along the east right of way of 20th Street and the west line of Lot 1 in said John Joyce's Addition, a distance of 177.26 feet to an iron pipe set;
Thence, NORTH 78°08'23" EAST, along the north line of Lots 1 and 2 in said John Joyce's Addition, and the south right of way line of a 20.00 foot alley, a distance of 91.70 feet to an iron pipe set;
Thence, SOUTH 11°51'37" EAST, along a new division line across and through said Lot 2, a distance of 173.50 feet to an iron pipe set in the north right of way of a East Broad Street, also being the south line of said Lot 2;
Thence, SOUTH 78°08'23" WEST, along south line of said Lots 1 and 2, also being the north right of way line of said East Broad Street, a distance of 128.00 feet to the Point of Beginning and containing 0.438 acre of land, more or less.
Subject to all restrictions, easements and rights of way of previous record.
The above description was prepared by Michael O. Wanchick, Ohio Surveyor No. 7854 of Geo Graphics, Inc., Land Surveying and Civil Engineering, Columbus, Ohio, from information taken from an actual field survey of the premises in February 2004.
All iron pipes set are ¾ inch diameter by 30 inches in length with I.D. cap stamped "Geo Graphics".
Basis of Bearing: The west right of way line of 21st Street was assigned a bearing of NORTH as recorded in John Joyce's Addition Plat Book 7, Page 170 Franklin County Recorder's records and all other bearings calculated from this meridian
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as parcel 010-035381 of said property is used for a lot developed with a restaurant with a drive-thru, or those uses permitted in the AR-O, Apartment-Office District.
SECTION 3. That this ordinance is further conditioned on development as shown on Site Plan A, titled "SITE DIMENSION PLAN FOR WENDY'S INTERNATIONAL, INC., 1054 EAST BROAD STREET, 0.584 AC. / 25,429 SQ. FT." or Site Plan B, titled "SITE DIMENSION PLAN FOR WENDY'S INTERNATIONAL, INC., 1054 EAST BROAD STREET, 0.671 AC. / 29,238 SQ. FT.," and building elevation drawings titled "EXTERIOR ELEVATIONS, BRICK/SERIES II FASCIA, SHEET 5" AND "EXTERIOR ELEVATIONS, BRICK/SERIES II FASCIA, SHEET 5A," all signed by Jeffrey L. Brown, Attorney for the Applicant on February 19, 2004. The site plans and building elevations may be slightly adjusted to reflect engineering, topographical, or other site data, developed at the time development or when engineering plans are completed. Any slight adjustments to Site Plan A or B or the building elevations shall be reviewed and approved by the Director of the Department of Development, or his/her designee, upon submission of appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on the requirement that the applicant grant a cross-access easement to the owner of parcel 010-035381 006510 that shall be recorded as part of a lot split required for the applicant to acquire a portion of said parcel, and so that the operator of the non-conforming gasoline station can continue to use the existing 33' wide commercial driveway.
SECTION 5. That this ordinance is further conditioned in that the current use of record for parcel 010-006510, non-conforming gasoline station, shall not be affected by this Council Variance.
SECTION 6. The free standing sign shall be a monument style graphic with a maximum height of seven feet.
SECTION 6 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.