Explanation
Council Variance Application: CV07-057
APPLICANT: Jorge Sandoval; c/o Byron L. Potts, Atty.; 415 East Broad Street; Columbus, OH 43215.
PROPOSED USE: Automotive accessory retail sales.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The applicant requests a Council Variance to permit an automobile accessory store in the L-C-2, Limited Commercial District. The L-C-2 District was established in 1987 (Z87-1625), and an existing dwelling that was subsequently converted to an office. In 2006, the applicant established an automotive accessory store without obtaining a building permit or zoning approval. A Zoning Code Violation was issued in July 2006. The applicant filed a request to rezone the property to L-C-4, Limited Commercial District in 2007 in order to secure proper zoning for his business. The site is located within Area 16 of The Northland Plan Volume I (2001) which recommends office development as an appropriate transition use between residential and commercial development, and the location of commercial (retail) development be encouraged at major intersections rather than along arterial roads. At the suggestion of Staff, the applicant converted the rezoning application to a Council variance request to keep the current development pattern for the L-C-2 District intact thereby preventing the negative impact that an L-C-4 District could have in the Planning Area. The variance will be conditioned on all installation of products sold being conducted off-site with no on-site automotive maintenance and repair permitted, and the applicant will need to obtain all required permits to establish the retail use. Although the requested Council variance is limited to one retail use, the proposal is inconsistent with the established development pattern and the land use recommendations of The Northland Plan Volume I.
Title
To grant a Variance from the provisions of Section 3353.03, C-2, Office Commercial Uses; of the Columbus City Codes for the property located at 4715 CLEVELAND AVENUE (43231), to permit automotive accessory retail sales in the L-C-2, Limited Commercial District (Council Variance # CV07-057).
Body
WHEREAS, by application No. CV07-057, the owner of property at 4715 CLEVELAND AVENUE (43231), is requesting a Council Variance to permit automotive accessory retail sales in the L-C-2, Limited Commercial District; and
WHEREAS, Section 3353.03, C-2, Office Commercial Uses, prohibits retail uses, while the applicant proposes an automotive accessory store; and
WHEREAS, City Departments recommend disapproval because the proposed Council variance to allow automotive accessory retail sales is inconsistent with the zoning and development patterns of the area, and with the land use recommendations of The Northland Plan Volume I; 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 4715 CLEVELAND AVENUE (43231), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance be granted from the provisions of Section 3353.03, C-2, Office Commercial Uses of the Columbus City Codes for the property located at 4715 CLEVELAND AVENUE (43231), insofar as said section prohibits automotive accessory retail sales; said property being more particularly described as follows:
4715 CLEVELAND AVENUE (43231), being 0.32± acres located on the west side of Cleveland Avenue, 332± feet south of Taymouth Road, and being more particularly described as follows:
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, PARTLY IN THE CITY OF COLUMBUS AND PARTLY IN THE TOWNSHIP OF SHARON, AND BEING A PART OF THE FOURTH QUARTER, TOWNSHIP 2, RANGE 18, UNITED STATES MILITARY LANDS AND BEING PART OF A 2.50 ACRE TRACT CONVEYED TO PAUL E. HEATH, SR. (ET. AL. 3) BY CERTIFICATE OF TRANSFER, SHOWN OF RECORD IN DEED BOOK 3223, PAGE 604, RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A SPIKE ON THE CENTERLINE OF CLEVELAND AVENUE AT THE NORTHEASTERLY CORNER OF SAID 2.50 ACRE TRACT, AND AT A SOUTHEASTERLY CORNER OF SCOTLAND, SHOWN OF RECORD IN PLAT BOOK 38, PAGE 108-A, SAID POINT BEING SOUTH 5°40'10" WEST, A DISTANCE OF 366.07 FEET FROM THE INTERSECTION OF THE CENTERLINE OF SAID CLEVELAND AVENUE WITH THE CENTERLINE OF TAYMOUTH ROAD (50 FEET WIDE) AND DEDICATED IN PLAT BOOK 38, PAGE 108-A;
THENCE SOUTH 5°40'10" WEST, CONTINUING ALONG THE CENTERLINE OF SAID CLEVELAND AVENUE, AND ALONG AN EASTERLY LINE OF SAID 2.50 ACRE TRACT, A DISTANCE OF 86.60 FEET TO A POINT AT A SOUTHEASTERLY CORNER OF SAID 2.50 ACRE TRACT, AND AT THE NORTHEASTERLY CORNER OF A 0.338 ACRE TRACT CONVEYED TO C.L. AND E.V. ATHERTON, SHOWN OF RECORD IN DEED BOOK 1114, PAGE 274;
THENCE NORTH 84°39'54" WEST ALONG A SOUTHERLY LINE OF SAID 2.50 ACRE TRACT, AND ALONG THE NORTHERLY LINE OF SAID 0.338 ACRE TRACT, PASSING AN IRON PIN ON THE WESTERLY LINE OF SAID CLEVELAND AVENUE AT 30.00 FEET, A TOTAL DISTANCE OF 210.00 FEET TO AN IRON PIN AT A CORNER OF SAID 2.50 ACRE TRACT, AND AT THE NORTH-WESTERLY CORNER OF SAID 0.338 ACRE TRACT, AND ON THE EASTERLY LINE OF LOT # 11 OF SAID SCOTLAND;
THENCE NORTH 5°40'10" EAST ACROSS SAID 2.50 ACRE TRACT, AND ALONG THE EASTERLY LINE OF LOTS 11, AND 10 OF SAID SCOTLAND, A DISTANCE OF 86.57 FEET TO AN IRON PIN ON THE NORTHERLY LINE OF SAID 2.50 ACRE TRACT, AND AT THE SOUTHWESTERLY CORNER OF LOT #1 OF SAID SCOTLAND;
THENCE SOUTH 84°40'30" EAST, ALONG THE NORTHERLY LINE OF SAID 2.50 ACRE TRACT, AND ALONG THE SOUTHERLY LINE OF SAID LOT #1, PASSING AN IRON PIN ON LINE AT THE SOUTHEASTERLY CORNER OF SAID LOT #1 AT 170.00 FEET, A TOTAL DISTANCE OF 210.00 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.417 ACRE.
