Explanation
COUNCIL VARIANCE: CV08-037
APPLICANT: William Eylar; c/o Jeanne M. Cabral, Architect; 2939 Bexley Park Road; Columbus, Ohio 43209.
PROPOSED USE: Event facility.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with single-family dwelling and carriage house in the AR-O, Apartment Residential Office District. The applicant requests a Council variance to allow the existing dwelling and rear yard to be used for an event facility for weddings and private parties, and the carriage house to be used for accessory storage. The property was issued a Zoning Code violation in 2006 for establishing the event facility use without obtaining the necessary permits or zoning clearance. A building permit was subsequently applied for in 2007 to change the use to a museum (a permitted use of the AR-O District) but the permit was never issued because it was determined that a Council variance or rezoning would be required to use the property for wedding receptions and other private events. Variances for driveway width, parking lot striping, maneuvering, and a parking reduction for ninety-eight spaces are included in the request, and the applicant has shared parking agreements with adjacent properties to use an additional 100 parking spaces. Although the Near East Area Plan (2005) recommends office and multi-family uses for this location, Staff supports the variance request because it will preserve the existing building, it is not a retail use, and the parking reduction will minimize impact on the surrounding neighborhood by retaining existing building stock. With the conditions and site plan the applicant has committed to, the request is consistent and compatible with the existing zoning and development patterns in the area.
Title
To grant a variance from the provisions of Sections 3333.04, Permitted uses; 3342.08, Driveway; 3342.15, Maneuvering; 3342.23, Striping and marking; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes; for the property located at 1400 EAST BROAD STREET (43205) to permit an event facility and accessory storage with reduced development standards in the AR-O, Apartment Residential Office District (Variance CV08-037).
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WHEREAS, by application No. CV08-037, the owner of property at 1400 EAST BROAD STREET (43205), is requesting a Council variance to permit an event facility and accessory storage with reduced development standards in the AR-O, Apartment Residential Office District; and
WHEREAS, Section 3333.04, Permitted uses in AR-O Apartment Residential Office District, does not permit an event facility and accessory storage, while the applicant proposes to convert an existing dwelling into an event facility and utilize an existing carriage house for accessory storage; and
WHEREAS, Section 3342.08, Driveway, requires that commercial driveways shall have a minimum width of twenty (20) feet, while the applicant proposes to maintain an existing sixteen (16) foot wide driveway that is shared by this property and the property to the east (1414 East Broad Street) as shown on the site plan; and
WHEREAS, Section 3342.15, Maneuvering, requires that every parking and loading space shall have sufficient access and maneuvering area which may occur anywhere on a lot, while the applicant proposes maneuvering to occur on the adjacent property located to the east of the site (1414 East Broad Street) for thirteen parking spaces as shown on the site plan; and
WHEREAS, Section 3342.23, Striping and marking, requires that each parking space shall be clearly marked, while the applicant proposes no striping or marking for brick parking spaces numbered 12-17 as shown on the site plan; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires one (1) parking space for every 30 square feet of assembly space, or ninety-eight (98) parking spaces, one (1) parking space for every 300 square feet of general office space, or eleven (11) parking spaces, and one (1) parking space for every 1000 square feet of storage space, or two (2) parking spaces, a total requirement of one-hundred fifteen (115) parking spaces, while the applicant proposes a total of seventeen (17) parking spaces and has shared parking agreements with Directions for Youth and Tifereth Israel Temple to utilize approximately 100 additional parking spaces; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variance to allow and event facility and accessory storage because with the conditions and site plan the applicant has committed to, the request is consistent and compatible with the existing zoning and development patterns in the area; 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 1400 EAST BROAD STREET (43205), 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 3333.04, Permitted uses; 3342.08, Driveway; 3342.15, Maneuvering; 3342.23, Striping and marking; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes is hereby granted for the property located at 1400 EAST BROAD STREET (43205), in that said sections prohibit an event facility and accessory storage, with a sixteen (16) foot wide shared commercial driveway, no parking lot striping for parking spaces numbered 12-17, and the required one-hundred fifteen (115) parking spaces reduced to seventeen (17) spaces, said property being more particularly described as follows:
Legal Description - 0.644 Acres
Parcel ID: 010-050378
Situated in the State of Ohio, County of Franklin, City of Columbus and being parts of Reserve "A" and Reserve "B", Eastwood Heights Addition as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 109, all references being to those records of the Office of Recorder, Franklin County, Ohio, unless otherwise noted and being more particularly bounded and described as follows:
Commencing at P.K. nail set at the southwesterly corner of Lot 1, southeasterly corner of Reserve "A" of said Eastwood Heights Addition and on the northerly line of East Broad Street (100 feet wide);
Thence with the northerly line of East Broad Street, South 78 degrees 00 minutes 00 seconds West, 14.00 feet to an iron pin set at the southwesterly corner of the parcel conveyed to FCH, Inc. by deed of record in Official Record 17720 G-18 and said iron pin being THE POINT OF BEGINNING of the following herein described tract;
Thence continuing with the northerly line of East Broad Street, South 78 degrees 00 minutes 00 seconds West, 107.50 feet to an iron pin set at the southeasterly corner of the parcel conveyed to Zelmar Corporation by deed of record in the Official Record 13608 F-08;
Thence with the easterly line of said ZELMAR Corporation tract and across said Reserves "A" and "B", North 12 degrees 21 minutes 37 seconds West, 267.70 feet to an iron pin set in the southerly line of Elmwood Alley (20 feet wide);
Thence with the said southerly line, North 87 degrees 59 minutes 10 seconds East, 119.90 feet to an iron pin found at the northwesterly corner of said FCH, Inc. Tract;
Thence with the westerly lines of said FCH, Inc. tract, the following three (3) courses:
(1) South 12 degrees 43 minutes 10 seconds East, 106.92 feet to a railroad spike set;
(2) South 37 degrees 54 minutes 00 seconds West, 15.53 feet to an iron pin found;
(3) South 12 degrees 43 minutes 10 seconds East, 130.00 feet to the place of beginning, and containing 0.664 acres.
Iron pins set are 30" a 1" O.D. with orange plastic caps inscribed "P.S. 6579". Basis of bearings fot the foregoing description is the northerly line of East Broad Street scaled from Franklin County Engineer's county map as North 78 degrees 00 minutes 00 seconds East.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long said property is used for an event facility and accessory storage, or those uses permitted in the AR-O, Apartment Residential Office District.
SECTION 3. That this ordinance is further conditioned on any food preparation occurring on-site is limited for consuption at on-site events.
SECTION 4. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, "SITE PLAN," drawn and signed by Jeanne M. Cabral, architect for the Applicant, and dated March 19, 2009. The Site 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 Site Plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.