Explanation
Council Variance Application: CV06-049
APPLICANT: 541 Third, LLC; c/o Michael T. Shannon, Atty.; Crabbe, Brown & James, LLP; 500 South Front Street, Suite 1200; Columbus, OH 43206.
PROPOSED USE: Restaurant.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The applicant seeks a variance to allow a restaurant in the R-2F, Residential District. The building previously housed a bakery and restaurant. The applicant also requests a variance to provide only seven four (7 4) parking spaces while seventy-nine (79) are required. The City Department's recommendation is for disapproval because the Transportation Division has determined that the parking space reduction cannot be supported. No recommendation is being made regarding the hardship aspect of this request.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District, and 3342.28, Minimum number of parking spaces required of the Columbus City Codes for the property located at 541 SOUTH THIRD STREET (43215), to permit a restaurant with reduced parking in the R-2F, Desidential District and to declare an emergency. (Council Variance #CV06-049).
Body
WHEREAS, by application #CV06-049, the owner of property at 541 SOUTH THIRD STREET (43215), is requesting a Variance to permit a restaurant with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential district, does not permit commercial uses, while the applicant proposes a restaurant in an existing building on the property; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to pending contractual obligations for the property for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires 1 (one) parking space per seventy-five (75) square feet or seventy-nine (79) parking spaces, while the applicant is proposing to provide seven four (7 4) parking spaces; and
WHEREAS, City Departments recommend disapproval because the applicant seeks a variance to allow a restaurant in the R-2F, Residential District. The building previously housed a bakery and restaurant. The applicant also requests a variance to provide only seven four (7 4) parking spaces while seventy-nine (79) are required. The City Department's recommendation is for disapproval because the Transportation Division has determined that the parking space reduction cannot be supported; 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 541 SOUTH THIRD STREET (43215), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.037, R-2F, Residential district, and 3342.28, Minimum number of parking spaces required; of the Columbus City Codes for the property located at 541 SOUTH THIRD STREET (43215), insofar as said sections prohibit a restaurant with seven four (7 4) parking spaces where seventy-nine (79) parking spaces would be required said property being more particularly described as follows:
541 SOUTH THIRD STREET (43215), being 0.15± acres located at the southwest corner of South Third and Hoster Streets, and being more particularly described as follows:
Legal Description
541 South Third Street, Columbus, Ohio
Tract 1-
Situated in the State of Ohio, County of Franklin, and City of Columbus, and bounded and described as follows:
Being the Northeast Quarter of Inlot Number Seven Hundred and Nine (709) of McGown's Subdivision, of record in Deed Book "G", page 70, Recorder's Office, Franklin County, Ohio.
Tract 2-
Situated in the State of Ohio, County of Franklin, and City of Columbus, and bounded and described as follows:
Being the Northeast Quarter of Inlot Number Seven Hundred and Nine (709) of McGown's Subdivision to said city, called "South Columbus", as said Inlot is numbered and delineated on the recorded plat thereof, of record in Deed Book "G", page 70, Recorder's Office, Franklin County, Ohio.
Tract 3-
Situated in the State of Ohio, County of Franklin, and City of Columbus, and bounded and described as follows:
Being the East half of the south half of Inlot Number Seven Hundred and Nine (709) of McGown's Addition, also three feet in width off the north side of Lot One (1) of Jacob Kaefer's Subdivision of Inlots 710 and 711 as by plat in Plat Book 2, page 62, Recorder's Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a restaurant, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on a commitment by the owner to maintain the existing building footprints in conformance with the site plan titled "RESTAURANT 541 SOUTH THIRD STREET" dated November 20, 2006, and signed by Michael T. Shannon, attorney for the Applicant. The Subject Site shall be developed in accordance with the site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Development or his 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 use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.