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Home My WebLink AboutOrdinance 08-10RECORD OF ORDINANCES Dayton Legal Blank. Inc. Ordinance No. Passed 20 AN ORDINANCE TO REZONE APPROXIMATELY 0.67 ACRES LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH HIGH STREET AND NORTH STREET WITHIN HISTORIC DUBLIN FROM CB, CENTRAL BUSINESS DISTRICT TO HB, HISTORIC BUSINESS DISTRICT - OSCAR'S (CASE 09 -109Z) NOW, THEREFPRE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, Cg of the elected members concurring: Section 1. That the following described real estate (see attached map marked Exhibit "A ") situated in the City of Dublin, State of Ohio, is hereby rezoned from CB, Central Business District to HB, Historic Business District, and shall be subject to regulations and procedures contained in Ordinance No. 21 -70 (Chapter 153 of the Codified Ordinances) the City of Dublin Zoning Code and amendments thereto. Section 2. That application, Exhibit 'B ", including the list of contiguous and affected property owners, and the recommendations of the Planning and Zoning Commission, Exhibit "C ", are all incorporated into and made an official part of this Ordinance and said real estate shall be developed and used in accordance therewith. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed thi day of 1 2010. WIN ILUMM • ATTEST: Clerk of Council CITY OF DUBLIN,. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 -410 -4400 • Fax: 614 -410 -4490 To: Members of Dublin City Council From: Terry Foegler, City Manager 1 Date: April 8, 2010 X11 Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 08 -10 —Rezoning— 84 and 72 North Street and 20 North Street (Case No. 09 -105Z) Summary Ordinance 08 -10 was postponed at the March 22, 2010 City Council meeting with the request that staff continue to work with the applicant regarding the provision of parking for the site. Planning, Engineering and the Law Director's office have worked with the applicant to provide an appropriately located valet station along North High Street and continue to work with the applicant to ensure arrangements for off -site parking are made. The quit claim deed restrictions developed by the Law Director's office outline the valet parking agreement and provide an opportunity for this matter to be handled on an administrative level, as conditions of approval cannot be added to a standard rezoning. Staff will continue to work with the applicant to ensure the requirements set forth in the deed restrictions are followed and appropriate parking arrangements are made. Recommendation Staff recommends City Council approve Ordinance 08 -10 at the April 12, 2010 Council meeting. CITY OF DUBLIN,. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614- 410 -4400• Fax: 614-410-4490 To: Members of Dublin City Council From: Terry Foegler, City Manager Date: March 18, 2010 d Memo Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 08-10— Rezoning— 84 and 72 North High Street and 20 North Street (Case No. 09- 105Z). Update Ordinance 08 -10 was introduced at the February 8, 2010 meeting where some Council members requested the applicant provide valet parking to address concerns raised regarding the availability and proximity of parking within the Historic District, given the recently approved addition to Oscar's restaurant. Planning, Engineering and the Law Director's office have worked with the applicant to provide an appropriately located valet station along North High Street. The valet service is proposed immediately in front of the Oscar's restaurant, occupying the first two on- street parking spaces on the east side of North High Street, north of the intersection with North Street (see attached photos). Engineering approves of this location. The Law Director's office has finalized a deed restriction confirming this agreement, as conditions cannot be attached to standard rezoning applications. No additional review by the Architectural Review Board will be required. Recommendation Staff recommends City Council approve Ordinance 08 -10 on March 22, 2010. SZD MEMORANDUM TO Dublin City Council Terry D. Foegler, City Manager FROM Stephen J. Smith, Law Director Jennifer D. Readler, Assistant Law Director DATE: March 18, 2010 RE: Ordinance 08 -10 — Rezoning — 84 and 72 North High Street and 20 North Street from CB, Central Business District to HE, Historic Business District INTRODUCTION: This Ordinance was first discussed at the February 8, 2010 Council meeting. During the discussion of the rezoning application, City Council expressed its desire for the applicant to provide valet parking on the Property to help alleviate some of the parking issues related to the restaurant use. Because the rezoning is to a straight zoning category, no conditions may be placed upon its approval. Instead, the Law Department recommended that covenants be used to ensure the provision of valet parking for as long as the Property is used as a full- service restaurant. The Law Department determined that the simplest way to bind the covenants to the Property is to have the current owner of the Property reconvey the Property to itself via quitclaim deeds containing the covenants. The covenants provide, in relevant part, as follows: Grantee shall provide valet parking to the customers, visitors, invitees and licensees of the Property for so long as a full- service restaurant is operated on the Property. Grantee shall provide the valet parking in a manner, at the times and at the locations approved by the City of Dublin, Ohio, an Ohio municipal corporation, its successors and assigns (the "City"). Grantee shall abide by any and all rules or regulations pertaining to the valet parking that are established by the City from time to time. This covenant constitutes a servitude upon the Property for the benefit of the City. This covenant is binding on Grantee, its successors and assigns and any occupants of the Property, and is a covenant running with the land. The City may enforce this covenant by pursuing all available legal and equitable remedies, and the prevailing party in any enforcement action will be entitled to recover its reasonable attorney's fees, costs and expenses upon receipt of a final non - appealable judgment or a final judgment that is not timely appealed. The quitclaim deeds have been signed by the applicant and, once the rezoning is approved, we will record these documents, which will ensure that valet parking continues to be provided for so long as the Property is used as a full- service restaurant. Copies of the quitclaim deeds are attached. CONCLUSION AND RECOMMENDATION: The Law Department recommends that City Council adopt Ordinance 08 -10 authorizing the rezoning to HB, Historic Business District. QUITCLAIM DEED 72 HIGH COMPANY, LTD., an Ohio limited liability company ( "Grantor "), for valuable consideration paid, quitclaims to 72 HIGH COMPANY, LTD., an Ohio limited liability company ( "Grantee "), whose tax mailing address is 20 North Street, Dublin, Ohio 43017, all of its right, title and interest in and to the real property situated in the State of Ohio, County of Franklin, and City of Dublin, and being legally described on Exhibit "A" attached hereto and made a part hereof (the "Property "). Parcel Numbers: 273 - 000028 273 - 004081 Property Addresses: 72 North High Street, Dublin, Franklin County, Ohio 43017 20 North Street, Dublin, Franklin County, Ohio 43017 Prior Instrument References: Instrument Number 200012290262527 Instrument Number bcccl I'� c3 rd ((0 1?J 0`1531 p • f2. Recorder's Office of Franklin County, Ohio Subject to real estate taxes and assessments; zoning ordinances; public rights -of -way; and reservations, restrictions, conditions, and easements of record. Grantee shall provide valet parking to the customers, visitors, invitees and licensees of the Property for so long as a full- service restaurant is operated on the Property. Grantee shall provide the valet parking in a manner, at the times and at the locations approved by the City of Dublin, Ohio, an Ohio municipal corporation, its successors and assigns (the "City "). Grantee shall abide by any and all rules or regulations pertaining to the valet parking that are established by the City from time to time. This covenant constitutes a servitude upon the Property for the benefit of the City. This covenant is binding on Grantee, its successors and assigns and any occupants of the Property, and is a covenant running with the land. The City may enforce this covenant by pursuing all available legal and equitable remedies, and the prevailing party in any enforcement action will be entitled to recover its reasonable attorney's fees, costs and expenses upon receipt of a final non - appealable judgment or a final judgment that is not timely appealed. (H1803359.2 Executed by Grantor this I day of /14 0 / ' 2010. STATE OF OHIO, COUNTY OF FRANKLIN, ss: 72 HIGH COMPANY, LTD., an Ohio limited liability company By: Its: d�'R Print Name: v / ✓, ��d 5�'ur >_uZ BE IT REMEMBERED, that on this day of Ar6 2010, before me, the subscriber, a Notary Public in and for said county, personally appeared k a=. ,A (�� the _ o04 r of 72 HIGH COMPANY, LTD., an Ohio limited liability company, Grantor in the foregoing Quitclaim Deed, who acknowledged the signing thereof to be his voluntary act and deed for and on behalf of such limited liability company. IN TESTIMONY THEREOF, I have here unto subscribed my name and affixed my seal on this day and year aforesaid. taw ' "� MATTHEW 1. PUGH Ohio =� Notary Public -State of "$'" �''+�°a� My Commission Expires January 16, 2013 Notary Public This instrument prepared by Schottenstein, Zox & Dunn Co. LPA 250 West Street Columbus, Ohio 43215 -2538 (HI903359.2 ) Exhibit A Legal Description Parcel No. 273 - 000027 JHI810367 .1 � QUITCLAIM DEED 84 HIGH COMPANY, LTD., an Ohio limited liability company ( "Grantor "), for valuable consideration paid, quitclaims to 84 HIGH COMPANY, LTD., an Ohio limited liability company ( "Grantee "), whose tax mailing address is 20 North Street, Dublin, Ohio 43017, all of its right, title and interest in and to the real property situated in the State of Ohio, County of Franklin, and City of Dublin, and being legally described on Exhibit "A" attached hereto and made a part hereof (the "Property "). Parcel Number: 273 - 000027 Property Address: 84 North High Street, Dublin, Franklin County, Ohio 43017 Prior Instrument Reference: Instrument Number 200012290262387 Recorder's Office of Franklin County, Ohio Subject to real estate taxes and assessments; zoning ordinances; public rights -of -way; and reservations, restrictions, conditions, and easements of record. Grantee shall provide valet parking to the customers, visitors, invitees and licensees of the Property for so long as a full- service restaurant is operated on the Property. Grantee shall provide the valet parking in a manner, at the times and at the locations approved by the City of Dublin, Ohio, an Ohio municipal corporation, its successors and assigns (the "City "). Grantee shall abide by any and all rules or regulations pertaining to the valet parking that are established by the City from time to time. This covenant constitutes a servitude upon the Property for the benefit of the City. This covenant is binding on Grantee, its successors and assigns and any occupants of the Property, and is a covenant running with the land. The City may enforce this covenant by pursuing all available legal and equitable remedies, and the prevailing party in any enforcement action will be entitled to recover its reasonable attorney's fees, costs and expenses upon receipt of a final non - appealable judgment or a final judgment that is not timely appealed. (H1810067.I Executed by Grantor this I day of IVI A Q4 , 2010. STATE OF OHIO, COUNTY OF FRANKLIN, ss: 84 HIGH COMPANY, LTD., an Ohio limited liability company By: �— Its: '�d�.