Explanation
Council Variance Application # CV11-001
APPLICANT: Anthony Thomas Candy Co.; c/o David Hodge and Jeffrey L. Brown, Attys.; Smith and Hale LLC; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Medical health center.
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Development Commission for a concurrent rezoning (Z10-029) to the L-M, Limited Manufacturing District for conversion of part of an existing building into a medical health center. The applicant is requesting variances to the Urban Commercial Overlay and parking lot screening requirements to conform existing building and site conditions. The proposed variances are supported because the building was constructed for an industrial use prior to the existence of the Urban Commercial Overlay, and a non-retail use of the building is planned.
Title
To grant a variance from the provisions of Sections 3312.21, Landscaping and screening; 3372.604, Setback requirements; 3372.605, Building design standards; and 3372.607, Landscaping and screening, of the City codes; for the property located at 1160 WEST BROAD STREET (43222), to permit variances to the Urban Commercial Overlay and parking lot screening requirements that will conform existing building and site conditions in the L-M, Limited Manufacturing District (Council Variance # CV11-001).
Body
WHEREAS, by application No. CV11-001, the owner of property at 1160 WEST BROAD STREET (43222) is requesting a Council Variance to permit variances to the Urban Commercial Overlay and parking lot screening requirements that will conform existing building and site conditions in the L-M, Limited Manufacturing District; and
WHEREAS, Section 3312.21, Landscaping and screening, requires perimeter and interior landscaping in commercial parking lots, while the applicant proposes to maintain no landscaping and screening for the existing parking lot; and
WHEREAS, Section 3372.604, Setback requirements, requires a parking setback of no less than five (5) feet, while the applicant proposes to maintain a zero (0) foot setback along North Yale Avenue; and
WHEREAS, Section 3372.605, Building design standards, requires commercially-zoned properties in the Urban Commercial Overlay to follow certain design standards, while the applicant seeks to conform the existing building, as it was built in 1984 as an industrial structure before the UCO was adopted; and
WHEREAS, Section 3372.607, Landscaping and screening, requires perimeter landscaping and screening and interior landscaping for commercial parking lots in the Urban Commercial Overlay, while the applicant proposes to maintain no landscaping and screening for the existing parking lot; and
WHEREAS, the City Departments recommend approval of the requested variances because the building was constructed for an industrial use prior to the existence of the Urban Commercial Overlay, and a non-retail use of the building is planned; 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 1160 WEST BROAD STREET (43222), 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 3312.21, Landscaping and screening; 3372.604, Setback requirements; 3372.605, Building design standards; and 3372.607, Landscaping and screening, of the City codes, is hereby granted for the property located at 1160 WEST BROAD STREET (43222), in so far as said sections prohibit a parking lot with no landscaping or screening, a reduced parking setback of zero (0) feet along North Yale Avenue, and elimination from the requirement of building design standards in the Urban Commercial Overlay for the existing building and parking lot in the L-M, Limited Manufacturing District, said property being more particularly described as follows:
1160 WEST BROAD STREET (43222), being 0.93± acres located at the northeast corner of West Broad Street and North Yale Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being Lots 1 thru 13 of that subdivision entitled "Franklin Subdivision No. 2", of record in Plat Book 4, Page 357, and that alley vacated by Ordinance Number 999-82, as conveyed to Anthony Thomas Candy Company by deeds of record in Official Record 3328A01, Official Record 1880J16, Official Record 1854E01, Official Record 1770G20, and Official Record 11706C04 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
BEGINNING at a northwesterly corner of said Lot 13, a southwesterly corner of Lot 14 of said "Franklin Subdivision No. 2", as conveyed to Jo Ellen Allen by deed of record in Official Record 17977A07, being the easterly right-of-way line of Yale Avenue (50');
thence North 90° 00' 00" East, with the northerly line of said Lot 13, a distance of 106.50 feet to a point at the southeasterly corner of said Lot 14, being in the westerly line of a 14' Alley;
thence South 00° 02' 30" West, with the westerly right-of-way line of said 14' Alley, a distance of 379.00 feet to a point at the southeasterly corner of said Lot 1, being the northerly right-of-way line of Broad Street (80');
thence South 90° 00' 00" West, with the northerly right-of-way line of said Broad Street, a distance of 106.50 feet to a point at the southwesterly corner of Lot 3, being the easterly right-of-way line of said Yale Avenue;
thence North 00° 02' 30" East, with the easterly right-of-way line of said Yale Avenue, a distance of 379.00 feet to the POINT OF BEGINNING, and containing 0.93 acre of land, more or less.
This description is to be used for zoning purposes only.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a medical health center, or those uses permitted in the L-M, Limited Manufacturing District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.