Explanation
Council Variance Application: CV14-014
APPLICANT: Solly Yassenoff; 865 King Avenue; Columbus, OH 43212.
PROPOSED USE: Limited commercial uses.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with two multi-tenant office/industrial structures totaling 38,400± square feet and is zoned in the M-2, Manufacturing District. The requested Council Variance will allow the continued use of three tenants for on-site estate sales, a pet day care, and a veterinarian, and proposes additional limited commercial uses. The site is located within the planning area of the Trabue/Roberts Area Plan (2011), which recommends "Employment Center" uses for this location, a designation which supports retail and service uses as secondary uses. The proposal contains appropriate use and square-footage limitations that ensure compatibility with surrounding industrial and residential uses, and is similar to uses that have been previously varied in other M-2 Districts. A parking variance is included with this request to maintain 126 on-site parking spaces if a change in use triggers the need for additional parking, and it is supported by the Department of Public Service.
Title
To grant a Variance from the provisions of Sections 3367.01, M-2, Manufacturing uses; and 3312.49, Minimum numbers of parking spaces required, of the Columbus City Codes, for the property located at 1559 WESTBELT DRIVE (43228), to permit limited commercial uses not to exceed 13,000 square feet with a reduction in required parking in the M-2, Manufacturing District (Council Variance # CV14-014).
Body
WHEREAS, by application No. CV14-014, the owner of property at 1559 WESTBELT DRIVE (43228), is requesting a Council Variance to permit limited commercial uses not to exceed 13,000 square feet with a reduction in required parking in the M-2, Manufacturing District; and
WHEREAS, Section 3367.01, M-2, Manufacturing District, only permits less objectionable industrial and office uses, while the applicant proposes a maximum combined 13,000 square feet to maintain existing estate sales, pet daycare, and veterinarian uses, and requests the following additional uses for future tenant possibilities: child day care, place of worship, gymnastic/dance/martial arts/yoga studios, fitness centers, art/photography studios, reupholster/furniture repair, electronics/computer repair, and automotive maintenance/repair; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires one (1) parking space for every 30 square feet of sanctuary or auditorium space for churches, one (1) parking space for every 250 square feet of accessory church or retail uses, one (1) parking space per 450 square feet of general office space, one (1) parking space per 500 square feet of day care space, and one (1) parking space per 1,500 square feet of industrial space, while the applicant proposes to maintain 126 parking spaces; and
WHEREAS, City Departments recommend approval because the requested commercial uses are supported as secondary uses by the Trabue/Roberts Area Plan "Employment Center" land use recommendations for this location. Additionally, the proposal contains appropriate use and square-footage limitations that ensure compatibility with surrounding industrial and residential uses, and is similar to uses that have been previously varied in other M-2 Districts; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 owner of the property located at 1559 WESTBELT DRIVE (43228), 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 3367.01, M-2, Manufacturing uses; and 3312.49, Minimum numbers of parking spaces required, of the Columbus City Codes, is hereby granted for the property located at 1559 WESTBELT DRIVE (43228), insofar as said sections prohibit a maximum combined 13,000 square feet of the following commercial uses: estate sales, pet daycare, veterinarian, child day care, place of worship, gymnastic/dance/martial arts/yoga studios, fitness centers, art/photography studios, reupholster/furniture repair, electronics/computer repair, and automotive maintenance/repair, with a minimum of 126 parking spaces; said property being more particularly described as follows:
1559 WESTBELT DRIVE (43228), being 3.92± acres located at the northwest corner of Westbelt Drive and Trabue Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military District, Survey Numbers 2988 and 3316, being 3.921 acres out of the 4.082 acre tract conveyed to SFERS Real Estate Corp. K-Land by deed of record in Official Record 26693, Page D-14, records of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows;
Beginning for Reference at the point of centerline intersection of Westbelt Drive (being 60.00 feet in width) and Equity Drive (being 50.00 feet width) as delineated upon the plat of "WESTBELT BUSINESS PARK, SECTION NO. 6", of record in Plat Book 57, Page 27;
Thence South 09° 55' 01" West, a distance of 160.00 feet, along said centerline of Westbelt Drive to a point of curvature;
Thence along the arc of a curve to the left having a central angle of 69° 36' 05", a radius of 450.00 feet, an arc length of 546.65 feet, a chord bearing of South 24° 53' 02" East, with a chord distance of 513.65 feet to a point of tangency;
Thence South 59° 41' 04" East, a distance of 91.67 feet, to a point;
Thence South 30° 18' 56" West, a distance of 30.00 feet, leaving the said centerline to an iron pin set in the southerly right-of-way line of said Westbelt drive, said point being the Point of True Beginning for the herein described tract;
Thence the following three (3) courses along said southerly right-of-way line of Westbelt Drive:
1. South 59° 41' 04" East, a distance of 93.57 feet, to an iron pin set at a point of curvature;
2. along an arc of a curve to the right having a central angle of 48° 15' 14", a radius of 370.00 feet, an arc length of 311.61 feet, a chord bearing of South 35° 33' 27" East, with a chord distance of 302.48 feet to an iron pin set;
3. South 02° 39' 03" East, a distance of 235.70 feet, to an iron pin set in the northerly right-of-way line of Trabue Road;
Thence South 78° 56' 36" West, a distance of 444.47 feet, along the said northerly right-of-way line of Trabue Road to an iron pin set at the southwest corner of said 4.082 acre tract being a common corner with a 0.530 acre tract conveyed to SFERS Real Estate Corp. T ax Parcel 4 (parcel 2) by deed of record in Instrument Number 199810050253365;
Thence North 12° 32' 32" East, a distance of 411.50 feet, along the line common to said 4.082 acre tract and said 0.530 acre tract, to a iron pin set;
Thence the following two (2) courses and distances on, over and across the said 4.082 acre tract:
1. South 78° 19' 49" East, a distance of 30.05 feet, to an iron pin set;
2. North 12° 51' 29" East, a distance of 224.01 feet, to the Point of True Beginning, containing 3.921 acres, more or less, and being subject to all easements, restrictions and rights-of-way of record.
Being Parcel No. 560-266122
Addressed As: 1561-1575 Westbelt Drive and 4696-4712 Trabue Road, Columbus, Ohio 43228
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a maximum combined 13,000 square feet of the following commercial uses: estate sales, pet daycare, veterinarian, child day care, place of worship, gymnastic/dance/martial arts/yoga studios, fitness centers, art/photography studios, reupholster/furniture repair, electronics/computer repair, and automotive maintenance/repair.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
SECTION 4. That this ordinance is further conditioned on application submittal within six months of the date of passage of the ordinance for all applicable permits and Certificates of Occupancy to establish non-permitted uses for the existing estate sale tenant spaces (4700 Trabue Road and 1571-1575 Westbelt Drive) and the veterinarian tenant space (4708 Trabue Road).
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.