✓.�tC.�R PrintName: cY BE IT REMEMBERED, that on this 7 day of VV,u rrik- , 2010, before me, the subscriber, a Notary Public in and for said county, personally appeared rick .v ale ✓ , the _ (') w ivu,/ of 84 HIGH COMPANY, LTD., an Ohio limited liability company, Grantor in the foregoing Quitclaim Deed, who acknowledged the signing thereof to be his voluntary act and deed for and on behalf of such limited liability company. IN TESTIMONY THEREOF, I have here unto subscribed my name and affixed my seal on this day and year aforesaid. 4p n!!u MATTHEW J. PUGH Notary Public -State of Ohio ° " 0° My Commission Expires January 16, 2013 W Notary Public This instrument prepared by Schottenstein, Zox & Dunn Co. LPA 250 West Street Columbus, Ohio 43215 -2538 jH1810J67A Exhibit A Legal Description Parcel No. 273 - 000028 Parcel No. 273 - 004081 (X18033592 ( N� � - -- P1 Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 CITY OF DUBLIN. Phone: 614 - 410 -4400 • Fax: 614- 410 -4490 To: Members of Dublin City Council From: Terry Foegler, City Manager Date: February 18, 2010 ►J_ ' • Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 08-10—Rezoning— 84 and 72 North High Street and 20 North Street (Case No. 09 -105Z) Summary This ordinance was scheduled for second reading /public hearing on February 22, 2010. Planning requests the application be postponed in order to continue to work with the applicant regarding the provision of valet parking. Recommendation Staff recommends that Ordinance 08 -10 be postponed until the March 22, 2010 Council meeting. From: Carolyn Temple [ mai Ito: ctemple @aerosafegroup.com] Sent: Thursday, February 18, 2010 3:30 PM To: Jennifer Readier Subject: Ordinance 08 -10 Rezoning Dear Ms Readler, Please accept this letter as my request to postpone ordinance 08 -10 Rezoning for 84 & 72 High and 20 North Street until such time as we can gain permission for a valet service. We trust that this postponement will not unduly delay the issue of the building permit as we are on a critical time line with regard to construction. Thank you. Jack Eggspuehler Carolyn Temple Assistant to Jack Eggspuehler Aerosafe Group 20 North Street Dublin, OH 43017 Ph. 614/889 -7491 Fax 614/889 -2610 CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 To: Members of Dublin City Council From: Terry Foegler, City Manager Date: February 4, 2010 1 ' Memo Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 08 -10 —Rezoning — 84 and 72 North High Street and 20 North Street (Case No. 09- 105Z). Summary This is a request to rezone 0.67 acres at 84 and 72 North High Street and 20 North Street from CB, Central Business District to HB, Historic Business District. Description The 0.67 -acre site is located at the northeast intersection of North High Street and North Street within the Historic District. The site consists of three parcels located at 84 and 72 North High Street and 20 North Street, with 160 feet and 190 feet of frontage on North High Street and North Street, respectively. Each parcel contains a separate mixed -use, multi- tenant building along the street frontage and a shared parking lot to the rear. A deck and outdoor patio is located between 84 and 72 North High Street across the side property line. The site is currently zoned CB, Central Business District, as are the properties to the south, which include Brazenhead Tavern. Properties to the west, north, and east are zoned SO, Suburban Office and Institutional District, with the River's Edge 2 office building and parking to the north and the Dublin Branch of the Columbus Metropolitan Library west across North High Street. History Construction of the three buildings located at 84 and 72 North High Street and 20 North Street occurred in 1930, 1973 and 1988, respectively. Numerous architecture and site modifications have occurred (prior to zoning being in effect) or been approved since that time. Over time, changes in zoning requirements made elements of the buildings, patio and deck of 84 and 72 North High Street non - conforming. The site has also received multiple variances for parking and landscaping requirements for the construction of a patio. The most notable was a December 17, 1987 variance for parking and landscaping for the east parking area. As approved by the Board of Zoning Appeals, a condition required the patio be open to the public as a "park" in lieu of providing parking lot landscaping. The variance also permitted a parking reduction from 39 required spaces to none. Memo re. Ordinance 08 -10— Rezoning — Oscar's February 4, 2010 Page 2 of 2 On November 17, 2009 the applicant received ARB approval for a 1,038- square -foot addition and a change to the patios for 84 and 72 North High Street. The 1987 variance and the non - conforming nature of the buildings, patio and deck require full compliance with current Zoning Code regulations, or new variances. As a result, on December 17, 2009 the applicant applied for and received four variances to reduce the required number of parking spaces, permit a zero front yard setback, increase lot coverage, and waive interior landscape requirements. Recommendation of the Planning and Zoning Commission At the January 21, 2010 Planning and Zoning Commission meeting, the Commission recommended approval of the rezoning to City Council.. The Commission expressed concern regarding the parking variance granted by the Board of Zoning Appeals and potential for exacerbating the existing parking shortage in the Historic District. The Commission also expressed concern regarding the loss of the outdoor patio for "public" use as a park and expressed a desire that Council consider a means by which the previous BZA condition could be reinstituted and enforced. The desire for enforcement was related to the location and visibility of the existing sign identifying this area as a "public" space, and instruction to the restaurant staff as to the permissibility of "public" use of the patio. The BZA approved this last variance (interior landscape requirements) without the previous condition related to the "park" and therefore eliminated the need for the patio to remain open to the public. It is possible that the requirements related to liquor permits would have made the original condition unenforceable in any case. Proposed Zoning The HB District permits a variety of uses including residential (one through four dwellings), retail, restaurants, offices, institutional, religious, child care, parks and public plazas, bed and breakfast establishments, and outdoor patios. Planning determined the proposed rezoning complies with the Community Plan Future Land Use designation of "Mixed Use Village Center." The uses permitted in the HB District continue to support the recommendations made in the Area Plan. The proposed rezoning meets the City's long -tern goal of ensuring properties within the Historic District are within the zoning classification consistent with the development found in this area. Recommendation Planning recommends City Council approval of Ordinance 08 -10 at the second reading/public hearing on February 22, 2010. City of Dublin 09 -105Z N Rezoning Land Use and Oscar's Restaurant _ Feet Long Range Planning 72 & 84 N. High Street 0 150 300 r i� I .i r " � � ---elf •'. - -._ � ��.� 1� V`• ' -•� D o o s r: A f •�. -r� err!' ' . ,�; � OWN Il i 1 r F 4 4 T �� \ 1 Fr 4 r e try a r` City of Dublin 09 -105Z N n Land Use and Rezoning N Long Range Planning Oscar's Restaurant Feet 72 & 84 N. High Street, 20 North Street 0 1 50 300 Land Use and ►aw here 5800 Shier -Rings Road Dublin. Ohio 43016.1236 Phone/ TDD: 614.41D -4600 Fox: 614 -410 -4747 Web Site: w .dubGn.oh.us February 2009 PLANNING AND ZONING COMMISSION APPLICATION (Code Section 153232) 1. PLEASE CHECK THE TYPE OF APPLICATION: f ❑ Informal Review (Section 153.053(E)) Standard District Rezoning (Section 153.018) ❑ Preliminary Plat (Section 152.015) ❑ Final Plat (Section 152.085) ❑ Concept Plan ❑ Conditional Use (Section 153.056(A)11)) (Section 153.236) ❑ Preliminary Development Plan / Rezoning ❑ Corridor Development District (CDD) (Section 153.053) (Section 153115) ❑ Final Development Plan ❑ Corridor Development District (CDD) Sign (Section 153.053(E)) (Section 153.115) ❑ Amended Final Development Plan ❑ Minor Subdivision Right -of -Way Encroachment ❑ Other (Please Specify): Please utilize the applicable Supplemental Application Requirements sheet for additional submittal requirements that will need to accompany this application form. II. PROPERTY INFORMATION This section must be completed. Property Address(es): N - W I - + -7/2 hl. 14, S{, ; 2p der-ph s+ Tax ID /Parcel Numbe0s): Parcel Size(s) (Acres): 2 00 - i 335 2 - 0000 2$ ( 7-, 14) JU 1 75 2 O 2a r 1 $ b Existing Land Use /Development OFF( C..� $ tt. a >r N S / +BETA i_L / /e ESTA u RA/UT IF APPLICABLE, PLEASE COMPLETE THE FOLLOWING: Proposed Land UselDevelopment: kasr A "- 0- A.) T — j4AJ S I 0A1 Total acres affected by application: Ill. CURRENT PROPERTY OWNER(S): Please attach additional sheets if needed. l , Name (Individual or Organization): % I Q h Lr Dm pa m/ / l 1 72 ( A k- 1 m oa nV Mailing Address: (Street, City, State, Zip Code) 20 jj y M St✓-e- e 6 D u lb l f N l OR q301 F ! �y t] o Daytime Telephone: b (� _ g $ L lb 1 / — D p9 " z (o t Email or Alternate Contact Information: T OS W 1J0 r 2009 Page 1 of 3 CITY OF DUBLIN LAND USE & LONG RANGE PLANNING IV. APPLICANT(S) This is the person(s) who is submitting the application it different than the Property owners) listed in part Ill. Please complete if applicable. Name. V u S 14c&lf Y Applicant is also property owner. yes m no ❑ Organization (Owner, Developer Contractor, etc.): ^ W ne � V Organization (Owner, Developer, Cortractor, etc.): AeroSQ tt° '3 q "1 )V CO. /72 H k.. e O . 