Explanation
Council Variance Application: CV10-014
APPLICANT: The Pagura Company; c/o Donald Plank, Plank Law Firm; 145 East Rich Street, 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Office/service/warehouse building and outside storage of materials.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 2.7 ± acre site has been used as a gas regulator station since 1956. In 1956, the facility, called a "town border station" consisted of gas regulators, measurement and testing devices and structures to house the regulators and testing equipment. The property was annexed to the City of Columbus in 1964 and zoned R-1, Residential District. In 1972, Columbia Gas obtained a Special Permit (SP72-089) from the Board of Zoning Adjustment (BZA) to construct a customer service crew building on the property. The property was rezoned to the I, Institutional District in 1981 (Z81-039), and BZA application 01311-00005 was approved July 24, 2001 which granted variances to driveway width, surface requirements, and a Special Permit (SP) for a portable building. Outside storage of materials and vehicles including but not limited to motor vehicles, dump trucks, construction equipment, excavation equipment, and associated trailers, are all activities and site functions that have occurred for many years on the property. Large areas of the site have had and will continue to have a gravel surface. Columbia Gas proposes to build a 5,000 square foot single story building, located as depicted on the submitted site plan. The proposed building will be used as a service facility for training of field employees, to maintain construction equipment/vehicles, and administrative support functions of this Columbia Gas facility. A Council Variance is necessary because, although the I District allows the gas regulator station use, it does not allow the proposed accessory uses including storage, equipment and vehicle maintenance, and general office/training/support. Approval of this request will not introduce an incompatible use to the area, and is consistent with the historical use of the property, previous variances, and the intent of the I, Institutional District. A Hardship exists because the site, existing uses, and the proposed building are an integral part of Columbia Gas providing services on the east side of Columbus.
Title
To grant a Variance from the provisions of Sections 3349.03, Permitted uses; and 3349.04(b), Height, area and yard regulations, of the Columbus City Codes, for the property located at 1446 MCNAUGHTEN ROAD (43232), to permit employee offices, employee training, administrative support functions, dispatching, storage and parking of motor vehicles and equipment, and outside storage of materials and equipment in conjunction with a gas regulator station with an increase in the maximum lot coverage in the I, Institutional District (Council Variance #CV10-014).
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WHEREAS, by application #CV10-014, the owner of property at 1446 MCNAUGHTEN ROAD (43232), is requesting a Variance to permit employee offices, employee training, administrative support functions, employee dispatching, storage and parking of motor vehicles and equipment, and outside storage of materials and equipment in conjunction with a gas regulator station with an increase in the maximum lot coverage in the I, Institutional District; and
WHEREAS, Section 3349.03, Permitted uses, does not permit office, training, administrative support, dispatching, vehicle/equipment maintenance, or storage uses to be located within said District, while the applicant proposes a 5,000 square foot single story building for employee offices, employee training, administrative support functions, dispatching, vehicle/equipment maintenance and storage, and continuation of existing uses including parking of motor vehicles and equipment, and outside storage of materials and equipment in conjunction with a gas regulator station; and
WHEREAS, Section 3349.04 (b), Height, area and yard regulations, requires that the maximum lot coverage shall be no greater than sixty (60) percent of the lot area, while the applicant proposes a ninety (90) percent lot coverage by the proposed building, existing buildings, pavement and gravel areas; and
WHEREAS, City Departments recommend approval because approval of this request will not introduce an incompatible use to the area, and is consistent with the historical use of the property, previous variances, and the intent of the I, Institutional District. Although the I District allows the gas regulator station use, it does not allow the proposed accessory uses including storage, equipment and vehicle maintenance, and general office/training/support. A Hardship exists because the site, existing uses, and the proposed building are an integral part of Columbia Gas providing services on the east side of Columbus; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 roads, 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 1446 MCNAUGHTEN ROAD (43232), 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 Section 3349.03, Permitted uses; and 3349.04(b), Height, area and yard regulations, of the Columbus City Codes, for the property located at 1446 MCNAUGHTEN ROAD (43232), insofar as said sections prohibit employee offices, employee training, administrative support functions, dispatching, storage and parking of motor vehicles and equipment, and outside storage of materials and equipment in conjunction with a gas regulator station with an increase in the maximum lot coverage from sixty (60) percent to ninety (90) percent, said property being more particularly described as follows:
