Explanation
Council Variance Application: CV24-003
APPLICANT: Sabino Rubio; c/o Jeanne Cabral, Agent; 2939 Bexley Park Road; Columbus, OH 43209.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
PROPOSED USE: Automotive maintenance and sales, tire sales, and food truck.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of an existing automotive maintenance and sales facility within the C-3, Commercial District. The site is subject to zoning code violation #23470-01356 for failure to obtain zoning clearance for expansions to the facility. A Council variance is required because the C-3 district does not allow automotive maintenance and sales along with permanent placement of a food truck on the site, and will assist in legitimizing the expansions. Additional variances for maneuvering into the right-of-way, and for not requiring a Special Permit from the Board of Zoning Adjustment for the food truck, which is considered to be a portable building when it is not moved nightly, are included in the request. The proposed uses are consistent with the Scioto Southland Plan’s (2007) land use recommendation for “Commercial” uses at this location. This ordinance is also conditioned on the existing traffic access point to Parsons Avenue being restricted to vehicles entering or exiting the garage door facing Parsons Avenue.
Title
To grant a Variance from the provisions of Sections 3355.03, C-3 permitted uses; 3356.11(B), C-4 District setback lines; 3312.25, Maneuvering; and 3389.12, Portable building, of the Columbus City Codes; for the property located at 3439 PARSONS AVE. (43207), to allow automotive maintenance and sales, tire sales, and a food truck with reduced development standards in the C-3, Commercial District (Council Variance #CV24-003).
Body
WHEREAS, by application #CV24-003, the owner of property at 3439 PARSONS AVE. (43207), is requesting a Council variance to allow automotive maintenance and sales, tire sales, and food truck with reduced development standards in the C-3, Commercial District; and
WHEREAS, Section 3355.03, C-3 permitted uses, does not allow automotive maintenance and sales, tire sales, and the permanent keeping of a food truck, while the applicant proposes such uses, as shown on the submitted site plan; and
WHEREAS, Section 3356.11(B), C-4 District setback lines, requires a building setback line of 25 feet along Parsons Avenue, while applicant proposes a reduced building setback line for the proposed food truck of eleven feet; and
WHEREAS, Section 3312.25, Maneuvering, requires all maneuvering area for parking be located on the same lot or parcel, while the applicant proposes maneuvering across the parcel line into public right-of-way; and
WHEREAS, Section 3389.12, Portable building, does not allow a portable building on private property without a Special Permit, while the applicant proposes a food truck, considered a portable building, to remain on-site without a Special Permit, and without having to be moved nightly; and
WHEREAS, the Far South Columbus Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because this request is consistent with the land use recommendation of the Scioto Southland Plan, and limits vehicular access to Parsons Avenue; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed uses; 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 3439 PARSONS AVE. (43207) 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 3355.03, C-3 permitted uses; 3356.11(B), C-4 District setback lines; 3312.25, Maneuvering; and 3389.12, Portable building, of the Columbus City Codes; is hereby granted for the property located at 3439 PARSONS AVE. (43207), insofar as said sections prohibit automotive maintenance and sales, tire sales, and the permanent keeping of a food truck in the C-3, Commercial District; with a reduced building setback line for the food truck from 25 feet to eleven feet along Parsons Avenue; maneuvering across parcel lines and into the right-of-way; and no Special Permit for the food truck which is considered to be a portable building; said property being more particularly described as follows:
3439 PARSONS AVE. (43207), being 0.34± acres located on the southwest corner of Colton Road and Parsons Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being the north one-half (1/2) of Lot Number 93 of “Home Acres” Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 16, Page 23, Recorder’s Office, Franklin County, Ohio.
Parcel No.: 010-008000
Address: 3439 Parsons Avenue, Columbus, OH 43207
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for automotive maintenance and sales, tire sales, with or without a permanently kept food truck, or those uses permitted in the C-3, 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 April 24, 2025, and signed by Jeanne Cabral, Agent for the Applicant. 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 plan 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 uses.
SECTION 5. That this ordinance is further conditioned on the following: Use of the existing access point to Parsons Avenue shall be limited to vehicles entering or exiting the existing garage door facing Parsons Avenue.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.