1 Mailing Address: (Street, City, State, Zip Code) 2 0 No r1'h &tr a ubliAl O H X30/ Daytime Telephone: ,,I 4 — 8 19- PH 414- ?99- 77 t Email or Alternate Contact Information, g .- a 6 f u L AFiQo SAFE R NL V. REPRESENTATIVE(S) OF APPUCANT / PROPERTY OWNER This is the persons) who is submitting the application on behalf of the applicant listed in part N or property owner listed in part III. Please complete if applicable. Name: C 4k 0 i - y /`1 J e ►'1'�/ e, Organization (Owner, Developer, Cortractor, etc.): AeroSQ tt° '3 q "1 )V CO. /72 H k.. e O . 1 Mailing Address: (Street, City, State, Zip Code) 2J 10 A-Pf ►-h .l'GG� 7� r D u b l /n! 00 5/3 Daytime Tel y P Io l'f 85r�- 9� 9l Fax: 89 Z6 /6 f Email or Alternate Contact Information: C P/c L aerOSaTL ria J VI. AUTHORIZATION FOR OWNER'S APPLICANT or REPRESENTATIVE(S): If the applicant is not the property owner, this section must be completed and notarized. the owner, hereby authorize to act as my applicant or representative(s) in all matters pertaining to the processing and approval of this application, including modifying the project I agree to be bound by all representations and agreements made by the designated representative. Signature of Current Property Owner. Date: ❑ Check this box if the Authorization for Owner's Applicant or Representative(s) is attached as a separate document Subscribed and sworn before me this day of 1 20 State of County of Notary Public VII. AUTHORIZATION TO VISIT THE PROPERTY: Site visits to the property by City representatives are essential to process this application. The Owner /Applicant, as noted below, hereby authorizes City representatives to visit, photograph and post a notice on the property described in this application. I _ VH CK EC19spfl to ki,lflr' _ , the owner or authorized representative, hereby authorize City representatives to vislt, photograph and post a notice on the property described in this application. Signature of applicant or authorized representative: / / I Date; 11 hip /® 9 Page 2 of 3 VIII. UTILITY DISCLAIMER: The Owner /Applicant acknowledges the approval of this request for review by the Dublin Planning and Zoning Commission and /or Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential services such as water and sewer facilities when needed by said OwnedApplicant I J A LtK J_. w l F the owner or authorized representative, acknowlodge,that approval offhA request does not constitute a guarantee ar binding commitment that the Clty of Dublin will be able to provide essential services such as water and sewer facilities when needed by said Owner /Applicant. Signature of applicant or authorized representative: Date: is IA. At'I'LIGAIV I'0 ArrmpAvi I: Tnis section must De com pleteu anti notarizeti. I , A"1 .��lpt.ir- n -�CEY _ the owner or authorized representative, have read and understand the contefli of this application. The information contained in this application, attached exhibits and other information submitted is complete and In all respects true and correct, to the best of my knowledge and belief. Signature of applicant or authorized representative: Date: Subscribed and swom to before me thls 1 � ' ~ day of IV&-V 1W-� , 20 0 7 i State of _ r ) t f o +. County of F-f zstw 1 Notary Public r �r "1Ak MATTHEW I PUGH * � Notary Public -State of Ohio �* My Commission Expires - a January 16, 2013 FOR OFFICE USE ONLY Amount Receivedi imw.4 Ito: Application N P&Z. Date($): i ��1 0 P&Z Action: walb A Receipt No: Map Zone: Date Received: Received By: �C f City Council (First Reading): 2I 1 City Council (Second Reading): 2 [ 2Z City Council Action: Ordinance Number. 08 — 1 0 Type of Request: ti N, E, (Circle) Side of: Chnu± E, W (Circle) Side of Nearest Inters ticn: 1 I V Distance from Nearest Intersection: Existing Zoning District: Requested Zoning District: Page 3 of 3 GENERAL WARRANTY DEED' r ,�; Q. wati"Aa amphie c.rv_. o. y:nrarronY rows N.V. Code, S. 33oLO1 9D.05 I" C y Q roan s.a vi -si fNDOW all 111Cn bu 111M P- M E s; That' DAVID L. SANDS, married Of Franklin County, Ohio for valuable consideration paid, grants , with general warranty covenants, to JACK J. EGGSPUEHLER, TRUSTEE , whose tax mailing address is the following real property: Situated in the County of Franklin in the State of Ohio and in the Town of Dublin and bounded and described as follows:' Being Lot Number One Hundred Thirty —two (132) in TOM OF DUBLIN, as the same is numbered and delineated upon the recorded plat of said Town of Dublin. xl� Prior Instrument of Reference: Volume 3556 Robin L. Sands dower therein. Page 10 r ' wife-.?R§&Fad of the grantor, releases all rights of R'i:ncss our hand s this 22nd day of Signed and acknowledged in the presence of: May , 1979 , David L. Si5i Ts Robin L. Sands THE STATE OF OHIO, FRANKLIN COUNTY, ss. Be It Remembered. That on this 22nd day of May , 1979 , before me, the subscriber, a NotaryPublic in and for said County, personally came the above named DAVID L. SANDS and ROBIN L. SANDS the Grantor s in the foregoing Deed, and acknowledged the signing of the same to be their voluntary act and deed, for the uses and purposes therein mentioned. STATUTORY WARRANTY DEED A. Ted Bland and Carol J. Blandr husband and wife, grantors, for valuable consideration paid, grant(s), with general warranty covenants to Jack J. Eggspuehler and Joan B. Egsnuehler 84 N. High Street, Dublin, Ohio 43017, the following described real property: Situated in the village of Dublin, County of Franklin, and State of Ohio: Being Lot Number One Hundred Thirty-three (133) in the VILLAGE OF DUBLIN, as the same is numbered and delineated upon the recorded plat thereof, of record in Deed Book 1, page 1.93, and Plat Book 3, page 199, Recorder's Office 1F F in nCoul ty l"O7C+` o- Mir, dce�i cc:r,t+�ln .r.s a land crntr -tc:t t)e Subject to covenants, restrictions, conditions and easements of record, if any, and taxes and assessments now and hereafter a lien. Tax district number and parcel number: Z 7 Street address of property: 84 N. High Street. Prior instrument reference: volume 3, page 26 of the Deed Records of Franklin County, Ohio. _- Signed this C) � /f _ day of October, 1986. Signed and acknowledged in the presence of: f' k1. Ted Bland Witness / 1 r ) r f irk i4 (Z x Witness' Ca ]. t3land STATE OF FLORIDA COUNTY OF +j.:' r + ; ra r' -- , SS: On this day of October, 1986, before me, the ubscriber, a notary public in and for said County and State, personally game the above named W. Ted Bland and Carol J. Bland, husband and wife, „. grantor in the foregoing Deed, and acknowledged the signing of the same to be their voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. �,•� . r k Notary Public _ }T ►C�r1i '-'�' .. x1390. I I i i { I i 20 North Street, Dublin, Ohio • EXHIBIT "1t" DESCRIPTION OF A 0.1632 ACRE TRACT OF LAND 7 -7-87 NORM OF DARBT STREET EAST OF HIGH STREET DUBLIN, OHIO Situated in the State of Ohio, County of Franklin. Village of Dublin, being 0.1632 acres of land, of which 0,1375 acres being out of Lot 132, as shown and del•.neated upon the Town Plat of Dublin, of record in Plat Book 3, 'Page 199, Recorder's Office, Franklin County, Ohio, and 0.0257 acres being out of that alley vacated by Village of Dublin Ordinance No. 92 -86; said 0.1632 acres being more particularly described as follows; Beginning at the southeasterly corner of a 20.00 foot ride alley vacated by Village of Dublin Ordinance ho. 92 -86, sold Point of Beginning being In the northerly right- of-way line of Darby Street (66.00 feet in width); Thence West, along the northerly line of said Darby Street. the southerly line of said vacated alley, and.the southerly line of said Lot No. 132. a distance of 127,00 feet to a point, said point being located East. 59.04 feet from the southwesterly corner of said Lot No. 132; Thence North, a distance of 56.00 feet to a point; Thence East, parallel to and 56,00 feet northerly from (as measured at right angles) the southerly line of said Lot No. 132, crossing said vacated alley, passing the easterly Tine of said Lot No. 132 at 107.OD feet, a distance of 127.00 feet to a point in the easterly line of said vacated alley; Thence South. along the easterly line of said vacated alley. a distance of 56.00 feet to the Point of Beginning and containing 0.1632 acres of land. Note, A bearing of west was assumed on the northerly right -of -way line of Darby Street. and all other bearings then calculated from this meridian. HOCKAOEH AND ASSOCIATES, INC. Consulting Engineers is \ Cloyd Evers,/ Registered Su veyor No. 5414 CEE /taw '° n cc . 37872 1i:1i0 :A'.IISSION L; °T REQUICC?E0. Parcel ID Map Ruultmg No C;N I'lo 273-004081-00 273-NO89 -090-01 1 20 NORTH ST i own of 172 HIGH COMPANY LTD If the above is lnwrfect please can 614A62-4663 Tax BiR rAaAirig in '72 HIGH COMPANY LTD :20 NORTH ST DUBLIN OH 43017 Lent l DerceirAvio 1 20 NORTH ST :107'X 56' & 56' X 10 PT VAC ALY ms!W 10091 Recent Tfons let Land Sala AirzOdn' i $o • Date of Saic, $452,300 12129/2000 Co veyance Type :Treat CIE Exemn'L Number $174800 $01 912698.Mi j Number of Parcels 21 Tax Year 2N9 :77 ,Anrikial Tuxe: $13,489.96 jTaxo $13,489.96 cuffor.tvai"s RECEIVED NOV 1 _ �.; GIT ` i�1:` LAND USE & LONG RANGE PLANNING ms!W Ta x a t I e Land $47,100 $16,490 $452,300 5158,310 :Treat $499400 $174800 $01 O Gaur $0, 0 w I Idi nq OW;, Ygar &Jifl -- — 7 1988 Ta of 4,4N Tax Status pznp�dy ('!.w3s Tjx D;s'.!'.t [273] COMMERCIAL 44 7 OFFICE BUILDING CITY OF DUBLIN-WASH TWP- DUBLIN C.S.D. Sc 125131 DUBLIN CSD ;Q2hurrh.QQ(, 00102 Board of Revisor NO Tnx Lion 7 NO Homestead NO 2.5% ReduG,:,(, NO NO CD 0 RECEIVED NOV 1 _ �.; GIT ` i�1:` LAND USE & LONG RANGE PLANNING Clarence E. Mingo II Geographic InformationSysrern ' Auditor, Franklin Count-, Ohio PID: 273-004081 72 HIGH COMPANY LTD Owner Name 72 HIGH COMPANY LTD Site Address 20 NORTH ST Neighborhood Mail Address 72 HIGH COMPANY LTD DUBLIN CSD Annual Taxes 20 NORTH ST DUBLIN OH 43017 Tax District CITY OF DUBLIN -WASH TWP- DUBLIN C.S.D. Description 20 NORTH ST 107'X 56' & 56'X 10' PT VAC ALY Auditor's Appraised Values Taxable Exempt Other Exempt Land $47,100 $0 $0 Building $452,300 $0 $0 Total $499,400 $0 $0 Building Information Rooms 0 Baths 0 Bedrooms 0 Half Baths 0 Transfer Date 12/29/2000 Sale Amount $0 Year Built 1988 Auditor's Map N089 090.01 Neighborhood 00102 School Name DUBLIN CSD Annual Taxes $13,489.96 Accessed Acreage Landuse CAUV Homestead Property Class Number of Cards Square Feet 0 Air Cond. 0.150 447 - OFFICE BUILDING $0 NO COMMERCIAL 1 Fireplaces 0 Stories 0 Disclaimer The Information on this web site is prepared for the real property inventory wlthln this county. Users of this dais are noted that the public primary information source should be consulted for verification of the information contained on this site. The county and vendors assume no legal responsibilities for the information contained on this site. Meese notify the Franklin County Auditors Real Estate Division of any discrepancies. 