Explanation
Council Variance Application: CV10-034
APPLICANT: Nina Masseria; c/o Michael Seamon, Architect; 870 Franklin Avenue; Columbus, Ohio 43205.
PROPOSED USE: Baked-goods store with seating and a real estate office.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a 2-story commercial structure zoned in the ARLD, Apartment Residential District. The applicant requests a Council variance to allow a baked goods store with seating on the first floor while maintaining an existing real estate office on the second floor. Variances for existing yard and area standards, parking lot related items to allow an existing gravel lot for employee parking, and a reduction of 15 required parking spaces are included in the request. The site is located within the planning area of the Near East Plan (2005), which contains a series of criteria that can be used to determine if proposed commercial uses should be supported within residential areas. Key factors include whether the structure has a history of commercial activity and parking considerations. This request can be supported because the proposal includes a renovated commercial building, brings a desirable business to the area, and is located in a dense, pedestrian-oriented neighborhood.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1, apartment residential district use; 3312.13, Driveway; 3312.27, Parking setback line; 3312.39, Striping and marking; 3312.43, Required surface for parking; 3312.45, Wheel stop device; 3312.49 Minimum numbers of parking spaces required; 3321.01, Dumpster area; 3333.09, Area requirements; 3333.18 (E), Building lines; 3333.19 (a) (1), Building lines on corner lots; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; and 3333.27, Vision clearance, of the Columbus City Codes; for the property located at 1157-1159 OAK STREET (43205), to permit a baked-goods store with seating and a real estate office with reduced development standards in the ARLD, Apartment Residential District and to declare an emergency. (Council Variance # CV10-034). (REPEALED BY ORD. 1591-2016; PASSED 6/27/2016)
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WHEREAS, by application #CV10-034, the owner of the property at 1157-1159 OAK STREET (43205), is requesting a Variance to permit a baked-goods store with seating and a real estate office 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 commercial uses in the ARLD, Apartment Residential District, while the applicant proposes a baked goods store with seating on the first floor while maintaining an existing real estate office on the second floor; and
WHEREAS, Section 3312.13, Driveway, requires that a commercial driveway be at least twenty (20) feet wide, while the applicant proposes to maintain the existing twelve (12) foot wide driveway; and
WHEREAS, Section 3312.27, Parking setback line, requires a twenty-five (25) foot parking setback line, while the applicant proposes to maintain a zero (0) foot parking setback line for the existing parking spaces along South Champion Avenue; and
WHEREAS, Section 3312.39, Striping and marking, requires parking spaces to be striped, while the applicant proposes to maintain area for four parking spaces to the rear of the building with no striping or marking; and
WHEREAS, Section 3312.43, Required surface for parking, requires the surface of any parking or loading space, parking lot, aisle or driveway be designed to control storm water runoff and be improved with Portland cement, or other approved hard surface other than gravel or loose fill, while the applicant proposes to maintain the gravel parking lot and driveway in the rear of the building for four employee parking spaces; and
WHEREAS, Section 3312.45, Wheel stop device, requires wheel stop devices whenever a parking lot extends to a property line, while the applicant proposes to not to provide wheel stop devices four employee parking spaces; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires 1 parking space per 450 square feet of general office space, and 1 parking space per 75 square feet for an eating establishment; a minimum total requirement of twenty (20) parking spaces, while the applicant proposes one (1) ADA parking space, and will maintain an existing gravel lot for up to four employee vehicles; and
WHEREAS, Section 3321.01, Dumpster area, requires that a dumpster not be located in any required yard, while the applicant proposes a dumpster in the required rear yard as shown on the site plan; and
WHEREAS, Section 3333.09, Area requirements, requires that no building shall be erected or altered on a lot with a width of no less than fifty (50) feet, while the applicant proposes to maintain the existing lot width of thirty-nine feet four inches (39'-4"); and
WHEREAS, Section 3333.18 (E), Building lines, requires buildings to have a minimum setback of ten (10) feet, while the applicant proposes to maintain a setback of zero (0) feet along Oak Street; and
