Explanation
Council Variance Application: CV23-073
APPLICANT: Webb Entertainment, LLC; c/o Marcia Campbell, Agent; 3224 South High Street; Columbus, OH 43207.
PROPOSED USE: External storage.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a bowling alley in the CAC, Community Activity Center District. The requested Council variance will allow an accessory external storage area along the rear of the existing building for vehicles and equipment utilized for business activities. The Council variance application was filed in July of 2023 when the property was still zoned in the C-4, Commercial District, before the existing CAC district was established. A Council variance is necessary because the current CAC district and previous C-4 district do not allow external storage. The site is within the planning boundaries of the Scioto Southland Area Plan (2007), which recommends “Commercial” uses at this location. The Plan includes complete adoption of the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). While the Plan does not address accessory storage uses, Staff supports the proposal as it is ancillary to the existing commercial use, is limited in size and location as shown on the submitted site plan, and provides adequate screening from adjacent residential uses as recommended by the C2P2 Design Guidelines. Additionally, the external storage area will be located behind the existing building, hidden from the primary frontage along South High Street.
Title
To grant a Variance from the provisions of Section E.20.100, Uses, of the Columbus City Codes; for the property located at 3224 S. HIGH ST. (43207), to allow external accessory storage in the CAC, Community Activity Center District (Council Variance #CV23-073).
Body
WHEREAS, by application #CV23-073, the owner of property at 3224 S. HIGH ST. (43207), is requesting a Council variance to allow external accessory storage in existing free standing structures with reduced development standards in the CAC, Commercial Activity Center District; and
WHEREAS, Section E.20.100, Uses, prohibits external storage uses, including vehicle and equipment storage, in the CAC, Community Activity Center District, while the applicant proposes an accessory outdoor storage area behind the existing building for recreational vehicles and equipment associated with the existing business on this property; and
WHEREAS, this property was previously zoned in the C-4, Commercial District under Title 33 prior to the adoption of Title 34, and the proposed storage use would have also needed a variance to Section 3363.41(A), Storage, which requires a storage setback of 100 feet from any residential district, while the applicant proposes a 28-foot storage setback from the adjacent R-2, Residential District, and an 84-foot storage setback from the adjacent R-4, Residential District; and
WHEREAS, the Far South Columbus Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variance provides adequate screening that is consistent with the C2P2 Design Guidelines, is limited in size and location as shown on the submitted site plan, and will not add an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Zoning Clearance 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 3224 S. HIGH ST. (43207), 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 Section E.20.100, Uses, of the Columbus City Codes; is hereby granted for the property located at 3224 S. HIGH ST. (43207), insofar as said section prohibits accessory vehicle and equipment storage uses in the CAC, Commercial Activity Center District; said property being more particularly described as follows:
3224 S. HIGH ST. (43207), being 8.39± acres located on the east side of South High Street, 387± feet north of Rumsey Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 9, Township 4 North, Range 22 West, Mathew's Survey of Range 22, and being 8.065 acres of land, part of that tract containing 8.746 acres, according to a field survey by Civil & Environmental Consultants, Inc. in April 2010, conveyed to VBR Corporation in Instrument Number 200001190012186, (all recording references are to records on file in the Recorder's Office, Franklin County, Ohio unless otherwise noted), said 8.06S acres being more particularly described as follows:
Beginning for reference at an iron pipe found at the northwest corner of Lot 1 of Home Acres Subdivision, of record in Plat Book 16, Page 23, being in the south line of that 0.763 acre tract (0.687 acres according to survey) conveyed to HTN, Inc. in Instrument Number 199911020275706, said point being referenced 50 feet right at station 11+37.8 on the State of Ohio Department of Transportation's (ODOT) Right of Way plan titled "S.H. 5 SECS. EXP., G (PT) & F" dated March 6, 1939 and on file in the offices of ODOT District 6, (S.H. 5 being State Highway 5 hereto known as U.S. 23 and commonly known as High Street), and being in the south line of that 11 acre tract (10.906 acres by survey) conveyed to Minnie Goodfleish in Deed Book 638, Page 531 on September S, 1918;
Thence South 86°35'09" East, along the north line of Lot 1 of Home Acres, being the south line of the Goodfleish tract, and the south line of the HTN, Inc. tract, 116.36 feet to an iron pipe found at the southeast corner of the HTN, Inc. tract, being THE POINT OF BEGINNING;
Thence North 3°44'56" East, along the east line of the HTN, Inc. tract, 174.75 feet to an iron pipe found;
Thence North 86°35'09" West, along the north line of the HTN, Inc. tract, passing an iron pipe set with a plastic cap stamped "CEC PROP COR" in the east line of that right of way easement parcel conveyed to the State of Ohio in Deed Book 1149, Page 4 at 143.78 feet, a total distance of 176.00 feet to the northwest corner of the HTN, Inc. tract, being located in the west line of the Goodfleish tract, the previous center of U.S. 23 on said right of way plan;