09- 105ARB — 84 North High Street ' Craig Barnum 84 High Co Ltd Oscars 84 North High Street 84 N High Street Dublin, OH 43017 Dublin, OH 43017 • Jack & Joan Eggspuehler William E Sloan Rivers Edge Two 20 North Street 40 North Street 94 N High Street Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017 Columbus Metro Library Bd of Trs 72 High Company Ltd Coffinan Company Ltd 75 N High Street 72 North High Street 53 North Riverview Street Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017 25 North Company Ltd Blarney Brothers 37 Darby Co Ltd 58 North High Street 53 North High Street 37 Darby Street Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017 Sonksen Properties 25 North Company, Ltd. Craig & Melissa Sonksen 45 North High Street 20 North Street 35 Darby Street Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017 Property Owner Thelma Hill Coffinan Company Ltd 37 North Riverview Street 35 North High Street 27 North Riverview Street Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017 Guy Investment Co John and Michelle Bush 28 North High Street 36 North High Street Dublin, OH 43017 Dublin, OH 43017 NoRT; � f%1�:1 ST /�� J'4��✓rEZ sox � _. r t —�– -\ r Llq rrold �Fi4CE . r \ " V I r -- 1 lA lJ6CK f .EAtc� I [ at ErE,a, ^ x � _XI,57'W cj 72 W 0 1 27 "V H/ ST `fix P�riv JST /NC 6 st ,tiC 2 H h'J, ST, _ ( b TA TA �.St•,Q7' /NCB) V Q G ti , rt - a T I - -` M rYElt/ V E,23 TO / __.}te t - \ I W , V �aYE 3 R + � o ti a `-• e Q�s> �' � q � � �,as �xErFZ i � 5p4lG 72 NoRTN N/ ST � ��1YE��lbpiT i V \� QN W ' � V w IVI-- / / OeW 77 OA) 71L) OSI:f 2 5 IM p 3i o - _�¢1:O12T�f N /�v ST �D to �y i ■ Z Zr p. x f . p • co 2 - _ FT3 l .A��7E dQCI� /TEGT lD l -� SE a!S-r'41 Gt1NE �Cl1G /,! �G �4�7Z 3SZ 3A7 452�/F 3f7 m O d � _ 0 < g �O A m a0 RBVIBIONB F ,�xJST / , VS: L2�n(T P.�r ^sf --A f �t _� G��c s..r nn.ATcir EXIST t3,aY � /v /n°.00w ��Y ✓✓ /I✓oo vV WLS; E' c + ✓i1i %'JiV ✓:`" (',4 ,` ✓1�, T,�' %i< r >' T. 1 EX /SJ';7N4 /VO :=f /.d 11 /GE BEL O.W- .O(/E/1NANG _. .ZEBU /LO EX /ST. ST.a /R Z-4,57 Lvv<::; . /L� ¢ Ivor <� N Aar ,y r, EX /ST ///G - No GN.�N4 E of o THEODORE A RAY C HARDER V' no.aaza RFD N�G�� i �s �i h ti A, �1 b ry l J ti N °rl Q q I DgsWN zi CKtCKIO e/ E DLT■ lca�l SHO w.V JOl NO. 3G o� •MITT OF J ■N66Tf F_X /s /✓o ExT =a /o¢ �ES;�n/, N�A,rc;e .AL o2 coGc>rz c..in,�fCE __ �vE'w coNST2 ucT /v.v Ybone /ID0: 61.161 Po.6IL<1Rg0 WeUSi18:— ,UWln.ohti cmodeg a Legacy The Planning and Zoning Commission took the following action at this meeting: 5. Oscar's 72 and S4 North High Street and 20 North Street 09 -105Z Remning Proposal: Rezone three parcels totaling 0.67 acre from CB, Central Business District to H$ Historic Business District for a site located at the northeast corner of North High Street and North Street. Request: Review and recommendation of approval to City Council of a standard district rezoning under the provisions. of Code Section 153.234. Applicant: Jack Eggspuehler, Owner; represented by Carolyn Temple, Aerosafe Group. Planning Contact: Jennifer M. Rauch, AICP, Planner II. Contact Information: (614) 410 -4690, jrauch @dublin.oh.us MOTION #1: To recommend approval to City Council for this Rezoning application because it meets the Future Land Use designation and the City's long -term goal of ensuring properties within the Historic District are within the zoning classification consistent with the development located in this area. VOTE: 7 -0. RESULT: This rezoning was recommended for approval. MOTION #2: To highlight the Planning and Zoning Commission's discussion regarding their concerns with parking in the Historic District and the once public patio in the communication accompanying the rezoning application to City Council. VOTE: 7 -0. RESULT: The Planning and Zoning Commission's discussion about their Historic District parking concerns and once public patio will accompany the rezoning application sent to City Council. STAFF CERTIFICATION Jennifer M. Rauch, AICP Planner II PLANNING AND ZONING COMMISSION RECORD OF ACTION C11'Y DF DUBLIN. mna u.. one unv aaq. rm�me JANUARY 21, 2010 5&O SWar-M R36 Oob5n.Obio . W16136 Ybone /ID0: 61.161 Po.6IL<1Rg0 WeUSi18:— ,UWln.ohti cmodeg a Legacy The Planning and Zoning Commission took the following action at this meeting: 5. Oscar's 72 and S4 North High Street and 20 North Street 09 -105Z Remning Proposal: Rezone three parcels totaling 0.67 acre from CB, Central Business District to H$ Historic Business District for a site located at the northeast corner of North High Street and North Street. Request: Review and recommendation of approval to City Council of a standard district rezoning under the provisions. of Code Section 153.234. Applicant: Jack Eggspuehler, Owner; represented by Carolyn Temple, Aerosafe Group. Planning Contact: Jennifer M. Rauch, AICP, Planner II. Contact Information: (614) 410 -4690, jrauch @dublin.oh.us MOTION #1: To recommend approval to City Council for this Rezoning application because it meets the Future Land Use designation and the City's long -term goal of ensuring properties within the Historic District are within the zoning classification consistent with the development located in this area. VOTE: 7 -0. RESULT: This rezoning was recommended for approval. MOTION #2: To highlight the Planning and Zoning Commission's discussion regarding their concerns with parking in the Historic District and the once public patio in the communication accompanying the rezoning application to City Council. VOTE: 7 -0. RESULT: The Planning and Zoning Commission's discussion about their Historic District parking concerns and once public patio will accompany the rezoning application sent to City Council. STAFF CERTIFICATION Jennifer M. Rauch, AICP Planner II Dublin Planning and Zoning Commission January 21, 2010 —Meeting Minutes Page 4 of 5 DRAFT 5. Oscars 84 & 72 North High Street and 20 North Street 09 -105Z Rezoning Ms. Amorose Groomes said this application involves a rezoning of 0.67 acres on three parcels from CB, Central Business District to HB, Historic Business District for a site located at the northeast corner of North High Street and North Street. Jennifer Rauch presented this standard rezoning application and explained the review procedures. She stated the rezoning would determine the specific zoning regulations that govern the development of this site and provide the Commission the opportunity to review the proposed zoning classification and its appropriateness given the location within the Historic District. She said as the site is located within the Historic District, the applicant has gained approval of the site development details from the Architectural Review Board. She stated a recommendation from the Commission to City Council would be required. Ms. Rauch said the three parcels totaling 0.67 acres are located at the northeast corner of North High Street and North Street and consists of 84 and 72 North High and 20 North Street. She said the properties to the south are zoned CB, Central Business District and the properties to the north, east and west are zoned SO, Suburban Office District. She stated the City's overarching goal is to rezone properties in the Historic District into the more appropriate zoning classifications which are HR, Historic Residential District, and HB, Historic Business District, which is consistent with the proposal Ms. Rauch stated in November 2009 the Architectural Review Board approved site modifications which included a building addition and modifications to the existing patio area. She said the approved modifications required compliance with the Zoning Code and the approval of multiple variances. She said the Board of Zoning Appeals approved four variances in December 2009. Ms. Rauch said based on Planning Analysis, the Future Land Use map and the Area Plan are met for this proposal and Planning recommends the Planning and Zoning Commission recommend approval to City Council. Ms. Amorose Groomes asked if there was anyone who would like to speak with regard to this application. [There was none] Mr. Taylor said the rezoning was appropriate and the only issue he wanted to get on the record was his concern with the parking situation. He said he was disappointed the Board of Zoning Appeals approved a parking variance so quickly when this property has previously received a substantial parking variance. He expressed concern about the 1,800- square -foot addition without additional parking. He said the District is about to reach a critical mass with parking and when tenants open up in the new building on the corner of Bridge and High it is going to come to a head. He said he wanted City Council to hear from the Commission that the parking issue needs to be dealt with in a more substantial way than wayfinding and shared parking agreements. Ms. Kramb expressed her concern about the loss of the patio as a public area over the past few years and that it was never replaced. She said this agreement needs to be remembered and the applicant is not following that open facility condition and it should be fixed. Dublin Planning and Zoning Commission January 21, 2010 — Meeting Minutes Page 5 of 5 DRAFT Mr. Fishman agreed and said the patio is still to operate like park. He said the original condition when Mr. Eggspuehler asked to use this as a patio, but to provide a sign stating it was open to the public. He said over time the sign has become overgrown and no one feels comfortable using this space as a City park because it looks like his patio. He said this is a gross violation of the condition and should be made to be a City park again. Ms. Amorose Groomes agreed and said it is problematic because it was intended to be community space and it needs to be resolved. Ms. Rauch said with the original approval of the variance which under that area became open to the public Mr. Eggspuehler agreed it was to open to the public in lieu of the required interior landscaping. She stated as part of the recent variance approval the applicant was provided relief from the interior landscaping requirements and thus eliminating the need for the park to remain open to the public. Mr. Walter said he did not believe the interior landscape requirements and the provision of the open patio were connected in the 1987 variance. He said they can get relief to the interior landscaping but the patio needs to be open. Ms. Amorose Groomes asked that the site be brought into compliance. Mr. Langworthy said conditions cannot be attached to the rezoning, but Planning would include this discussion within the memo provided to City Council. Carolyn Temple, 20 North Street, Dublin OH 43017, was present, representing the applicant. Motion and Vote Mr. Taylor made a motion to recommend approval to City Council for this Rezoning application because it meets the Future Land Use designation and the City's long -term goal of ensuring properties within the Historic District are within the zoning classification consistent with the development located in this area. Mr. Zimmerman seconded the motion. The vote was as follows: Mr. Walter, yes; Mr. Fishman, yes; Ms. Amorose Groomes, yes; Ms. Kramb, yes; Mr. Hardt, yes; Mr. Zimmerman, yes; and Mr. Taylor, yes. (Approved 7 — 0.) Motion and Vote Mr. Walter made a motion to highlight the Planning and Zoning Commission's discussion regarding their concerns with parking in the Historic District and the once public patio in the communication accompanying the rezoning application to City Council. Mr. Fishman seconded the motion. The vote was as follows: Mr. Hardt, yes; Ms. Kramb, yes; Mr. Zimmerman, yes; Mr. Taylor, yes; Ms. Amorose Groomes, yes; Mr. Fishman, yes; and Mr. Walter, yes. (Approved 7 -0.) PLANNING REPORT CITY OF DUBLIN. PLANNING AND ZONING COMMISSION tone uaa and Lang Range Planning 5333 Shin ge, Read JANUARY 21, 2010 Me, one 430161236 Mon,: 6144104630 Fu '. 