Explanation
Council Variance Application: CV05-030
APPLICANT: Columbus Compact Corporation and City of Columbus Department of Development; c/o Jonanthan C. Beard, President; Columbus Compact Corporation; 1000 East Main Street; Columbus, OH 43205.
PROPOSED USE: Mixed-use commercial building.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a 3,492 square-foot vacant commercial building. The applicant is requesting a Council Variance to renovate the building and allow limited commercial uses in the R-2F, Residential District. A new 3,400 square-foot outdoor dining area will be provided in front of the existing building, and mechanical equipment and a commercial dumpster will be located on the parcel immediately to the south of the site. The site was rezoned from the C-4, Commercial District to the R-2F, Residential District as part of the 1974 Model Cities rezoning. A variance is necessary because the R-2F District prohibits commercial uses. Variances to conform the building's existing conditions are also included in the request. The site lies within the Near East Area Plan (1995), which encourages mixed use development including commercial and apartment/office uses along Long Street. The Plan is currently undergoing an update, and the draft Plan denotes East Long Street as a Commercial Node District and recommends higher density residential and mixed-use development for this corridor. The site also lies within the planning area of the King-Lincoln District Plan (2002), which encourages an Arts and Entertainment Center and shared parking district along Long Street west of Monroe Avenue. The site is included within the Long Street Neighborhood Commercial Revitalization area, and is within the Urban Commercial Overlay. A hardship exists in that a commercial use had already been established on this site, and various City plans and overlays recommend commercial use of the site, but the R-2F zoning designation prevents renovation of the building and limited commercial uses without City Council action.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential district; 3332.05, Area district lot width requirements; 3332.18, Basis of computing area; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.28, Minimum number of parking spaces required; 3372.609, Setback requirements; and 3372.611, Design standards; of the Columbus City codes for the property located at 791 EAST LONG STREET (43203), to permit a mixed-use commercial building with reduced development standards in the R-2F, Residential District and to declare an emergency. (Council Variance # CV05-030)
Body
WHEREAS, by application #CV05-030, the owner of the property at 791 EAST LONG STREET (43203), is requesting a Variance to permit a mixed-use commercial building with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential district, prohibits commercial uses, while the applicant proposes to allow an existing mixed-use commercial building with reduced development standards, and a commercial dumpster and mechanical equipment for the existing structure to be the primary uses on the property located to the south of the site
(Parcel Number 010-049753); 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 in order that this development in the King Lincoln District can proceed as quickly as possible; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires that no building shall be erected or altered on a lot with a width measurement at the front line of no less than fifty (50) feet in the R-2F, Residential District, while the applicant proposes placement of a commercial dumpster and mechanical equipment on Parcel Number 010-049753 which has a forty-five (45) foot lot width; and
WHEREAS, Section 3332.18, Basis of computing area, requires that no dwelling shall occupy alone or together with any other building greater than fifty (50) percent of the lot area, while the applicant proposes no dwelling and a one-hundred
(100) percent lot coverage for the existing building and new dining area; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes a minimum side yard of zero (0) feet along the east and west property lines for the existing building, and a zero (0) foot side yard for the building's mechanical equipment on the north side of Parcel Number 010-049753; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes to maintain a zero (0) percent rear yard for the existing building; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires one (1) parking space for every 300 square feet of general office space, one (1) parking space for every 250 square feet of retail space, and one (1) parking space for every 75 square feet of restaurant space, or a maximum requirement of forty-seven (47) spaces, while the applicant proposes zero (0) parking spaces for the existing building; and
WHEREAS, Section 3372.609, Setback requirements, requires that the maximum building setback is ten (10) feet or fifteen (15) feet for up to fifty (50) percent of the building frontage when a public-private setback zone is provided, while the applicant proposes the existing building setbacks of thirty-five (35) and forty (40) feet along East Long Street.
