Explanation
Council Variance Application: CV05-022
APPLICANT: John and Gerlene Hunter; 670 East Gates Street; Columbus, Ohio 43206.
PROPOSED USE: To permit limited outdoor sales in the P-1, Private Parking District.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. This variance would permit limited outdoor sales in the P-1, Private Parking district. The South Side Plan (2002) states that "a number of objectionable commercial uses have located along Frebis Avenue" and recommends that neighborhood property owners be consulted to identify appropriate uses. The Vassor Village Civic Association and the Council of South Side Organizations, within whose boundaries the site is located, have both recommended disapproval of the variance. The request to allow limited retail uses on the site zoned P-1, Private Parking District, is not consistent with The South Side Plan in that it is a use which is not identified as an acceptable use by the local civic associations.
Title
To grant a Variance from the provisions of Section 3371.01, P-1, Private Parking District for the property located at 607 FREBIS AVENUE (43206), to permit limited outdoor sales in the P-1, Private Parking District.
Body
WHEREAS, by application No. CV05-022, the owner of property at 607 FREBIS AVENUE (43206), is requesting a Council variance to permit limited outdoor sales in the P-1, Private Parking District; and
WHEREAS, Section 3371.01, P-1, Private Parking District, prohibits commercial uses, while the applicant proposes limited outdoor sales; and
WHEREAS, the outdoor sales area would have setbacks of fifteen (15) feet from the sidewalk, five (5) feet from the east and west property lines, and would occupy 1,250 square feet on an improved surface; and
WHEREAS, the applicant proposes outdoor sales limited to three (3) days per week, Thursday, Friday and Saturday, with set-up, sales, and removal from the site being allowed only between the hours of 1:00 p.m. and 7:00 p.m.; and
WHEREAS, no items shall be stored or displayed on the site, except during the permitted days and times above; and
WHEREAS, City Departments recommend disapproval of this variance which would allow limited outdoor sales in the P-1, Private Parking District because The South Side Plan (2002) states that "a number of objectionable commercial uses have located along Frebis Avenue" and recommends that neighborhood property owners be consulted to identify appropriate uses. The Vassor Village Civic Association and the Council of South Side Organizations, within whose boundaries the site is located, have both recommended disapproval of the variance. The request to allow limited retail uses on the site zoned P-1, Private Parking District, is not consistent with The South Side Plan in that it is a use which is not identified as an acceptable use by the local civic associations; 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 607 FREBIS AVENUE (43206), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. Variance from the provisions of Section 3371.01, P-1, Private Parking District is hereby granted for the property located at 607 FREBIS AVENUE (43206), in that said section prohibits limited commercial uses, outdoor sales, in the P-1, Private Parking District; said property being more particularly described as follows:
Being Lots numbered 166 and 167 of the plat of the Estate of William Merion, deceased, as numbered and delineated upon the recorded plat thereof, of record in Complete Record 220, Page 586, Court of Common Pleas, 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 for limited commercial uses, outdoor sales only, or those uses permitted in the P-1, Private Parking District.
Section 3. That this ordinance is further conditioned on:
(a) Outdoor sales shall only be allowed a maximum of three (3) days per week, on Thursday, Friday and Saturday. Items for sale may be put out for display starting at 1:00 p.m and must be removed by 7:00 p.m.
(b) No items related to the outdoor sales shall be stored on the site overnight.
(c) No permanent structures shall be allowed except as permitted by Chapter 3371, if the property is used for a private parking lot.
(d) The display area shall be setback fifteen (15) feet from the sidewalk, five (5) feet from the eastern and western property lines and shall be a maximum of twenty-five (25) feet deep. The applicant's transportation may be located outside of the display area. At a minimum, one ADA parking space shall be provided.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.