1446 MCNAUGHTEN ROAD (43232), being 2.7± acres located on the east side of McNaughten Road, 1625± feet south of East Main Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Half Section 21, Section 4, Township 12 North, Range 21 West, Refugee Lands, and being part of a 1.083 acre tract conveyed to Columbia Gas Transmission Corporation, as recorded in Official Record 11080, Page I 08, and all of a 1.8 acre tract conveyed to Ohio Fuel Gas Company (now known as Columbia Gas Transmission Corporation) as recorded in Deed Book 1982, Page 25, and now more particularly described as follows:
Beginning, for reference, at a point marking the intersection of the centerline of McNaughten Road, and Riverton Road;
thence South 04° 12' 55" West 297.06 feet, along the centerline of McNaughten Road, to a point marking the northwest corner of a 0.122 acre tract conveyed to the City of Columbus, of record in Official Record 1189, Page J 10;
thence South 85° 24' 19" East 60.00 feet, along the north line of said 0.122 acre tract and south line of a 1.0 acre tract conveyed to East Main Centers-I LLC, as recorded in Instrument Number 200206270158440, to an iron pin set (5/8 inch) marking the principal place of beginning of the herein described tract:
thence South 85° 24' 19" East 294.61 feet, along the north line of said 1.083 acre tract and south line of said 1.0 acre tract, to an iron pin found (5/8 inch) in the west line of said 1.8 acre tract marking the northeast corner of said 1.083 acre tract and the southeast corner of said 1.0 acre tract;
thence North 04° 10' 29" East 63.61 feet, along the west line of said 1.8 acre tract and east line of said 1.0 acre tract, to an iron pin found (5/8 inch) marking the northwest corner of said 1.8 acre tract and a southwest corner of a 47.846 acre tract conveyed to East Main Centers-I LLC, as recoded in Instrument Number 199803230065713;
thence South 85° 24' 19" East 398.60 feet, along the north line of said 1.8 acre tract and a south line of said 47.846 acre tract, to an iron pin found (3/4 inch) marking the northeast corner of said 1.8 acre tract;
thence South 04° 11' 58" West 196.71 feet, along the east line of said 1.8 acre tract and a south line of said 47.846 acre tract, to an iron pin found (3/4 inch) marking the southeast corner of said 1.8 acre tract, and in the north line of a 9.703 acre (Tract 2, Phase II) conveyed to McNaughten Woods LP, as recorded in Instrument Number 200103050043890;
thence North 85° 24' 19" West 693.22 feet, along the south lines of said 1.8 and 1.083 acre tracts and north line of said 9.703 acre tract and a 11.900 acre (Tract 1, Phase I) conveyed to McNaughten Woods LP, as recorded in Instrument Number 200103050043890, to an iron pin set (5/8 inch);
thence North 04° 12' 55" East 133.10 feet, across said 1.083 acre tract and parallel with the centerline of McNaughten Road, to the principal place of beginning, containing an area of 2.700 acres, of which 0.900 acres is in Parcel No 550-156230 and 1.800 acres is in Parcel No. 010-129751.
Basis of bearings assumed, based on the centerline of McNaughten Road being North 04° 12' 55" East. A survey of the above described premises was done by Bradley J. Patridge Jr., P.S. 7068, in June, 2010.
All iron pins set are 5/8" rebar, 30" long, with 1 ¼" plastic caps stamped "Patridge Surveying"
All referenced documents are on file at the Franklin County Recorder's Office, Columbus, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for employee offices, employee training, administrative support functions, employee dispatching, storage and parking of motor vehicles and equipment, and outside storage of materials and equipment in conjunction with a gas regulator station, or those uses permitted in the I, Institutional District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan titled, "PRELIMINARY SITE PLAN,"and elevation drawings titled, "EXTERIOR BUILDING ELEVATIONS," drawn by Dublin Building Systems, dated June 24, 2010, and signed by Donald Plank, Attorney for the Applicant. The Subject Site shall be developed in accordance with the attached plans. The plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development or engineering plan completion. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services a designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits for the proposed use.
SECTION 5. That this ordinance is further conditioned upon the following:
1. McNaughten Road right of way totaling 100 feet from the west right of way line shall be deeded to the City of Columbus in conjunction with the Site Plan Compliance Review process.
2. Two (2) new street trees shall be planted in the McNaughten Road right of way. Street trees shall be minimum 2 ½ inch caliper at planting. The location of the trees and the tree species shall be approved by the City Forester.
3. There is an existing chain link fence with slats along the south property line. The slats shall be maintained or replaced, as needed, to maintain screening with the south fence line.
4. Slats will be added to the existing chain link fence on the north property line starting at a point even with the west side of the new building and extending east 200 feet.
5. All new site or new building mounted lighting shall use cut-off style fixtures for down-lighting. This shall specifically not apply to any existing lighting.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.