Explanation
Council Variance Application: CV10-002
APPLICANT: Larry M. Schmitt; c/o Brent D. Rosenthal, Atty.; Carlile, Patchen & Murphy LLP; 366 East Broad Street; Columbus, OH 43215.
PROPOSED USE: To allow a contractor's storage yard in the R, Rural District.
NORTHEAST AREA COMMISSION RECOMMENDATION: Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The applicant requests a Council variance to permit a contractor’s storage yard for a tree service business in the R, Rural District. The applicant established the use without obtaining zoning clearance and was cited by code enforcement in December, 2009. A contractor’s storage yard is permitted only in the M, M-1, and M-2, Manufacturing Districts which also prohibits open storage of materials within 100-feet of any residential district. Even if the site was zoned properly, open storage of materials would be limited because contiguous properties to the north, south, and west of the site are zoned residential and are developed with single-unit dwellings in Franklin County. The site lies within the boundaries of the Northeast Area Plan (2007) which recommends low-density residential as the most appropriate land use on this site. Staff does not recognize that a hardship exists or that deviation from the land use recommendation of the Northeast Plan is warranted noting that the proposed use is inappropriate at this location and incompatible with surrounding residential uses, due to noise and fumes from trucks and cars as well as dust raised by these vehicles. The applicant also requests a variance to allow parking of vehicles and equipment on an unimproved surface and without striped or marked spaces and maneuvering. Staff believes that there is no hardship or practical difficulty to support the requested variances to allow parking of vehicles and equipment on an unimproved surface and furthermore has concerns about dust impacting the surrounding residences if such a surface were to be permitt...
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