61 ,410,4747 Web Sae: .,.,.daW eh.a� SECTION I —CASE INFORMATION 5. Oscar's 72 and 84North High Street and 20 North Street 09 -105Z Remning Proposal: Rezone three parcels totaling 0.67 acre from CB, Central Business District to HE, Historic Business District for a site located at the northeast corner of North High Street and North Street. Request: Review and recommendation of approval to City Council of a standard district rezoning under the provisions of Code Section 153.234. Applicant: Jack Eggspuehler, Owner; represented by Carolyn Temple, Aerosafe Group. Planning Contact: Jennifer M. Rauch, AICP, Planner II. Contact Information: (614) 410 -4690, jrauch @dublin.oh.us UPDATE This case was postponed from the January 7, 2010 Planning and Zoning Commission meeting, which was canceled due to inclement weather. The content of this report has not been changed. Case Summary This is a request for review and recommendation of approval of a rezoning for three parcels within the Historic District. The applicant is proposing to rezone the 0.67 acres from CB, Central Business District to HE, Historic Business District to ensure long -term compatibility with the development pattern and character found within the Historic District. Planning recommends approval of this rezoning. Case Background The original construction of the three buildings located at 84 and 72 North High Street and 20 North Street occurred in 1930, 1973 and 1988, respectively. Over the years numerous architecture and site modifications have occurred (prior to zoning being in effect) or been approved since that time to change the uses, address site conditions, modify signs, allow exterior building modifications, and add an outdoor patio area. In this period changes in zoning requirements made elements of the buildings, patio and deck of 84 and 72 North High Street non - conforming. The site has also received multiple variances for parking and landscaping requirements for the construction of a patio. The most notable was a December 17, 1987 variance for parking and Dublin Planning and Zoning Commission Planning Report — January 21, 2010 Application No. 09 -105Z — Page 2 of 4 landscaping for the east parking area, was approved by the Board of Zoning Appeals with a condition that requiring the patio be open to the public as a "park" in lieu of meeting required parking lot landscaping. The variance also permitted a parking reduction from 39 required spaces to zero spaces. On November 17, 2009 the applicant received ARB approval for a 1,038- square -foot addition and a change to the patios for 84 and 72 North High Street. The approved site plan and elevations are included for reference. A 1987 variance was affected by the approved modifications as it related to the creation of the patio spaces, which in addition to the non - conforming nature of the buildings, patio and deck do not allow for construction or alteration without compliance with the current Zoning Code regulations, or receipt of variances. Four variances were granted by the Board of Zoning Appeals on December 17, 2009 to provide relief for a number of zoning issues related to the newly approved building addition. The variances permit a reduction in the required number of parking spaces, a zero front yard setback, an increase in lot coverage, and relief from the interior landscape requirements. The existing patio area located along North High Street is within the right -of -way and the applicant is pursuing approval of a right -of -way encroachment by Dublin Engineering and City Council. Site Description Location and Character To the north of the site is the River's Edge 2 office building and parking. To the south of the site is the Brazenhead Irish Pub. To the west across North High Street is the Dublin Branch of the Columbus Metropolitan Library. The site consists of three parcels located at 84 and 72 North High Street and 20 North Street. • 84 North High Street: This is a 0.34 -acre rectangular parcel with a width of 85 feet along North High Street and a depth of 180 feet. The site contains a beige and brown two- story, 6,900- square -foot mixed -use building with office, retail, and restaurant uses. A deck and outdoor patio is located between 84 and 72 North High Street across the side property line. • 72 North High Street: This 0.18 -acre parcel is on the northeast corner of North High Street and North Street. The property is a flag- shaped with a 2,289- square -foot beige and brown, two -story building along North High Street with retail and office uses. The two sites are on two levels separated by a retaining wall. The buildings are located at street level with a common pedestrian way providing access to a shared 49 space parking lot at the rear of the sites and to the adjacent buildings. The shared lot serves 84 North High Street, 72 North High Street, and 20 North Street. • 20 North Street: The site has a 7,025- square -foot, multi - tenant building located to the east along North Street, which matches the buildings at 84 and 72 North High Street. Dublin Planning and Zoning Commission Planning Report— January 21, 2010 Application No. 09 -105Z — Page 3 of 4 Surrounding Zoning and Uses The site and properties to the south are zoned CB, Central Business District. Permitted uses in this district include retail, personal services, and business and professional offices. To the west, north, and east are properties zoned SO, Suburban Office and Institutional District. Proposed Rezoning: The proposal would rezone the three parcels from CB, Community Business District to HB, Historic Business District. A comparison of the uses and requirements within two districts follows: CB District Historic Residential District Residential uses (one through four dwellings), Residential structures (one retail uses, eating and drinking establishments, through four dwellings), administrative offices, medical and dental Uses retail stores, administrative offices, personal and consumer services, offices, personal and institutional uses, religious uses, child care, parks and public plazas, bed and breakfast consumer services. establishments, outdoor patios and dance related studios. Lot Area No minimum lot area is No minimum lot area is required. required. Lot Width No minimum lot width is 60 feet minimum lot width and frontage required. re uired. Right -of -way width as Front Yard measured from the No front yard setback centerline. Adjacent to residential district, the required side Side Yard yard is one -fourth the sum Minimum side yard of 0 feet with a total side of the height and depth of yard of five feet. the building, no case less than 15 feet. Adjacent to residential district, the required rear yard is one -fourth the sum All lots shall have a minimum rear yard of five Rear Yard of the height and width of feet. the building, except when adjacent to a dedicated alley of not less than 20 feet. Lot Coverage 80% lot coverage of the 80% lot coverage unless otherwise permitted total lot area. by the Architectural Review Board. Dublin Planning and Zoning Commission Planning Report — January 21, 2010 Application No. 09 -105Z — Page 4 of 4 SECTION II - REVIEW STANDARDS The Planning and Zoning Commission is to determine whether the proposed rezoning will generally conform to the Dublin Community Plan and other applicable area plans, integrate in an appropriate and compatible manner with surrounding land uses, and generally adhere to other accepted planning policies and practices. After recommendation by the Planning and Zoning Commission, the rezoning application will be forwarded to City Council for public hearing and final vote. A two- thirds vote by City Council will be required to override a negative recommendation by the Planning and Zoning Commission. If approved by Council, the rezoning will become effective 30 days after passage. As determined by the Law Director, no binding conditions of approval may be appended to a request for rezoning to a straight -zoned district. Evaluation and Recommendation based on the Community Plan Future Land Use: The adopted Future Land Use Map in the Community Plan shows this site as Mixed Use Village Center which is consistent with the uses contained in this rezoning application. The Village Centers include targeted areas near arterials or major collectors that are intended to provide daily retail, major grocers and other conveniences to serve the Dublin community within a 3 to 5 -mile radius. Village Centers incorporate moderately -sized nodes of commercial activity with a target size of 125, 000 square feet of gross leasable space. Integrated office uses are encouraged in a manner appropriate to the overall area. Medium to High Density Mixed Residential uses are encouraged and should be integrated to facilitate pedestrian activity and to provide support for commercial uses. Future Land Use met The existing uses remain commercial in nature with an intended purpose to serve the local community. No changes in use are proposed. Area Plan: This site is part of the Historic Dublin Area Plan within the Community Plan. The main goal of this area plan is to enhance and revitalize Historic Dublin as activity center within the City that is vibrant, pedestrian- oriented and user friendly with integrated mix of uses that supports economic, civic, recreational and housing opportunities for all segments of Dublin's population. Area Plan met The existing uses do concentrate the services and overall design of the site to pedestrian oriented customers and provides an integrated mix of uses. The uses permitted in the HB District continue to support the recommendations made by the Area Plan. SECTION III — PLANNING OPINION AND RECOMMENDATION: Approval Based on Planning's analysis, the proposed rezoning meets the Future Land Use designation and meets the City's long -term goal of ensure properties within the Historic District are within the zoning classification consistent with the development located found in this area. Planning recommends approval of the request. APPROVED SITE PLAN (FOR REFERENCE ONLY) N T 09 -105Z Rezoning Oscars 72 &r. 84 N. I Iigh Strwl, 20 North Slmel APPROVED ADDITIONS 84 NORTH HIGH STREET (FOR REFERENCE ONLY) ierr- ru aw+�or race 'ece.a' roe+7sea+ arr.