WHEREAS, Section 3333.19 (a) (1), Building lines on corner lots, exceptions, allows a building line of 20% of the lot width along the longer side of a corner lot, which equals 7.88 feet, while the applicant proposes to maintain a minimum building line of two (2) ± feet along South Champion Avenue; 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 7.88 feet, while the applicant proposes to maintain a maximum side yard of two (2) ± feet for the existing building; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes to maintain the zero (0) foot side yard along the west property line for the existing building; and
WHEREAS, Section 3333.27, Vision clearance, prohibits any portion of a fence or wall exceeding two and one-half (2 ½) feet in height above the finished lot grade to exceed twenty-five (25) percent opacity when located in a required yard having vehicular access to a street or abutting such access within thirty (30) feet of the intersection, while the applicant proposes to maintain the existing building which encroaches into the clear vision triangle at the intersection of Oak Street and South Champion Avenue; and
WHEREAS, this variance will permit a baked-goods store with seating and a real estate office 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 requested Council variance to allow a baked-goods store with seating and a real estate office in an existing commercial building substantially meets evaluation criteria contained in the Near East Plan (2005) for consideration of new non-residential uses in residential areas; 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 1157-1159 OAK STREET (43205), 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 is hereby granted from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1, apartment residential district use; 3312.13, Driveway; 3312.27, Parking setback line; 3312.39, Striping and marking; 3312.43, Required surface for parking; 3312.45, Wheel stop device; 3312.49 Minimum numbers of parking spaces required; 3321.01, Dumpster area; 3333.09, Area requirements; 3333.18 (E), Building lines; 3333.19 (a) (1), Building lines on corner lots; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; and 3333.27, Vision clearance, of the Columbus City Codes; for the property located at 1157-1159 OAK STREET (43205), insofar as said sections prohibit a baked-goods store with seating on the first floor and a real estate office on the second floor, with a twelve (12) foot wide driveway, a zero (0) foot parking setback line along South Champion Avenue, four un-striped, unmarked parking spaces on a gravel surface and no wheel stop devices, a parking space reduction of fifteen required spaces, a dumpster in the required rear yard, a lot width of thirty-nine feet four inches (39'-4"), building lines of zero (0) feet along Oak Street and two (2) ± feet along South Champion Avenue, a maximum side yard of two (2) ± feet, a 0-foot minimum side yard along the west property line, and encroachment of the existing building into the clear vision triangle at the intersection of Oak Street and South Champion Avenue; said property being more particularly described as follows:
1157-1159 OAK STREET (43205), being 0.12± acres located at the southwest corner of Oak Street and South Champion Avenue, and being more particularly described as follows:
Parcel Number: 010-017250
1157-1159 Oak Street, Columbus Ohio 43205
Situated in t the County of Franklin, State of Ohio and City of Columbus described as follows:
Being Lot Number Two Hundred Eleven (211) in HOFFMAN & MCGREWS SECOND AMENDED ADDITION to the said City, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 200, Recorder's Office, Franklin County, Ohio, and also Lot Number TWO Hundred Twelve (212) of HOFFMAN & MCGREWS SECOND AMENDED ADDITION to the said City, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 207, Recorder's Office, Franklin County, Ohio, and described as follows:
Beginning at the Northwest corner of said Lot Number 212, thence southerly along the East line of said Lot Number 212 to the South line of said lot, thence westerly along said South line a distance of One (1) foot to a point; thence northerly along a line parallel to and One (1) foot west of the East line of said Lot 212 to a point in the North line of said lot; thence easterly along said North line to the place of beginning.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a baked-goods store with seating on the first floor and a real estate office on the second floor, 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 titled "1157-1159 OAK STREET SITE PLAN," dated November 9, 2010, and drawn and signed by Michael Seamon, Architect. The 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 plans shall be subject to review and approval by the Director of the Department Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance is further conditioned upon the applicant relocating the existing fences within the South Champion Avenue right-of-way onto the subject site as specified by the Department of Public Service.
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.