Explanation
Council Variance Application: CV03-032
APPLICANT: TTG Properties LLC; c/o Donald Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Office, Restaurant, Non-accessory Parking uses.
GERMAN VILLAGE RECOMMENDATION: Approval
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance is for the former Engine House Number 5 and adjacent parking areas. The site is zoned in the R-2F, Residential District and was recently occupied by a restaurant, permitted by a 1972 Council Variance. The applicant requests a variance to add office uses and non-accessory parking to the permitted uses. The site lies within the boundaries of the German Village Commission, which recommends approval of the Council Variance. As stated in the enclosed Certificate of Appropriateness, the Commission's recommendation is conditioned on the Variance permitting both restaurant and office uses and allowing parking spaces not required by the principal use be used as non-accessory parking.
Title
To grant a Variance from the provisions of Sections 3332.037, Residential District; 3332.25, Minimum side yard; 3332.26, Maximum side yard; 3332.27, Rear yard; and 3342.28, Minimum number of parking spaces for the property located at 121 THURMAN AVENUE (43206), to permit office, restaurant, and non-accessory parking uses in the R-2F, Residential District, and to repeal Ordinance 572-73, passed April 16, 1973 and to declare an emergency. (Council Variance # CV03-032)
Body
WHEREAS, by application #CV03-032 the owner of property at 121 THURMAN AVENUE (43206), is requesting a Council Variance for an office or restaurant and parking lot in the R-2F, Residential District; and
WHEREAS, City Council Ordinance Number 572-73, Council Variance Application #CV72-052, established restaurant use as the only permited use for the former Engine House No. 5 Fire Station, while the Applicant requests to replace this existing Council Variance to add office and non-accessory parking uses as permited uses for the site; and
WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard shall equal or exceed twenty (20) percent of the width of the lot, provided that not more than sixteen (16) feet need be so devoted, while the applicant proposes to no side yards; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes no side yard, excepting the landscaping beds as shown on the site plan; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes no rear yard; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires 40 parking spaces for a general office use or 48 parking spaces for medical office uses, while the applicant proposes to provide 20 parking spaces on the parcel containg the former Engine House No. 5 Fire Station and additional 20 off-site parking spaces for a general office use or 28 off-site parking spaces for medical office uses, as shown on site plan; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires 160 parking spaces for a restaurant use, while the applicant proposes to provide 20 parking spaces on the parcel containing the former Engine House No. 5 Fire Station and additional 54 off-site parking spaces for a restaurant use, as shown on site plan; and
WHEREAS, the German Village Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the area is developed with both residential and non-residential land-uses within an area zoned exclusively within the R-2F, Residential District. Preserving the residential zoning and addressing propsed non-residential uses on a case by case basis is protective of the neighborhood and sensitive to the zoning pattern and to historical zoning policies within German Village; 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to submit for building permits for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 121 THURMAN AVENUE (43206), 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 Sections 3332.037, Residential District; 3332.25, Minimum side yard; 3332.26, Maximum side yard; 3332.27, Rear yard; and 3342.28, Minimum number of parking spaces, for the property located at 121 THURMAN AVENUE (43206), insofar as said sections prohibit the establishment of office and restaurant uses and parking lots with both accessory and non-accessory parking in a residential district; and to remove the requred side and rear yard requirements, reduce the required number of parking spaces for a restaurant use from 160 to 74 spaces, and allow parking spaces located off-site to count toward the parking requirements of the building located on another parcel, said property being more particularly described as follows:
121 THURMAN AVENUE (43206), being 1.13± acres located at the southeast and southwest corner of Thurman Avenue and South Fourth Street, and being more particularly described as follows:
LEGAL DESCRIPTION
121 Thurman Avenue
CV03-032
Parcel One:
Situated in the State of Ohio, County of Franklin and City of Columbus, and bounded and described as follows:
Being Lot Number Four (4) of John X. Zuber's Subdivision of Parts of Lots Number 45, 46 and 47 of Deshler's, Thurman's and Bennett's Subdivision of Lots Number 47 to 83 inclusive of Deshler's and Thurman's Addition to the City of Columbus, Ohio, as said lot is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 7, page 171, Recorder's Office, Franklin County, Ohio.
Parcel Two:
Situated in the State of Ohio, County of Franklin and City of Columbus, and bounded and described as follows:
Being Lot Number Two (2) of John X. Zuber's Subdivision of parts of lots numbers 45, 46 and 47 of Deshler's, Thurman's and Bennett's Subdivision of Lots Numbers 47 to 83, inclusive of Deshler's and Thurman's Addition to the City of Columbus, Ohio, as said Lot Number Two (2) is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 7, page 171, Recorder's Office, Franklin County, Ohio.
