Explanation
Council Variance Application: CV03-007
APPLICANT: Park Storage Inc.; c/o John P. Kennedy and Michael T. Shannon, Attys.; 500 South Front Street, Suite 1200; Columbus, Ohio 43215.
PROPOSED USE: Office/warehouse, commercial and storage uses.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will conform a legal non-conforming development that was developed in Franklin County's zoning jurisdiction prior to annexation in the City of Columbus. The applicants have received a recommendation of approval for a concurrent rezoning (Z03-014), a rezoning from R, Rural District to the L-M, Limited Manufacturing District. The site lies within Subarea C.4 of The Far North Plan (1994), which proposes limiting development to neighborhood-scale uses that service the immediate area, such as a bakery, dry cleaner, pizza restaurant or delicatessen, beauty shop and day care facility. The limitation text for Z03-014 excludes all the more objectionable manufacturing uses and prohibits outdoor storage. Deviation from The Far North Plan (1994) is justified because the proposed uses include neighborhood scale commercial uses as called for in the Plan. Additionally, the presence of RI, Restricted Industrial Zoning on the property to the south in Franklin County make this proposal consistent with the established development and zoning pattern of the area.
Title
To grant a Variance from the provisions of Sections 3342.11, Landscaping; 3342.15, Maneuvering; 3342.17, Parking lot screening, 3342.18, Parking setback line; 3342.28, Minimum number of parking spaces required; and 3363.24, Building lines in an M-manufacturing district; for the property located at 7909 STATION STREET (43235), to permit a commercial/office/warehouse and storage units with reduced development standards in the L-M, Limited Manufacturing District. (Council Variance # CV03-007)
Body
WHEREAS, by application #CV03-007 the owner of property at 7909 STATION STREET (43235), is requesting a Council Variance in conjunction with a rezoning request (Z03-014) to reduce landscaping, parking standards and building lines for an office/commercial/storage development permitted under the zoning jurisdiction of Franklin County and currently under construction, annexed into the City of Columbus on July , 2002 to address the current structure and the pre-existing legal, non-conforming development standards; and
WHEREAS, Section 3342.11, Landscaping, requires that the lot area between the right-of-way and the parking setback line shall be landscaped, while the applicant proposes not to provide landscaping; and
WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area which may include an aisle, circulation area or improved alley, while the applicant proposes to allow maneuvering within the existing parking setback for all forty-one (41) parking spaces; and
WHEREAS, Section 3342.17, Parking lot screening, requires screening of commercial parking lots within eighty (80) feet of residentially zoned property, while the applicant proposes to provide no screening,
WHEREAS, Section 3342.18, Parking setback line, requires that parking be set back ten (10) feet from Station Street; while the applicant proposes to maintain the existing zero (0) foot setback along Station Street; and
WHEREAS, Section 3342.28(A) and (B), Minimum number of parking spaces required, requires at total of sixty (60) parking spaces, while the applicant proposes to provide a total of forty-one (41) parking spaces; and
WHEREAS, Section 3363.24, Building lines in an M-manufacturing district, requires a building setback of not less than twenty (25) feet, while the applicant proposed to maintain the existing twenty (20) foot building line along Oak Street and the existing seventeen (17) foot building line along Station Street; and
WHEREAS, City Departments recommend approval and note a hardship exists because a variance is required to make the site conforming; 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 7909 STATION STREET (43235), 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 3342.11, Landscaping; 3342.15, Maneuvering; 3342.18, Parking setback line; 3342.28, Minimum number of parking spaces required; and 3363.24, Building lines in an M-manufacturing district; for the property located at 7909 STATION STREET (43235), insofar as said sections prohibit parking setbacks without landscaping and parking not screened from residential property, maneuvering for parking within the parking setback, reduced parking setbacks from ten (10) feet to zero (0) feet along Station Street, nineteen (19) fewer parking spaces than the Code required sixty (60), the building setbacks decreased from the minimum of twenty-five (25) feet allowed to twenty (20) feet along Oak Street and seventeen (17) feet along Station Street, said property being more particularly described as follows:
7909 STATION STREET (43235), being 1.25± acres located at the northwest corner of Station and Oak Streets, and being more particularly described as follows:
DESCRIPTION OF 1.252 ACRES FOR ZONING PURPOSES
LOCATED NORTH OF OAK STREET,
AND WEST OF STATION STREET
Situate in the State of Ohio, County of Franklin, Township of Sharon, and lying in Township 2, Range 18 of the United States Military Lands, being all of Lots 6, 7, 8, 9, 10 and part of Lot 5 of "VILLAGE OF FLINT", a subdivision of record in Plat Book 1 Page 401, same being all of that 1.252 acres conveyed to Park Storage, Inc. by deed of record in Instrument Number 200109190216062, and by Affidavit of name change in Instrument Number 200211150292060, all records herein of the Recorder's Office, Franklin County, Ohio, said 1.252 acres being more particularly described as follows;
BEGINNING, at the southeasterly corner of said Lot 10, also being the common corner of the northerly right-of-way of Oak Street and the westerly right-of-way of Station Street;
Thence North 86º 46' 45" West, a distance of 200.00 feet, along the line common to the southerly line of said Lot 10 and the northerly right-of-way of said Oak Street, to a point at the southwesterly corner of said Lot 10;
Thence North 02º 51' 10" West, a distance of 274.56 feet, along the westerly line of said Lots 10, 9, 8, 7, 6, and 5, to a point;
Thence South 86º 38' 40" East, a distance of 200.05 feet, over and across said Lot 5, to a point in the westerly right-of-way of said Station Street;
Thence South 02° 51' 10" East, a distance of 274.09 feet, along the westerly right-of-way of said Station Street and the easterly lines of Lots 5,6,7,8,9, and 10, to the POINT OF BEGINNING. Containing 1.252 acres, more or less.
The bearings shown hereon are based on the bearing of North 86° 46' 45" West, for the centerline of Oak Street, as determined by a GPS network of field observations performed in August, 2001.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses permitted in the "LIMITATION TEXT", signed by Laura MacGregor Comek, Attorney for the Applicant, dated July 10, 2003 for the concurrent rezoning Z03-014, ORD 2125-2003.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plans titled "Exhibit A", dated October 1, 2003, and signed by Laura Macgregor Comek, attorney for the applicant.
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.