Explanation
Council Variance Application: CV06-014
APPLICANT: Connie J. Klema, Atty.; P.O. Box 9914; Pataskala, OH 43062.
PROPOSED USE: Restaurant.
VICTORIAN VILLAGE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a 2038 square-foot vacant commercial building. The applicant is requesting a Council Variance to renovate the building and allow a restaurant in the R-4, Residential District. Variances to conform the site's existing conditions are included in the request. The site lies within the boundaries of Italian Village East Redevelopment Plan (2000), which encourages mixed-use development at this site, including commercial uses. The site is within the Urban Commercial Overlay, which applies to commercial but not residential uses. This proposal will contribute to the planned revitalization of the Italian Village East neighborhood. A hardship exists in that a commercial use was originally established on this site, and City plans and overlays recommend commercial use of the site, but the R-4 zoning designation prevents changing the use to a restaurant without City Council action. (REPEALED BY ORD. 1424-2016; PASSED 6/6/16)
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential district uses; 3332.05, Area district lot width requirements; 3332.15, R-4 Area district requirements; 3332.21, Building lines; 3332.22, Building lines on corner lots; 3372.609, Setback requiremants; 3332.25, Maximum side yard required; 3332.27, Rear yard; 3332.30(b), Vision clearance; 3342.28(B)14, Minimum number of parking spaces required; of the Columbus City codes for the property located at 944 NORTH FOURTH STREET (43201), to permit a restaurant with reduced development standards in the R-4, Residential District (Council Variance # CV06-014).
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WHEREAS, by application #CV06-014, the owner of the property at 944 NORTH FOURTH STREET (43201), is requesting a Variance to permit a restaurant with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential district uses, prohibits commercial uses, while the applicant proposes to allow a restaurant in a commercial building with reduced development standards; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires lot width of fifty (50) feet in the R-4 district, while the applicant proposes to maintain thirty-seven (37) feet; and
WHEREAS, Section 3332.15, R-4 Area district requirements, requires a principal building to be situated on a lot of not less than five thousand (5000) square feet, while the applicant proposes to maintain the existing lot area of 3,594 square feet; and
WHEREAS, Section 3332.21, Building lines, in conjunction with 3372.609, Setback requirements, requires zero feet, while the existing building encroaches in accordance with "Quitclaim Deed of Encroachment Easement;" and
WHEREAS, Section 3332.22, Building lines on corner lots, requires a corner property with a width of less than forty (40) feet to have a setback of at least twenty (20) percent of the property width minus two percent for each foot of lesser width than forty feet resulting in 5.18 feet in this case, while the applicant proposes to maintain the existing building encroachment in accordance with the "Quitclaim Deed of Encroachment Easement;" and
WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard to equal twenty (20) percent of the lot width or no more than sixteen (16) feet, while the applicant proposes to maintain a maximum side yard of zero (0) feet; and
WHEREAS, Section 3332.27, Rear yard, requires a principal building to provide a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes a rear yard of 237 square feet or 6.6 percent; and
WHEREAS, Section 3332.30(b), Clear Vision at intersections, requires a clear vision triangle to be maintained at intersections, while the existing building provides zero feet of vision clearance; and
WHEREAS, Section 3342.28(B)14, Minimum number of parking spaces required, requires a restaurant provide one (1) parking space per seventy-five (75) square feet of gross floor area, or 28 parking spaces, while the applicant proposes to provide two (2) parking spaces for the new use; and
WHEREAS, the applicant has secured a parking agreement with a nearby business to use 20 parking spaces; and
WHEREAS, this variance will allow a restaurant use with reduced development standards in the R-4, Residential District; and
WHEREAS, the Victorian Village Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because this proposal will contribute to the planned revitalization of the Italian Village East neighborhood. The site is developed with a 2038 square-foot vacant commercial building. The applicant is requesting a Council Variance to renovate the building and allow a restaurant in the R-4, Residential District. Variances to conform the site's existing conditions are included in the request. The site lies within the boundaries of Italian Village East Redevelopment Plan (2000), which encourages mixed-use development at this site, including commercial uses. The site is within the Urban Commercial Overlay, which applies to commercial but not residential uses. A hardship exists in that a commercial use was originally established on this site, and City plans and overlays recommend commercial use of the site, but the R-4 zoning designation prevents changing the use to restaurant 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 944 NORTH FOURTH STREET (43201), 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 3332.039, R-4, Residential district uses; 3332.05, Area district lot width requirements; 3332.15, R-4 Area district requirements; 3332.21, Building lines; 3372.609, Setback requiremants; 3332.22, Building lines on corner lots; 3332.25, Maximum side yard required; 3332.27, Rear yard; 3332.30(b), Vision clearance; 3342.28(B)14, Minimum number of parking spaces required; of the Columbus City codes for the property located at 944 NORTH FOURTH STREET (43201), to permit a 2038 square foot restaurant with reduced development standards in the R-4, Residential District; said property being more particularly described as follows:
LEGAL DESCRIPTION
010-049973
944 N. FOURTH STREET
Being Lot Number 1 of the Horace J. Maynard's Subdivision a subdivision which is delineated on a plat as recorded in Plat Book 2, Page 268 of the records of Franklin County, Ohio, said Lot also being described as parcel 18 as conveyed from Jeffrey Galion Inc., an Ohio corporation to Jeffrey Galion Inc., a Delaware corporation as recorded in Deed Book 3394, page 428 of the records of Franklin County, Ohio, and being more fully described as follows:
Beginning at a point of intersection of the easterly right-of-way line of North Fourth Street with the southerly right-of-way line of East Second Avenue, said point also being the northwest corner of Lot Number 1 of the above mentioned subdivision, thence South 86 degrees 56' 50" East a distance of 100.00 feet to a point in said southerly right-of-way line, said point also being the northeast corner of Lot Number 1 of the above mentioned subdivision; thence South 8 degrees 30' 22" East a distance of 37.00 feet to a point, said point being the southeast corner of Lot Number 1 of the above mentioned subdivision; thence North 86 degrees 56' 50" West a distance of 100.00 feet to a point in the easterly right-of-way of said North Fourth Street said point also being the southwest corner of Lot Number 1 of the above mentioned subdivision; thence North 8 degrees 30' 22" West a distance of 37.00 feet to the point of beginning.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a restaurant, or those uses permitted in the R-4, Residential 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 May 24, 2006, and signed by Connie J. Klema, Applicant. The 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 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 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 6. That this ordinance is further conditioned upon compliance with Urban Commercial overlay requirements if the existing building is replaced with a new building.
SECTION 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.