Explanation
Council Variance Application: CV23-139
APPLICANT: Michael Uloko; c/o Patrick Walker, Agent; 401 North Front Street, Suite 380; Columbus, OH 43215
PROPOSED USE: Natural gas regulation station.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel zoned in the R-3, Residential District and developed with a single-unit dwelling, a two-unit dwelling, and existing gas regulatory equipment. The requested Council variance will allow construction of a new natural gas regulation station. A Council variance is required because the R-3 district does not allow institutional uses. The request includes variances to vision clearance, building lines, side yard obstruction, and rooftop telecommunications installation requirements. The site is located with the planning boundaries of the Clintonville Neighborhood Plan (2009), which recommends “Commercial (Neighborhood)” and “Single Family” land uses at this location. Although the proposal is inconsistent with part of the Plan’s recommendation, staff recognize the institutional nature of the use and therefore support the proposal. Additionally, the submitted site plan demonstrates adequate screening and landscaping from neighboring residential uses, consistent with the Plan’s design guidelines.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, residential district; 3321.05(B)(1), Vision clearance; 3332.21, Building lines; 3332.28, Side yard or rear yard obstruction; and 3332.41, Rooftop telecommunication installation, of the Columbus City Codes; for the property located at 476-482 E. WEBER RD. (43202), to allow a natural gas regulation station with reduced development standards in the R-3, Residential District (Council Variance #CV23-139).
Body
WHEREAS, by application #CV23-139, the owner of property at 476-482 E. WEBER RD. (43202), requests a Council variance to allow a natural gas regulation station with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, residential district, prohibits institutional uses, while the applicant proposes to construct a natural gas regulation station in the R-3 district; and
WHEREAS, Section 3321.05(B)(1), Vision clearance, requires clear vision triangles at the intersection of streets and driveways, while the applicant proposes to install a fence within the vision clearance triangle at the southwest corner of East Weber Road and the alley, as shown on the submitted site plan; and
WHEREAS, Section 3332.21, Building lines, requires a minimum building setback line of 15 feet from East Weber Road, while the applicant proposes a reduced building setback line of zero feet for the proposed fencing, and 10 feet for the proposed buildings; and
WHEREAS, Section 3332.28, Side or rear yard obstruction, requires the area in the side or rear yard to be open from the finished grade to the sky, while the applicant proposes an eight-foot tall fence to encroach into the western and eastern side yards, as shown on the submitted site plan; and
WHEREAS, Section 3332.41, Rooftop telecommunication installation, requires a rooftop telecommunication installation that receives or transmits wireless telecommunications be erected on any existing legal structure that is 60 feet or more in height, while the applicant proposes a wireless telecommunication installation on two structures that are each 22 feet in height; and
WHEREAS, the City Departments recommend approval because the institutional nature of the proposal will not introduce an incompatible use to the area and the provided screening and landscaping is consistent with the Clintonville Neighborhood Plan’s design guidelines; and
WHEREAS, this 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 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 476-482 E. WEBER RD. (43202), 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 3332.035, R-3, residential district; 3321.05(B)(1), Vision clearance; 3332.21, Building lines; 3332.28, Side yard or rear yard obstruction; and 3332.41, Rooftop telecommunication installation, of the Columbus City Codes, is hereby granted for the property located at 476-482 E. WEBER RD. (43202), insofar as said sections prohibit a natural gas regulation station in the R-3, Residential District; with fencing within the vision clearance triangle at East Weber Road and the alley; a reduced building line from 15 feet to zero feet for fencing and 10 feet for buildings along East Weber Road; an obstruction of the required western and eastern side yards with an eight-foot tall fence; and a rooftop telecommunications installation on two buildings each with a height of 22 feet where 60 feet is required; said property being more particularly described as follows:
476-482 E. WEBER RD. (43202), being 0.33± acres located on the north side of West Weber Road, 140± feet east of Indianola Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Lot 1, Quarter Township 1, Township 1, Range 18, United States Military Lands, being Lot numbers one hundred three (103), one hundred four (104) and one hundred five (105) of Indianola Highlands Addition to the City of Columbus, Ohio, as recorded in plat book 9, page 32, as conveyed to Muna Abdallah in Instrument No. 202308070079171, to Rudolph F. Cloon by deed as recorded in Instrument No. 199910040248727, and to Columbia Gas of Ohio, Inc., as Parcel No. 3 (CGO No. 125-37) in Deed Volume 2542, Page 578, respectively, all of record in the Franklin County Recorder’s Office, and being more particularly described as follows:
Commencing in a Set Iron Pin in the Southwest corner of Lot One Hundred Five (105) of said Indianola Highlands Addition and the said Columbia Gas, and being the Southwest corner of the herein described parcel, said Iron Pin being the intersection of the Easterly right-of-way of a 16’ un-named alley, dedicated in said Plat Book 9, Page 32, and the Northerly right-of-way line of Weber Rd. (60’ wide, Plat Book 9, Page 32), and being THE TRUE POINT OF BEGINNING of the herein described parcel, THENCE;
1. Leaving said Northerly right-of-way line and in said Easterly right-of-way line, North 3° 59’ 58” East, 117.00 feet to a Set Mag Spike in the Southerly right-of-way line of a 16’ un-named alley, dedicated in said Plat Book 9, Page 32, and being the Northwesterly corner of said Columbia Gas and the Northwesterly corner of the herein described parcel, THENCE;
2. Leaving said Easterly line of said Columbia Gas, and in said Southerly right-of-way line, South 86° 14’ 02” East, 120.00 feet to a 1” Iron Pipe found in the Northeasterly corner of Lot One Hundred Three (103) of said Indianola Highlands Addition, and said Muna Abdallah, also being the Northeasterly corner of the parcel herein described, THENCE;
3. Leaving said Southerly right-of-way line, and in Abdallah’s Easterly line, South 3° 59’ 58” West, 117.00 feet to a Set Iron Pin in the aforementioned Northerly right-of-way line of Weber Rd., being the Southeasterly corner of Abdallah and the Southeasterly corner of the parcel herein described, THENCE;
4. Leaving said Westerly line, and in said Northerly right-of-way line, North 86° 14’ 02” West, 120.00 feet to THE TRUE POINT OF BEGINNING, containing 14,039.88 Sq. Ft. or 0.322 Acres.
Subject to all legal highways, 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 natural gas regulation station in accordance with the submitted site plan, or those uses allowed in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled “COUNCIL VARIANCE PLAN,” dated July 11, 2024, and signed by Patrick Walker, 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 of 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 on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.