EXCEPTING THEREFROM THE FOLLOWING TWO TRACTS OF LAND:
TRACT 1:
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, AND BEING PART OF QUARTER TOWNSHIP 4, TOWNSHIP 2, RANGE 18, OF THE UNITED STATES MILITARY LANDS AND BEING PART OF A 0.417 ACRE PARCEL OF LAND CONVEYED TO FREDERICK C. GORGE IN OFFICIAL RECORDS VOLUME 4139, PAGE G09, RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING FOR REFERENCE AT THE CENTERLINE INTERSECTION OF CLEVELAND AVENUE AND TAYMOUTH ROAD AS DEDICATED IN SCOTLAND SUBDIVISION, RECORDED IN PLAT BOOK 38, PAGE 108-A;
THENCE SOUTH 5°40'10" WEST WITH THE CENTERLINE OF CLEVELAND AVENUE, A DISTANCE OF 366.07 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE CONTINUING SOUTH 5°40'10" WEST WITH THE CENTERLINE OF CLEVELAND AVENUE, A DISTANCE OF 86.60 FEET TO A POINT;
THENCE NORTH 84°39'54" WEST ALONG THE NORTHERLY LINE OF AN 0.338 ACRE TRACT CONVEYED TO C. & E. ATHERTON IN DEED BOOK 1114, PAGE 274, A DISTANCE OF 40.00 FEET TO A POINT;
THENCE NORTH 5°40'10" EAST, A DISTANCE OF 86.59 FEET TO A POINT ON THE SOUTH LINE OF LOT #1 OF THE SCOTLAND SUBDIVISION;
THENCE SOUTH 84°40'30" EAST, A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.08 ACRES MORE OR LESS.
TRACT 2:
SITUATED IN THE TOWNSHIP OF SHARON, COUNTY OF FRANKLIN, STATE OF OHIO, AND IN QUARTER 4, TOWNSHIP 2, RANGE 18, UNITED STATES MILITARY LANDS, ALSO BEING PART OF THE LAND CONVEYED TO THE GRANTOR AS DESCRIBED ON OFFICIAL RECORDS VOLUME 10967, PAGE D07, AS BOTH ARE RECORD IN THE FRANKLIN COUNTY RECORDER'S OFFICE, AND BOUNDED AND DESCRIBED AS FOLLOWS:
BEING A PARCEL OF LAND LYING ON THE LEFT SIDE OF THE CENTERLINE OF A SURVEY FOR THE FRANKLIN COUNTY ENGINEER'S OFFICE, AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED POINTS IN THE BOUNDARY THEREOF:
COMMENCING AT THE CENTERLINE INTERSECTION OF CLEVELAND AVENUE AND MORSE ROAD AT A FOUND STATE HIGHWAY MONUMENT BOX;
THENCE NORTH 03°58'05" EAST, ALONG THE CENTERLINE OF CLEVELAND AVENEUE, A DISTANCE OF 690.11 FEET TO A FOUND RAILROAD SPIKE STATION 16+90.11;
THENCE NORTH 04°00'00" EAST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 1457.67 FEET TO A POINT AT STATION 31+47.76;
THENCE NORTH 86°00'00" WEST, LEAVING SAID CENTERLINE, A DISTANCE OF 40.00 FEET TO A POINT AT THE GRANTOR'S SOUTHEASTERN PROPERTY CORNER OF 40.00 FEET LEFT OF STATION 31+47.78, BEING THE POINT OF BEGINNING;
THENCE NORTH 86°20'40" WEST, ALONG THE GRANTOR'S SOUTHERLY PROPERTY LINE, A DISTANCE OF 10.00 FEET TO A POINT 50.00 FEET LEFT OF STATION 31+47.72;
THENCE NORTH 04°00'00" EAST, A DISTANCE OF 86.81 FEET TO A POINT ON THE GRANTOR'S NORTHERLY PROPERTY LINE 50.00 FEET LEFT OF STATION 32+34.53;
THENCE SOUTH 86°20'40" EAST, ALONG THE GRANTOR'S NORTHERLY PROPERTY LINE, A DISTANCE OF 10.00 FEET TO A POINT 40.00 FEET LEFT OF STATION 32+34.59;
THENCE SOUTH 04°00'00" WEST, ALONG THE GRANTOR'S EASTERLY PROPERTY LINE A DISTANCE OF 86.81 FEET, TO THE POINT OF BEGINNING;
THE ABOVE PARCEL OF LAND CONTAINS 0.020 ACRES, MORE OR LESS, OF WHICH THE PUBLIC ROAD OCCUPIES 0.000 ACRES.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for consultation and sales of automotive accessory parts, or those uses permitted in the L-C-2, Limited Commercial District established by application No. Z87-1625.
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 further conditioned on installation of products sold being conducted off-site with no on-site automotive installation, maintenance and repair permitted.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.