WHEREAS, Section 3372.611(D), Design standards, requires that for each secondary building frontage, at least sixty
(60) percent of the area between the height of two (2) feet and ten (10) feet above the nearest sidewalk grade shall be
clear/non-tinted window glass permitting a view of the building's interior to a minimum depth of four (4) feet for a minimum distance of ten (10) feet from the primary frontage, while the applicant proposes to maintain no window glass on the secondary (Garfield Avenue) frontage of the existing building; and
WHEREAS, this variance will allow the renovation of an existing mixed-use commercial building with reduced development standards in the R-2F, Residential District; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the site is developed with a 3,492 square-foot vacant commercial building, and the applicant is requesting a Council Variance to renovate the building and allow limited commercial uses in the R-2F, Residential District. A new 3,400 square-foot outdoor dining area will be provided in front of the existing building, and mechanical equipment and a commercial dumpster will be located on the parcel immediately to the south of the site. The site was rezoned from the C-4, Commercial District to the R-2F, Residential District as part of the 1974 Model Cities rezoning. A variance is necessary because the R-2F District prohibits commercial uses. Variances to conform the building's existing conditions are also included in the request. The site lies within the Near East Area Plan (1995), which encourages mixed use development including commercial and apartment/office uses along Long
Street. The Plan is currently undergoing an update, and the draft Plan denotes East Long Street as a Commercial Node District, and recommends higher density residential and mixed-use development for this corridor. The site also lies within the planning area of the King-Lincoln District Plan (2002), which encourages an Arts and Entertainment Center and shared parking district along Long Street west of Monroe Avenue. The site is included within the Long Street Neighborhood Commercial Revitalization area, and is within the Urban Commercial Overlay. A hardship exists in that a commercial use had already been established on this site, and various City plans and overlays recommend commercial use of the site, but the R-2F zoning designation prevents renovation of the building and limited commercial uses without City Council action; 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 791 EAST LONG STREET (43203), in using said property as desired and; 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; 3332.05, Area district lot width requirements; 3332.18, Basis of computing area; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.28, Minimum number of parking spaces required; and 3372.611, Design standards; of the Columbus City codes for the property located at 791 EAST LONG STREET (43203), insofar as said sections prohibit a mixed-use commercial building, placement of a commercial dumpster and mechanical equipment on a 45-foot wide lot , an increased lot coverage of 100% from a 50% maximum for the existing building and new dining area, a reduced minimum side yard from 5 feet to 0 feet along the east and west property lines for the existing building and 0 feet from the north property line of Parcel Number 010-049753 for mechanical equipment, a reduced rear yard to 0% from a 25% minimum for the existing building, a parking space reduction from a potential 47 spaces to 0 spaces, a building setback greater than 10 feet, and no windows along the secondary frontage of the building; said property being more particularly described as follows:
791 EAST LONG STREET (43203), being 0.48± acres located at the southeast corner of East Long Street and Garfield Avenue, and being more particularly described as follows:
PARCEL NO: 010-049607
Situated in the county of Franklin, in the State of Ohio, and in the City of Columbus:
Being part of Lots Numbers Nine (9) and Ten (10) of THEODORE W. TALLMADGE'S Addition to the City of Columbus, Ohio, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 266, Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning at the Southeast corner of Long Street and Garfield Avenue as now laid out; thence easterly along the south side of Long Street 92.01 feet to a point; thence southerly on a line parallel with the east line of Garfield Avenue 51.84 feet to a point; thence westerly on a line parallel with the north and south lines of said Lots 9 and 10, 90 feet to the east line of Garfield Avenue, thence northerly along the east line of Garfield Avenue 31.77 feet to the place of beginning.
PARCEL NO: 010-004281
Situated in the county of Franklin, in the State of Ohio, and in the City of Columbus:
Being a part off the west end of a tract of land described as being 35 feet off the north side of Lot No. 9 and all of Lots Nos. 10 and 11, lying on the south side of Long Street of T.W. Tallmadge's Subdivision as shown in Plat Book 1, Page 265, Recorder's Office, Franklin County, Ohio and bounded and described as follows:
Beginning at a point in the east line of Garfield Avenue 31.77 feet south of the intersection of the east line of Garfield Avenue with the south line of Long Street, thence East and parallel with the north line of Lot No. 9 above Garfield Avenue 37 feet to a point 35 feet south of the north line of Lot No. 9, thence west and parallel with the north line of Lot No. 9, 90 feet to the east line of Garfield Avenue, thence north with the said east line of Garfield Avenue 37 feet to the place of beginning.
PARCEL NO: 010-049753
Situated in the county of Franklin, in the State of Ohio, and in the City of Columbus:
Being 132.84 feet off of the west end of the following described property:
Being 45' off of the south side of lot number nine (9) of T.W. Tallmadge's addition, to said City of Columbus, as per plat of said addition recorded in the Franklin County, Ohio recorder's Office in plat book no. 1, page 266, said real estate being a part of half section number 13, township no. 5, range no. 22 refugee tract, 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 as a mixed-use commercial building, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "791 EAST LONG STREET," drawn by Blostein/Overly Architects, dated August 16, 2005, and signed by Jonathan C. Beard, Applicant. The Zoning Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the Zoning Site Plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the combination of tax parcel numbers 010-049607 and 010-004281 to form one (1) tax parcel number prior to the issuance of Zoning Clearance.
SECTION 5. That this ordinance is further conditioned upon the following permitted uses that can be established in the building:
First Floor Uses: Baked Goods Stores; Cafes; Delicatessens and Restaurants; Florists; Gift, Novelty and Souvenir Stores; Specialty Food Stores; Radio and Television Broadcasting Stations and Studios; Recording Studios; Art Dealers and Galleries; Arts and Crafts Stores; Compact Disc, Music, Record and Video Stores (includes rental); and Jewelry Stores.
SECTION 6. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 7. That this ordinance is further conditioned upon compliance with Urban Commercial overlay requirements if the existing building is replaced with a new building.
SECTION 8. 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.