€u, r .e dr �w .. +«se _ .r.a. mrFa+..rntw _ 7 41BJ xs 4 nrv.rw �a lI _r � I !V£STELEYAT /a'V •�✓4- %� � NO.FP'/ F''l ,FT.� r.. 3 _— t PAST E_;FvcrlJN cwz;. B' 1B4 sior<rw F T 09 -105Z Rezonuig oscar's 72 8r. 94 N. i ligh Street, 20 North Street 71 BOARD OF ZONING APPEALS Absent BOARD ORDER CITY OF DUBLIN,. Victoria Newell Land Us* and Long R DECEMBER 17, 2009 5000 Shier -Rings Road Brett Page Dublin, Ohio 43016 -1236 Phone / TDD: 614 - 410-4600 Fax: 614 -410 -4747 Web Site: www.dublin.oh,us Creating a Legacy The Board of Zoning Appeals took the following action at this meeting: 1. Oscars 84 & 72 North High Street and 20 North Street 09 -106V Variances Proposal: Multiple variances to reduce the required number of parking spaces, reduce the front yard setback, increase lot coverage, and reduce landscape requirements for an existing business within the Historic District. The site consists of three parcels located at the northeast corner of North High Street and North Street. Request: Review and approval for variances to Code Sections 153.212, 153.072(B), 153.071(B)(4)(b) and 153.133 under the provisions of Code Section 153.231. Applicant: Jack Eggspuehler, owner; represented by Carolyn Temple, Aerosafe, Inc. Planning Contact: Jennifer M. Rauch, AICP, Planner II Contact Information: (614) 410 -4690, jrauch @dublin.oh.us MOTION #1 of 4: Sean Cotter made a motion, seconded by Victoria Newell, to approve this Variance application to Code Section 153.212, to permit a reduction in the required number of parking spaces. VOTE: 4-0. RESULT: This Variance Application was approved. RECORDED VOTES: Bangalore Shankar Absent Sean Cotter Yes Victoria Newell Yes Patrick Todoran Yes Brett Page Yes Page 1 of 3 BOARD OF ZONING APPEALS BOARD ORDER DECEMBER 17, 2009 1. Oscars 84 & 72 North High Street and 20 North Street 09 -106V Variances MOTION #2 of 4: Sean Cotter made a motion, seconded by Patrick Todoran, to approve this Variance application to Code Section 153.072(B), to permit a zero front yard setback. VOTE: 4-0. RESULT: This Variance application was approved. RECORDED VOTES: Bangalore Shankar Absent Sean Cotter Yes Victoria Newell Yes Patrick Todoran Yes Brett Page Yes MOTION #3 of 4: Sean Cotter made a motion, seconded by Victoria Newell, to approve this Variance application to Code Section 153.071(B)(4)(b) to permit a 92 percent lot coverage. VOTE: 4-0. RESULT: This Variance application was approved. RECORDED VOTES: Bangalore Shankar Absent Sean Cotter Yes Victoria Newell Yes Patrick Todoran Yes Brett Page Yes Page 2of3 BOARD OF ZONING APPEALS BOARD ORDER DECEMBER 17, 2009 1. Oscars 84 & 72 North High Street and 20 North Street 09 -106V Variances MOTION #4 of 4: Sean Cotter made a motion, seconded by Brett Page, to approve this Variance application to Code Section 153.133(B), to permit relief from the interior landscape requirements for the parking lot. VOTE: 4-0. RESULT: This Variance application was approved. RECORDED VOTES: Bangalore Shankar Absent Sean Cotter Yes Victoria Newell Yes Patrick Todoran Yes Brett Page Yes STAFF CERTIFICATION Jennifer M. Rauch, AICP Planner II Page 3 of 3 Dublin Board of Zoning Appeals December 17, 2009 — Minutes Page 3 of 5 D 0AFT 1. Oscar's 84 & 72 North High Street and 20 North Street 09 -106V Variances Chair Sean Cotter swore in those intending to speak regarding this case, including Carolyn Temple, representing the owner and applicant, Jack Eggspuehler, and City representatives. Jennifer Rauch presented this request for four variances for three adjoining parcels zoned CB, Central Business District. She described the site and the surrounding area. She stated that the Oscar's restaurant and offices are located at 84 North High Street, and 72 and 20 North High Street also contain office uses. She noted that the parking lot serving all three lots is located to the rear of the buildings. Ms. Rauch said an existing public patio area used by Oscar's is between 84 and 72 North High Street. Ms. Rauch explained the need for the four variances. She said the building setback for 84 and 72 North High Street are nonconforming because they were constructed before Dublin's current setback regulations were adopted. She said the lots also exceed maximum lot coverage, and the site is under - parked per Code with 50 parking spaces serving all three lots. Ms. Rauch said that besides the 50 -space parking lot, the applicant maintains a parking agreement with 94 North High Street for the restaurant to use the lot on weekends and after 5 p.m. on weekdays. Ms. Rauch said that variances had been granted for parking and the interior landscaping in 1987. She reported that the variance waived the parking requirements for a building addition as well as the interior landscaping requirements for the parking lot, but required the applicant to keep the patio open to the public and retain greenspace to maintain a park -like setting. Ms. Rauch said that the Architectural Review Board had recently approved some site modifications, requiring a new variance request. She said Code allows a maximum of 80 percent lot coverage and with the increase resulting from the application approved by the Architectural Review Board, the total lot coverage will be 92 percent. She said that interior landscaping requires 800 square feet of landscaping within the parking area, which would require the removal of additional parking spaces, making the parking situation even more problematic. Ms. Rauch concluded by summarizing the four requested variances: Variance 1: Reduction in the required number of parking spaces. Variance 2: Allow zero front yard setback. Variance 3: Increase the maximum lot coverage. Variance 4: Relief from the interior landscape requirements. Ms. Rauch said that it was Planning's analysis that all four variances meet all three required standards of Code Section 153.231(H)(1)(2) and at least two of the four findings, and therefore Planning recommends approval of all four variances. Victoria Newell asked about the parking situation in the Historic District. She was concerned that there already seems to be a lack of available parking, particularly during peak times, and she wondered if approved the parking variance would exacerbate the problem. Rachel Ray explained that parking was being considered as part of the Bridge Street Corridor Study. She said there is an obvious need for parking and a more coordinated approach to addressing public parking in general throughout the Historic District. Dublin Board of Zoning Appeals December 17, 2009 — Minutes Page 4 of 5 Brett Page said he had observed that the Oscar's parking lot was very full at night and was concerned that the parking was well under what was needed. Mr. Cotter asked what parking was required for the new Bridge and High Street development. Ms. Rauch said the required parking had been waived in lieu of the construction of the City's Darby Street parking lot, and that parking had been addressed in the Planned District text for that development. Mr. Cotter asked if a rezoning to HB, Historic Business District, would address the need for a parking variance. Ms. Rauch explained that a rezoning would resolve the setback and lot coverage issues, but the parking and interior landscaping are not a specific to any particular zoning district and would not be resolved. She reported that Oscar's submitted a rezoning application which will be on the January 7, 2010 Planning and Zoning Commission meeting agenda. Carolyn Temple, 20 North Street, the applicant's representative, commented that she had observed the parking lot during the lunch hour and it never was completely full. She said there is a separate employee parking lot for 20 North High Street and Oscar's. She acknowledged that better signage was needed to get drivers to use the additional parking spaces that are available at 94 North High Street during the evenings and weekends. Mr. Cotter commented that effective signs for parking locations will be important when the Bridge and High businesses open. Tammy Noble - Flading explained that the City is currently working on a wayfinding sign package to provide better identification of public parking lots. Ms. Newell clarified that she was not concerned with the Oscar's expansion and parking, and she thought there were legitimate hardships on this site that were unique to Historic Dublin and this property that would warrant the variances. Motion #1 and Vote Sean Cotter made a motion, seconded by Victoria Newell, to approve this Variance application to Code Section 153.212, to permit a reduction in the required number of parking spaces. The vote was as follows: Mr. Page, yes; Mr. Todoran, yes; Ms. Newell, yes; and Mr. Cotter, yes. (Approved 4 — 0) Motion #2 and Vote Sean Cotter made a motion, seconded by Patrick Todoran, to approve this Variance application to Code Section 153.072(B), to permit a zero front yard setback. The vote was as follows: Mr. Page, yes; Ms. Newell, yes; Mr. Todoran, yes; and Mr. Cotter, yes. (Approved 4 — 0.) Motion #3 and Vote Sean Cotter made a motion, seconded by Victoria Newell, to approve this Variance application to Code Section 153.071(B)(4)(b) to permit a 92 percent lot coverage. The vote was as follows: Mr. Page, yes; Mr. Todoran, yes; Ms. Newell, yes; and Mr. Cotter, yes. (Approved 4 — 0.) Motion #4 and Vote Sean Cotter made a motion, seconded by Brett Page, to approve this Variance application to Code Section 153.133(B), to permit relief from the interior landscape requirements for the parking lot. The vote was as follows: Mr. Todoran, yes; Ms. Newell, yes; Mr. Page, yes; and Mr. Cotter, yes. (Approved 4 — 0.) The Architectural Review Board took the following action at this meeting: 1. Oscar's Restaurant 84 & 72 North High Street 09- 002ARB Building Modification Proposal: A 1,038- square -foot building addition to an existing building located at 84 North High Street that will encroach onto the property at 72 North High Street. The 0.34- and 0.18 -acre sites are located at the northeast intersection of