Parcel Three:
Situated in the State of Ohio, County of Franklin and City of Columbus, and bounded and described as follows:
Being 103 feet off of the north end of Lots Number Forty-Five (45) and Forty-Six (46) of Deshler, Thurman and Bennett's Subdivision of a part of Deshler and Thurman's Addition to the City of Columbus, Ohio, as shown on the plat of said subdivision recorded in Plat Book Number 3, page 158, Recorder's Office, Franklin County, Ohio. Said 103 feet hereby conveyed is bounded and described as follows:
Beginning at the intersection of the south line of Thurman Street in said City with the west line of Mozart Street, being the northeast corner of Lot Number 45, aforesaid, and running thence with the south line of Thurman Street westerly 83 feet to the northwest corner of Lot Number 46 aforesaid;
Thence with the west line of said Lot 46, southerly 103 feet to a point in said line;
Thence easterly parallel with the south line of Thurman Street 83 feet to the west line of Mozart Street;
Thence northerly with the west line of Mozart Street 103 feet to the place of beginning.
Parcel Four:
Situated in the State of Ohio, County of Franklin and City of Columbus and bounded and described as follows:
Being Lot Number One (1) of John X. Zuber's Subdivision of parts of Lots Numbers 45, 46 and 47 of Deshler's, Thurman's and Bennett's Subdivision of Lots Numbers 47 to 83 inclusive, of Deshler's and Thurman's Addition to the City of Columbus, Ohio, as said Lot Number One (1) is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 7, page 171, Recorder's Office, Franklin County, Ohio.
Parcel Five:
Situated in the State of Ohio, County of Franklin, and City of Columbus and founded and described as follows:
Being Lot Number Three (3) in Beck and Zuber's Subdivision of Lots Numbered 42, 43 and 44 in Deshler, Thurman and Bennett's Subdivision of Lots numbered 47 to 83 inclusive in Deshler and Thurman's Addition to said City of Columbus, Ohio, as the same in numbered and delineated on the recorded plat of said first named Subdivision of record in Plat Book No. 3, page 343, Recorder's Office, Franklin County, Ohio.
Parcel Six:
Situated in the State of Ohio, County of Franklin and City of Columbus and bounded and described as follows:
Being Lots Numbers One (1) and Two (2) in Beck and Zuber's Subdivision of Lots Numbered 42, 43 and 44 in Deshler, Thurman and Bennett's Addition to the City of Columbus as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 343, Recorder's Office, Franklin County, Ohio
Parcel Seven:
Situated in the State of Ohio, County of Franklin and City of Columbus and bounded and described as follows:
Being Lot Number Five (5) and north one-half (1/2) of Lot Number Six (6), of George Beck and John X. Zuber's Subdivision of Lots 42, 43 and 44 of Deshler, Thurman and Bennett's Subdivision of Lots 47 to 83 of Deshler and Thurman's Addition, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 343, Recorder's Office, Franklin County, Ohio.
Parcel Eight:
Situated in the State of Ohio, County of Franklin and City of Columbus and bounded and described as follows:
Being Lot Number Seven (7) and the south one-half of Lot Number Six (6) of George Beck and John X. Zuber's Subdivision of Lots Numbers 42, 43 and 44 of Deshler, Thurman and Bennett's Subdivision of Lots Numbers 47 to 83 of Deshler and Thurman's Addition to the City of Columbus, Ohio as said Lots 6 and 7 are numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 343, Recorder's Office, Franklin County, Ohio.
Parcel Nine:
Tract One:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being more particularly described as follows:
All of the alleys located in John Zuber Subdivision as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 7, page 171, Recorder's Office, Franklin County, Ohio.
Tract Two:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being more particularly described as follows:
All of the alleys located in Beck and Zuber Subdivision as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 343, Recorder's Office, 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 office, restaurant, and a parking lot or those uses permitted in the R-2F, Residential district.
SECTION 3. That this ordinance is conditioned on the site being developed in general conformance with the plan titled "ENGINE HOUSE #5", dated October 27, 2003 and signed by Donald T. Plank, Attorney for the Applicant. This plan, while illustrative of the general location of parking, is schematic and may be adjusted to reflect engineering, topographical, or other site data developed at the time of development and engineering plans are completed.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That Ordinance 572-2003, passed April 16, 1973 is hereby repealed.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.