Explanation
Council Variance Application: CV07-036
APPLICANT: Danny Popp; 855 E. Cooke Road; Columbus, OH 43224.
PROPOSED USE: Office or retail development.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested Council variance will allow the construction of a two-story 9,288 square foot commercial structure to be used for medical office, general office, or retail uses. The site is within the Urban Commercial Overlay and zoned in the ARLD, Apartment Residential District. A variance is necessary because the ARLD, Apartment Residential District prohibits office and retail uses. Additional variances are included for reduced maximum side yard and rear yard, parking lot screening, and a reduction of 19 required parking spaces. The site is located within the boundaries of The Near East Area Plan (2005), which recommends higher density residential and mixed-use development along the East Main Street corridor. The proposed Council variance is consistent with the zoning and development patterns of the area, and with the land use recommendations of The Near East Area Plan. Staff has advised the applicant that a rezoning of the property to a commercial district would be more appropriate than a Council variance given that the site is within the Urban Commercial Overlay, but the applicant prefers to continue with the Council variance process.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1, apartment residential district use; 3333.22, Maximum side yard required; 3333.24, Rear yard; 3342.17, Parking lot screening; and 3342.28, Minimum number of parking spaces required; of the Columbus City Codes for the property located at 881 EAST MAIN STREET (43205), to permit office and retail uses with reduced development standards in the ARLD, Apartment Residential District (Council Variance # CV07-036).
Body
WHEREAS, by application #CV07-036, the owner of the property at 881 EAST MAIN STREET (43205), is requesting a Variance to permit office and retail uses with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, prohibits office and retail uses in multi-family residential developments, while the applicant proposes a 9,288 square building with reduced development standards with the ability for the building to be used for medical or general office and retail uses; and
WHEREAS, Section 3333.22, Maximum side yard required, requires the sum of the widths of each side yard to equal 20% of the lot width or sixteen (16) feet, while the applicant proposes a maximum side yard of fourteen (14) feet for the new building and ten (10) feet for the parking lot; and
WHEREAS, Section 3333.24, Rear yard, requires that each dwelling, apartment house, or other principal building shall be erected so as 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 less than twenty-five (25) percent for the new building and parking lot as depicted on the site plan; and
WHEREAS, Section 3342.17, Parking lot screening, requires minimum five (5) foot high, 75% opaque screening for parking lots located within eighty (80) feet of residentially zoned property space, while the applicant proposes three (3) foot high evergreen bushes along the west property line as shown on the site plan; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires one (1) parking space for every 250 square feet of medical office or retail space, one (1) parking space for every 300 square feet of general office space, and two (2) parking spaces per dwelling unit, while the applicant proposes a total of nineteen (19) parking spaces for a 9,288 square-foot building; a maximum reduction of nineteen (19) required spaces; and
WHEREAS, the subject site is within the Urban Commercial Overlay and is subject to compliance with Sections 3372.607-3372.611; and
WHEREAS, this variance will permit office and retail uses with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the proposed commercial development is consistent with the zoning and development patterns of the area. The proposal is also consistent with the land use recommendations of The Near East Area Plan (2005), and this portion of East Main Street is within the Urban Commercial Overlay; 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 881 EAST MAIN STREET (43205), 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 3333.02, AR-12, ARLD, and AR-1, apartment residential district use; 3333.22, Maximum side yard required; 3333.24, Rear yard; 3342.17, Parking lot screening; and 3342.28, Minimum number of parking spaces required; of the Columbus City Codes for the property located at 881 EAST MAIN STREET (43205), insofar as said sections prohibit office and retail uses with a reduced maximum side yard from sixteen (16) feet to as low as ten (10) feet; a rear yard that is less than 25%; reduced parking lot screening along the west property line; and a parking space reduction from a maximum required 38 spaces to 19 spaces; said property being more particularly described as follows:
881 EAST MAIN STREET (43205), being 0.43 ± acres located on the south side of East Main Street, 30± feet east of South Eighteenth Street, and being more particularly described as follows:
Situated in the County of Franklin in the State of Ohio and the City of Columbus:
Being Lot Number One (1) of J. and H. Miller's Subdivision of Outlots 89, 90, and 91 of Crosby Addition to the Outlots of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Pat Book 1, Page 70, Recorder's Office, Franklin County, Ohio.
Said property is commonly known as East Main Street, Columbus, Ohio and is shown on the Franklin County Auditor's Records as Parcel No. 010-057022.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for medical or general office or retail uses, or those uses permitted in the ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan and elevations titled, "SITE PLAN-SHEET 1," "ELEVATIONS-SHEETS 2-3," and "NOTES-SHEET 4,"drawn by DDP and Associates, dated October 26, 2007, and signed by Danny D. Popp, architect. The Plans 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 Plans 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 4. That this ordinance is further conditioned upon the applicant providing a bicycle rack for employee and customer parking.
SECTION 5. That this ordinance is further conditioned upon the applicant preserving the three existing street trees with the wrought iron trunk protectors along the Main Street frontage.
SECTION 6. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.