North High and North Streets within the Historic District. Request: Review and approval of building modifications under the provisions of the Historic Dublin Design Guidelines. Applicant: Jack J. Eggspuehler; represented by Linda Campisano, Aero Safe Group. Planning Contact: Jennifer M. Rauch, AICP, Planner II Contact Information: (614) 410 -4690, jrauch @dublin.oh.us MOTION: Carl Karrer made a motion, seconded by Denise Franz King, to approve this application because it meets the Historic Dublin Design Guidelines and the requirements of the Zoning Code with the following nine conditions: 1. The applicant rezone the properties at 84 and 72 North High Street, and 20 North Street to HB, Historic Business District, as soon as is reasonably feasible; 2. The applicant gain approval of right -of -way encroachment from Engineering and City Council to permit the patio to remain in the High Street right -of -way, prior to obtaining a building permit; 3. The applicant obtain a parking variance to accommodate the variety of uses provided on site and account for the additional building square footage, prior to obtaining a building permit; 4. The proposed deck area north of existing patio be eliminated and the existing planting area and stone wall be retained; 5. The proposed deck material located south of the existing patio and the existing brick pavers located along the sidewalk in front of 72 North High be replaced with the larger stone pavers to match the existing patio area and minimize construction impacts on the existing tree located in front of 72 North High; Page 1 of 2 ARCHITECTURAL REVIEW BOARD BOARD ORDER CITY OF DUBLIN. Land Use and NOVEMBER 17, 2009 Long Rang. Manning 5800 Shier -Rings Road Dublin, Ohio 43016 -1236 Phone{ TDD: 614 -410 -4600 Fax: 614 -410 -4747 Web Site: www.dublin.oh.us The Architectural Review Board took the following action at this meeting: 1. Oscar's Restaurant 84 & 72 North High Street 09- 002ARB Building Modification Proposal: A 1,038- square -foot building addition to an existing building located at 84 North High Street that will encroach onto the property at 72 North High Street. The 0.34- and 0.18 -acre sites are located at the northeast intersection of North High and North Streets within the Historic District. Request: Review and approval of building modifications under the provisions of the Historic Dublin Design Guidelines. Applicant: Jack J. Eggspuehler; represented by Linda Campisano, Aero Safe Group. Planning Contact: Jennifer M. Rauch, AICP, Planner II Contact Information: (614) 410 -4690, jrauch @dublin.oh.us MOTION: Carl Karrer made a motion, seconded by Denise Franz King, to approve this application because it meets the Historic Dublin Design Guidelines and the requirements of the Zoning Code with the following nine conditions: 1. The applicant rezone the properties at 84 and 72 North High Street, and 20 North Street to HB, Historic Business District, as soon as is reasonably feasible; 2. The applicant gain approval of right -of -way encroachment from Engineering and City Council to permit the patio to remain in the High Street right -of -way, prior to obtaining a building permit; 3. The applicant obtain a parking variance to accommodate the variety of uses provided on site and account for the additional building square footage, prior to obtaining a building permit; 4. The proposed deck area north of existing patio be eliminated and the existing planting area and stone wall be retained; 5. The proposed deck material located south of the existing patio and the existing brick pavers located along the sidewalk in front of 72 North High be replaced with the larger stone pavers to match the existing patio area and minimize construction impacts on the existing tree located in front of 72 North High; Page 1 of 2 ARCHITECTURAL REVIEW BOARD BOARD ORDER NOVEMBER 17, 2009 1. Oscar's Restaurant 84 & 72 North High Street 09- 002ARB Building Modification 6. The proposed steps to the new patio area be moved west along the walkway to and the extent of the proposed patio area be limited to a smaller area to minimize impacts to the existing trees, subject to Planning approval; 7. The existing bike racks be appropriately relocated on the site, subject to Planning approval; 8. Planning confirm with the appropriate authority that the proposed HB, Historic Business District zoning will not create a violation with the construction of a building across property lines; and 9. The applicant submit a rendering showing the view of the fire wall on the north end of 72 North High Street, as seen from North and North High Streets, in a timely fashion and subject to approval by Planning. If Planning approval is not given, the issue shall return to the Architectural Review Board. VOTE: 4-0. RESULT: This application was approved. * Mike Tibbetts and Jack Eggspueler, applicant and owner, agreed to the conditions listed above. RECORDED VOTES: William Souders Absent Tom Currie Yes Robert Schisler Yes Carl Karrer Yes Denise Franz King Yes STAFF CERTIFICATION Je fifer Rauc , AICP Planner II Dublin Architectural Review Board November 17, 2009 — Miflutes Page 4 of 16 1. Oscar's Restaurant 84 & 72 North High Street 09- 002ARB Building Modification Jennifer Rauch presented this request for review and approval of architectural and site modifications that include removing the existing deck and landscaped areas for a 1,038 - square foot addition located between the 84 and 72 North High Street buildings. She said each of the three parcels contain a building with similar architectural features, paint colors, and materials. She described the existing building sizes and locations. Ms. Rauch said the existing landscaped area is proposed to be removed to account for the addition and to accommodate newly proposed deck and patio area. She said the applicant proposes to provide two new wood deck areas. Ms. Rauch said Planning recommends the existing northern landscape area remain to continue the existing park -like feel, and the southern deck incorporate the stone tile detail on the existing patio to provide continuity between the spaces. She said the new outdoor area will be enclosed with a wrought iron fence, similar to what exists. Ms. Rauch said the changes for 72 North High Street include the addition of an outdoor area for MJ Candy patrons. She said steps are proposed from the wood deck area down into the patio. She said Planning recommends the entrance proposed for the new outdoor area be shifted northwest to avoid existing trees, and the expanse of the patio be limited to minimize the impact to the existing trees. Ms. Rauch said Planning recommends the bike racks located adjacent to the existing 84 N. High Street patio, be relocated appropriately onsite. Ms. Rauch reported there were zoning requirement issues related to the setbacks, lot coverage and use of the patio, which Planning recommends be addressed through a condition to rezone the site to allow for zero lot line setbacks and lot coverage exceeding 80 percent to be approved by the Board. She pointed out the existing patio encroaches into the High Street right -of -way which requires separate approval, a rezoning and a right -of -way encroachment to allow it to continue. Ms. Rauch said an existing rear parking lot serves all three of the buildings, and Planning recommends the applicant pursue a parking variance to address the additional parking required as a part of the addition. Ms. Rauch said the addition will mimic the architectural details of the northernmost portion of the building with the cross gable and box -bay window. She said the applicant also proposes to remove the existing entrance door and replace it with a window. She said the entrance door will be relocated to the south and a portion of the existing wrought iron fence will be centered in front of the existing picture window. Ms. Rauch said the new addition will incorporate the same colors, materials, and design as the existing building. She said the same architectural details are proposed on the rear of the building with arched windows, two- stories, and a cross -gable design to match the existing building. Ms. Rauch said Planning believes that the scale and massing of the building are met with this addition and are appropriate, and therefore recommends approval with the seven conditions listed in the Planning Report. 09 -105Z Rezoning Oscar's 72 & 84 N. High Street., 20 North Street Dublin Architectural Review Board November 17, 2009 — Minutes Page 5 of 16 Robert Schisler pointed out that the Board had received two elevations, and asked which they were to review. Eugenia Martin clarified that the Board was to review Sheet 3, revised September 17, 2009. Mr. Schisler clarified that the same property owned all three buildings on separate parcels. Ms. Rauch described each parcel. Mr. Schisler noted that one building crossed the property line and asked if those two lots were combined. Ms. Rauch explained the three buildings were on three separate parcels. She said Planning recommends the three lots be rezoned to HB, Historical Business District, to allow a zero front yard, side yard, and modified rear yard setbacks based on their location. Ms. Rauch said the applicant has been working with the Building Department to resolve any potential Building Code issues. She said from a zoning perspective, a rezoning of these three parcels would resolve those issues. Eugenia Martin confirmed that if there was a question of a building crossing property lines, it was a common situation in the Historic District. She said 6 through 12 South High Street, Donatos and the Barber Shop, was a good example where there were two different parcels and the building crosses over the property line. She said a similar situation exists with this proposal. Ms. Rauch reiterated the Zoning Code does not state a building has to end at the lot line, a building could cross the property line. She explained further that there is no requirement that the building has to be built to only the property line, just that there is no side yard setback. Mr. Schisler said they were going beyond the property lot line into the neighbor's lot and he did not understand that. Ms. King explained that a neighbor was not involved because one person owned all three lots. Tom Currie asked what the ARB's role would be if one parcel was sold and they had approved a building crossing the property line. Ms. Martin said the property owner purchasing the land would have agreements understanding the building crosses over the southern property line. Mr. Schisler said his preliminary comment for the design, immaterial of the architecture itself, is the proposal adds to the lot coverage which already exceeds 80 percent. He said it should not be increased because the proposal would