Explanation
Council Variance Application: CV08-025
APPLICANT: Med-Apt Inc; c/o Michael Shannon, Attorney; 500 South Front Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: First floor exercise facility.
GERMAN VILLAGE RECOMMENDATION: Approval
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant seeks a variance to allow an exercise facility on the first floor of an existing building in the R-2F, Residential District. The building will have two second story dwelling units; which are permitted in the R-2F, Residential District. The applicant also requests a variance to provide only four (4) parking spaces while sixteen (16) are required for the combination of the exercise facility and the dwellings. In addition, the Applicant also requests a variance to allow patrons and residents to back out of the parking lot while the Code requires vehicles to enter and exit the parking lot in a forward motion. The applicants have drafted a good neighbor agreement to address neighbor concerns but that agreement has not been executed as of the time this ordinance was prepared. The Transportation Division supports the parking and maneuvering variances.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District, 3342.28, Minimum number of parking spaces required; and 3342.28(a), Driveway; of the Columbus City Codes for the property located at 866 SOUTH THIRD STREET (43206), to permit an exercise facility with reduced development standards in the R-2F, Residential. (Council Variance #CV08-025).
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WHEREAS, by application #CV08-025, the owner of property at 866 SOUTH THIRD STREET (43206), is requesting a Variance to permit an exercise facility 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 an exercise facility on the first floor of the existing building on the property; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires 1 (one) parking space per two hundred fifty (250) square feet of floor area plus two spaces per dwelling unit for a total of sixteen (16) parking spaces, while the applicant proposes four (4) parking spaces; and
WHEREAS, Section 3342.08a, Driveway, requires that driveways serving a parking lot shall be designed so that vehicles entering or exiting the parking lot will be traveling in a forward motion; while the applicant proposes to allow vehicles to travel in a backward motion leaving the parking lot; and
WHEREAS, the German Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because the applicant seeks a variance to allow an exercise facility on the first floor of an existing building in the R-2F, Residential District. The building will have two second story dwelling units; which are permitted in the R-2F, Residential District. The applicant also requests a variance to provide only four (4) parking spaces while sixteen (16) are required for the combination of the exercise facility and the dwellings. In addition, the Applicant also requests a variance to allow patrons and residents to back out of the parking lot while the Code requires vehicles to enter and exit the parking lot in a forward motion. The applicants have drafted a good neighbor agreement to address neighbor concerns but that agreement has not been executed as of the time this ordinance was prepared. The Transportation Division supports the parking and maneuvering variances; 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 866 SOUTH THIRD STREET (43206), 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, 3342.28, Minimum number of parking spaces required and ; of the Columbus City Codes for the property located at 866 SOUTH THIRD STREET (43206), insofar as said sections prohibit an exercise facility with four ( 4) parking spaces where sixteen (16) parking spaces would be required for the proposed exercise facility and 2 dwelling units and in which vehicles may not enter and exit the parking lot in a forward motion, said property being more particularly described as follows:
866 SOUTH THIRD STREET (43206), being 0.13± acres located on the east side of South Third Street, 63± feet south of Lansing Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and is bounded and described as follows:
Being the North one-half of Lt Number Ninety-Three (93), of C.F. Jaeger's Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, page 345, Recorder's Office, Franklin County, Ohio.
Property Address: 866 S. Third, Columbus, Ohio
Parcel Number: 010-011160
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an exercise facility on the first floor with up to two dwelling units on the second floor, 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 "APARTMENT'S 866 THIRD STREET COLUMBUS, OH 43206 " dated January 5, 2009, 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.