Thence North 0"36'43" East, along the west line of the Goodfleish tract, being the previous center of U.S. 23 as shown on said right of way plan, 58.28 feet to the southwest corner of a proposed 0.682 acre tract, said point being located South 0°36'43" West, 150.34 feet from the northwest corner of the Goodfleish tract and South 0"36'43" East, 528.97 feet from the northwest corner of that tract of 15 acres conveyed to Emma Babbert in Deed Book 981, Page 631, (Babbert's northwest corner is referenced by a recovered granite right of way monument bearing South 86"03'03" East, 30.05 as described in Deed Book 1504, Page 213);
Thence into said 8.746 acres, along the south line of the proposed 0.682 acre tract, South 87"23'09" East, passing an iron pipe set with a plastic cap stamped "CEC PROP COR" in the east line of that right of way easement parcel conveyed to the State of Ohio in Deed Book 1149, Page 4 at 36.27 feet, a total distance of 59.17 feet to an iron pipe set with a plastic cap stamped "CEC PROP COR";
Thence South 3°27'56" West, continuing with a common line to said 0.682 acre tract, 22.03 feet to a magnetic survey nail set;
Thence South 86°11'14" East, continuing with a common line to said 0.682 tract, 213.09 feet to a magnetic survey nail;
Thence North 3°42'49" East, continuing with a common line to said 0.682 tract, 113.02 feet to an iron pipe with a plastic cap stamped "CEC PROP COR" in the north line of the 8.746 acre tract, being the common line between the Goodfleish tract and Babbert tract, and Tract I conveyed to Judah Tabernacle in Instrument Number 200708220148000;
Thence South 86°15'08" East, with the south line of Tract I of Judah Tabernacle, being the common line between Goodfleish and Babbert tracts, 72.92 feet to a point 50 feet south of and perpendicular to a 5/8 inch iron pipe found at a common corner to Tract I and Tract II conveyed to Judah Tabernacle, said iron
pin found as described in Deed Book 3234 Page 579 as being "on a line parallel and to the south line of the parcel described herein and 50 feet therefrom to an iron pin";
Thence South 85°53'52" East, continuing with the south of Tract I of Judah Tabernacle, being the common line between the Goodfleish and Babbert tracts, 735.77 feet to a rebar found at the southeast corner of Tract I of Judah Tabernacle, being the southwest corner of that tract of land conveyed to the Board of Education of the City School District of Columbus, of record in Deed Book 2250, Page 482;
Thence South 86°10'29" East, with the south line of the School District tract, being the common line between the Goodfleish and Babbert tracts, 399.85 feet to a rebar found with cap at the southeast corner of the School District tract, being the northeasterly corner to the Goodfleish tract and in the west line of Lot 159 of Home Acres Subdivision;
Thence South 3°51'38" West, along the west line Lot 159, the west line of Scottwood Road, and the west line of Lot 158 as shown on the plat of Home Acres, 320.32 feet to an iron pipe set with a plastic cap stamped "CEC PROP COR" in the north line of Lot 147, being the southeast corner of the Goodfleish tract;
Thence North 85°58'21" West, along the north line of Lot 147, 146, 145 as shown of the plat of Home Acres Subdivision, 281.20 feet to an iron pipe set with a plastic cap stamped "CEC PROP COR" at the northeast corner of Sixth Street, being the southeast corner of tract (1.473 acres by survey, 1.4692 acres by deed) conveyed to Network Housing 94 Sixth Street Inc. in Official Record Volume 32680, Page A10, said point being referenced by an iron pipe found at the northwest corner of Sixth Street bearing North 85°58'21" West, 50.00 feet;
Thence North 3°43'21" East, leaving the north line of Home Acres Subdivision, along the east line of said
1.473 acre tract, 201.24 feet to a 3/4 inch iron pipe found;
Thence North 86°33'52" West, along the north line of said 1.473 acre tract, 320.00 feet to an iron pipe set with a plastic cap stamped "CEC PROP COR";
Thence South 3°43'25" West, along the west line of said 1.473 acre tract, 200.00 feet to an iron pipe set with a plastic cap stamped "CEC PROP COR" in the north line of Lot 143 of Home Acres Subdivision, being referenced by an iron pipe found at the northeast corner of that portion of Lot 143 conveyed to Charles & Judith Meldau in Deed Book 2690, Page 331 which bears South 85°53'08" East, 44.91 feet;
Thence North 85°53'08" West, along the north line of Lot 143, 30.07 feet to an iron pipe found at the corner common to Lot 143 and 142 of Home Acres Subdivision;
Thence North 85°55'56" West, along the north Line of Lot 142, 149.31 feet to a rebar found at the corner common to Lot 142 and 141 of Home Acres Subdivision;
Thence North 86°21'49" West, along the north line of Lot 141 and 140 of Home Acres Subdivision,
302.47 feet to an iron pipe found at the common corner to Lot 140 and 139;
Thence North 86°11'01" West, along the north line of Lot 139 and a portion of the north line of Lot 1 of Home Acres Subdivision, 217.96 feet to the point of beginning.
Containing 8.065 acres of land, of which 0.046 acres lies in the right of way of U.S. 23.
Parcel No. 010-112308
Address: 3224 South High Street, Columbus, OH 43207
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for accessory vehicle and equipment storage for the existing commercial use located on this property, as shown on the submitted site plan, or those uses permitted in the CAC, Community Activity Center District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “SITE PLAN,” dated February 24, 2025, and signed by Mark Denny, the Architect for the Applicant. The 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 plan shall be subject to review and approval by the Director of the Department Building and Zoning Services, or 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 and a Certificate of Zoning Clearance for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.