Explanation
Council Variance Application: CV17-053
APPLICANT: Ryan McFadyen; c/o Craig Smith, Architect; 850 King Avenue; Columbus, OH 43212.
PROPOSED USE: Fitness center.
ITALIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a 15,750 square-foot warehouse zoned in the L-M, Limited Manufacturing District (Ordinance # 498-95; Z94-097). The requested Council variance will permit up to 9,500 square feet to be converted from warehouse space to a fitness center. The variance is necessary because the L-M district only permits office and less-objectionable manufacturing uses. The site is located within the boundaries of the Italian Village East Redevelopment Plan (2000), which recommends institutional land uses for this location, however, staff recognizes that East Fifth Avenue is a commercial corridor and the proposed use is appropriate. The request includes a reduction to the minimum number of parking spaces required from 45 to 7. The site is located within the Short North Special Parking Area (SNSPA), but because the building permit to change the use of the space was filed prior to the SNSPA code change becoming effective, the parking variance can proceed. The required number of parking spaces under the SNSPA requirements is 22.5 spaces. The low parking demand of the building users, available on-street parking, and the presence of an off-site lease agreement were taken into consideration for the support of the proposed parking variance. Approval of this request will not introduce an incompatible use to the area.
Title
To grant a Variance from the provisions of Section 3370.05, Permitted uses; and 3312.49(B), Minimum number of parking spaces required, of the Columbus City Codes; for the property located at 279 EAST FIFTH AVENUE (43201), to permit a fitness center with reduced parking in the L-M, Limited Manufacturing District (Council Variance # CV17-053) and to declare an emergency.
Body
WHEREAS, by application # CV17-053, the owner of the property at 279 EAST FIFTH AVENUE (43201), is requesting a Council variance to permit a maximum of 9,500 square feet of fitness center space within an existing office/warehouse building located in the L-M, Limited Manufacturing District with reduced parking; and
WHEREAS, Section 3370.05 Permitted uses, allows one or more of the uses permitted by the underlying zoning district, which are limited to office and less-objectionable manufacturing uses of the M, Manufacturing District in Chapter 3363 of the Columbus City Code, as listed in the limitation overlay text adopted in Ordinance # 498-95 (Z94-097), while the applicant proposes to use up to 9,500 square feet of an existing 15,750 square-foot office/warehouse building for a fitness center; and
WHEREAS, Section 3312.49(B), Minimum number of parking spaces required, requires 1 parking space per 250 square feet for a fitness center, and 1 parking space per 1,000 square feet of warehouse space, a total requirement of 45 parking spaces, while the applicant proposes to maintain 7 parking spaces as currently developed on the site; and
WHEREAS, the Italian Village Commission recommendation is approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because staff recognizes that East Fifth Avenue is a commercial corridor, and the proposed use is appropriate. The low parking demand of the building users, available on-street parking, and the presence of an off-site lease agreement were taken into consideration for the support of the proposed parking variance. Approval of this request will not introduce an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 279 EAST FIFTH AVENUE (43201), in using said property as desired; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; now, therefore;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Section 3370.05, Permitted uses; and 3312.49(B), Minimum number of parking spaces required, of the Columbus City Codes, is hereby granted for the property located at 279 EAST FIFTH AVENUE (43201), insofar as said section and applicable limitation overlay text, adopted in Ordinance # 498-95 (Z94-097), does not permit a fitness center with a maximum area of 9,500 square feet within an existing office/warehouse building, and a reduction in the required number of parking spaces from 45 to 7; said property being more particularly described as follows:
279 EAST FIFTH AVENUE (43201), being 0.61± acres located at the southeast corner of East Fifth Avenue and North Fifth Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus: Being all of Lots Numbers One (1), Two (2), Three (3), Four (4) and Five (5) in W.J. McComb's 5th Avenue Subdivision, as shown of record in Plat Book 3, Page 387, Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning at a point at the intersection of the south line of East Fifth Avenue (60 feet wide) with the east line of North Fifth Street (25 feet wide) and at the northwest corner of said Lot No. 1;
thence s 87° 30' 00" E along the south line of East Fifth Avenue and along the north lines of said Lots Nos. 1, 2, 3, 4 and 5 a distance of 173. 00 feet to a point at the northeast corner of said Lot No. 5 and at the northwest corner of Lot Number Six (6) in said W.J. McComb's 5th Avenue Subdivision;
thence S 3° 02' 25" W along the east line of said Lot No. 5 and along the west line of said Lot No. 6 a distance of 173.23 feet to a point in the north line of Greenwood Avenue (approximately 31.31 feet wide), at the southeast corner of said Lot No. 5 and at the southwest corner of said Lot No. 6;
thence N 87° 30' 00" W along the north line of Greenwood Avenue and along the south lines of said Lots Nos. 5, 4, 3, 2 and 1 a distance of 135.09 feet to a point at the intersection of the north line of Greenwood Avenue with the east line of North Fifth Street and at the southwest corner of said Lot No. 1,
thence N 9° 19' 41" W along the east line of North Fifth Street and along the west line of said Lot No. 1 a distance of 176.98 feet to the place of beginning;
containing 0.613 acre of land more or less and being subject to all easements and restrictions of record.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a fitness center containing up to 9,500 square feet, or those uses permitted in the L-M, Limited Manufacturing District as specified by Ordinance # 498-95 (Z94-097).
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. 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.