Explanation
Council Variance Application: CV16-037
APPLICANT: Red Herring Productions; 566 West Rich Street; Columbus, OH 43215.
PROPOSED USE: Mixed commercial/industrial development.
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
EAST FRANKLINTON REVIEW BOARD RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a former industrial building and is located within the Dodge Park Sub-District of the EF, East Franklinton District. Ordinance No. 3046-2015, passed December 14, 2015 (Council Variance # CV15-056), permitted the property to be used for warehousing, art gallery, and artisan manufacturing uses. The applicant proposes to also use the building for theatrical performances, and fitness, dance and acting classes, which are uses that are not permitted in the Dodge Park Sub-District. The East Franklinton District is an urban, mixed-use zoning classification that was established in 2013 as a new zoning tool to implement the land use recommendations of the East Franklinton Creative Community District (EFCCD) Plan (2012). The EFCCD Plan recognizes that each district within East Franklinton should incorporate a diverse mix of land uses, and recommends the maintenance of existing quality commercial and industrial structures on West Rich Street in the Dodge Park Sub-District, promoting the conversion of such structures into mixed-use buildings as opportunities arise. The proposed mixed use of theater, multi-purpose studio, warehousing, artisan manufacturing, and art gallery within an existing industrial building is consistent with the recommendations of the EFCCD Plan. The East Franklinton Review Board supports the request and a Certificate of Approval will be required for the building as part of the site compliance review process.
Title
To grant a variance from the provisions of Section 3323.19, Uses, of the Columbus City codes; for the property located at 566 WEST RICH STREET (43215), to permit warehousing, art gallery, artisan manufacturing, theatrical performances, and fitness, dance, and acting classes in the EF, East Franklinton District, and to repeal Ordinance No. 3046-2015, passed December 14, 2015 (Council Variance # CV16-037).
Body
WHEREAS, by application No. CV16-037, the owner of property at 566 WEST RICH STREET (43215), is requesting a Council variance to permit warehousing, art gallery, artisan manufacturing, theatrical performances, and fitness, dance, and acting classes in the EF, East Franklinton District; and
WHEREAS, Ordinance No. 3046-2015, passed December 14, 2015 (Council Variance # CV15-056), permitted warehousing, art gallery, and artisan manufacturing in the EF, East Franklinton District; and
WHEREAS, additional uses for theatrical performances, and fitness, dance and acting classes are requested; and
WHEREAS, Section 3323.19, Uses, lists warehousing, art gallery, performance theaters, fitness classes (yoga, pilates), and dance and acting classes as “not permitted” and artisan manufacturing only as an accessory use in the EF, East Franklinton Dodge Park Sub-District; and
WHEREAS, the Franklinton Area Commission recommends approval; and
WHEREAS, the East Franklinton Review Board recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variance because the proposed mixed use of theater, multi-purpose studio, warehousing, artisan manufacturing, and art gallery within an existing industrial building is consistent with the recommendations of the East Franklinton Creative Community District Plan. The East Franklinton Review Board supports the request and a Certificate of Approval will be required for the building as part of the site compliance review process; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 566 WEST RICH STREET (43215), 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 Section 3323.19, Uses, of the Columbus City codes; is hereby granted for the property located at 566 WEST RICH STREET (43215), insofar as said section prohibits warehousing, art galleries, artisan manufacturing, theatrical performances, and fitness, dance, and acting classes in the Dodge Park Sub-Area of the EF, East Franklinton District; said property being more particularly described as follows:
566 WEST RICH STREET (43215), being 0.17± acres located at the northwest corner of West Rich Street and South Gift Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus, and being more particularly described as follows:
Being Lot Number Thirty-One (31) of SULLIVANT’S SECOND ADDITION to said City, except a strip 35.22 feet off of the south side thereof, as said lot is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, page 74, 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 warehousing, art gallery, artisan manufacturing, theatrical performances, fitness (yoga/pilates) classes, and dance and acting classes as permitted by this ordinance, or those uses in the EF, East Franklinton 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.
SECTION 5. That Ordinance No. 3046-2015, passed December 14, 2015, be and is hereby repealed.