take away the character and the openness in the area. Ms. Rauch said even if the applicant rezones to HB, it will be non - conforming in terms of the lot size, it being too small. She reiterated the parcels are owned by the same person and has agreed to allow this building to extend over the property line. Ms. Rauch said from a zoning perspective, the Code does not prohibit this, because it allows a side yard setback of zero. She said the Code also allows the Board to approve increased lot coverage. Carl Karrer said there should be a variance request to allow the structure to crncc the. nrnninfv line. 09 -105Z Rezoning Oscar's 72 & 84 N. High Street., 20 North Street Dublin Architectural Review Board November 17, 2009 — Miautes Page 6 of 16 Ms. Rauch said if the property is rezoned, the applicant does not have to request a variance to cross the property line. She explained further that if it is zoned HB, then the side yard setback is zero, meaning there is no side yard setback. Mr. Karrer said he thought Mr. Schisler's observation was accurate that a zero setback may cause issues in the future with a building crossing the property line, but it is also beyond the domain of the Board. He suggested that the Board refer the issue to the Planning and Zoning Commission or Board of Zoning Appeals to get the appropriate approval. Ms. Rauch confirmed that was the intent. Mr. Schisler said it would become a Building Code issue, because once the building extended across the property line, the building behind it has openings and the Fire Marshal will need to get involved as it is not one building. He said he understood there would be a firewall, but that would be a major aesthetic issue in how is the building are combined. He said it could change the elevation and architecture. Ms. Martin reported that the applicant has been working closely with the Building Department and Commercial Plans Examiner through the zoning process. She pointed out that the application was submitted early this year, so everyone has been working extensively to make sure that all the issues are addressed so that it would not alter the exterior elevation. Jack Eggspuehler, applicant/owner of the three properties, said that after many years, Oscar's needs to have something done to freshen up the building. He said combined buildings was in keeping with what was done with Bridge Street. Mr. Eggspuehler agreed with the seven conditions as listed in the Planning Report. Mike Tibbetts, the operator of the restaurant, agreed that the restaurant needed a facelift. He said they began this process in January, hoping to begin the construction over the winter and have the construction before the patio season, which is critical for the operation. Mr. Tibbetts said should they be forced to be closed for construction into the spring and summer, it would probably serve to effectively end this plan, at least for the year. Mr. Schisler said the proposed front elevations aesthetically looked nice, but he was concerned the large firewall would have to extend above the roof and stand out when looking into the site from the southwest into the site. He said he would like to see how that is being treated. Mr. Tibbetts said they worked with the Fire Department and Ray Harpham extensively. Ms. Rauch noted an existing firewall on the site at the end of the north elevation of 72 North High Street. Mr. Tibbetts said the fire barrier proposed on the 84 North High Street building would similarly match. Mr. Schisler pointed out that a firewall had to be higher than the highest roof. Ms. King said her only concern was about this proposal meeting the Dublin Historic Design Guidelines. She commented that she was thrilled to have a business -- I'-'- C-- A—t- •vas 09 -105Z Rezoning Oscar's 72 & 84 N. High Street., 20 North Street Dublin Architectural Review Board November 17, 2009 —Minutes Page 7 of 16 doing so well it wants to expand. She said as long as the Guidelines are met and the applicant agrees to the conditions proposed by Planning, she was in favor of the project. Mr. Schisler reiterated that he would like to see what the firewall and the screened electric meters would look between the existing and new buildings. He said if the Fire Marshal did not care about the lot lines and the square footage being exceeded for a Type 5B building, it was not the Board's privy. He said he would like to see the wall disappear and the two buildings just be married together. Mr. Currie noted that the main entrance is shown on the east side of the building. He asked if the ADA accessible access was from the High Street entrance. Mr. Tibbetts said the main entrance at the parking lot and the new front entrance are ADA accessible. Mr. Schisler noted that it was a Building Code issue, but if the plan was drawn to scale, there was an accessibility circulation problem. He suggested that their architect review it. Mr. Schisler asked if the parking requirements for the commercial district were satisfied for the addition. Ms. Rauch said the proposal will require a parking variance, reviewed and approved by the BZA to address the parking for the site. Ms. King asked if there was a way to structure an additional condition so that the concern about the view of the brick wall from the corner of North and North High Streets could be addressed through the landscaping plan, so that the applicant can move forward. Mr. Schisler pointed out that if the Fire Marshal requires a brick wall, it has to be ten feet from any opening. He said the Board may not be happy with the brick wall after all the Code implications. He said he would like to see it resolved as to what it is going to be, meeting all the Code requirements. Ms. Rauch explained that if something changed on the plan or elevation as a result of the Fire Code or Building Code, the applicant would have to come back to the Board for reapproval. She said the proposal the Board approves tonight is what the applicant is permitted to construct. Mr. Karrer suggested the addition of an eighth condition requesting Planning confirm with the appropriate authority that the proposed HB, Historic Business District zoning will not create a violation with the construction of a building crossing the property line. Motion and Vote Mr. Karrer made a motion, seconded by Denise Franz King to approve this application because it meets the Historic Dublin Design Guidelines and the requirements of the Zoning Code with the following eight conditions: 1. The applicant rezone the properties at 84 and 72 North High Street, and 20 North Street to HB, Historic Business District, as soon as is reasonably feasible; 09 -105Z Rezoning Oscar's 72 & 84 N. High Street., 20 North Street Dublin Architectural Review Board November 17, 2009 — Minutes Page 8 of 16 2. The applicant gain approval of right -of -way encroachment from Engineering and City Council to permit the patio to remain in the High Street right -of -way, prior to obtaining a building permit; 3. The applicant obtain a parking variance to accommodate the variety of uses provided on site and account for the additional building square footage, prior to obtaining a building permit; 4. The proposed deck area north of existing patio be eliminated and the existing planting area and stone wall be retained; 5. The proposed deck material located south of the existing patio and the existing brick pavers located along the sidewalk in front of 72 North High be replaced with the larger stone pavers to match the existing patio area and minimize construction impacts on the existing tree located in front of 72 North High; 6. The proposed steps to the new patio area be moved west along the walkway to and the extent of the proposed patio area be limited to a smaller area to minimize impacts to the existing trees, subject to Planning approval; 7. The existing bike racks be appropriately relocated on the site, subject to Planning approval; and 8. Planning confirm with the appropriate authority that the proposed HB, Historic Business District zoning will not create a violation with the construction of a building across property lines. Mr. Currie expressed concerns about the overall aesthetic of the proposed firewall located at the north end of the 72 North High Street building and approving a proposal without a detail of this architectural element. Ms. King suggested a ninth condition: 9. "The applicant submits a rendering showing the view of the fire wall on the north end of 72 North High Street, as seen from North and North High Streets, in a timely fashion and subject to approval by Planning. If Planning approval is not given, the issue shall return to the Architectural Review Board." Mr. Karrer amended his motion, adding Condition 9. Ms. King seconded the motion. Mr. Eggspuehler extended kudos to Planning for helping them get this application to this point, which he said was a remarkable task. Mr. Tibbetts said they agreed to the nine conditions. The vote was as follows: Mr. Currie, yes; Mr. Schisler, yes; Ms. King, yes; and Mr. Karrer, yes. (Approved 4 — 0.) 09 -105Z Rezoning Oscar's 72 & 84 N. High Street., 20 North Street BOARD OF ZONING APPEALS BOARD ORDER NOVEMBER 20, 2003 CITY OF DUBLIK BAk 1x16 1nOW 611 - 11"600 Fa 61 1614566 6b 5k waWmAm The Board of Zoning Appeals took the following action at this meeting: 3. Variance 03 -144V — Nathan's — 72 North High Street Location: 0.18 -acre located on the northeast corner' of North High Street and North Street. EiMing Zoning; CB, Central Business District. Request: A variance to Section 153112 to reduce the required number of parking spaces from 31 to zero spaces. Proposed Use: A 2,083- square foot commercial building with a 1,383- square foot restaurant and 700 square feet of office space. Applicant: 72 North High Company, Limited, do Jack Eggspuehler, 20 North Street, Dublin, Ohio 43017; represented by Corey Tacosik, 4448 Hanna Hills Drive, Dublin, Ohio 43016. Staff Contact: Mark Zuppo, Jr., Planner. MOTION: To table this variance due to lack of quorum. Mr. Skillman had a conflict and could not vote on this case. The applicant will be scheduled first on the December 18, 2003 agenda. VOTE: 3-0. RESULT: This variance was tabled RECORDED VOTES: Brent Davis Absent Jeffrey Fer=an Yes G. Lynn McCurdy Yes Ray Harpham Absent Drew Skillman Yes STAFF CERTIFICATION Frank A. Ciarochi Acting Planning Director o9 -IOSZ Rezoning nscaes 72 & 84 N. I Iigh Street, 20 North Shed ARCHITECTURAL REVIEW BOARD BOARD ORDER November 19, 2003 CITY OF DUBLIN- 0lr - of "Mrks SI00S k4rnpW 0^ Ohio 4301f_1236 MowAW. 614410�f00 roc 614 - 1614566 fib Saam The Architectural Review Board took the following action at this meeting: 3. Architectural Review Board 03- 107ARB — Nathan's — 72 North High Street Location: 0.18 -acre located on northeast corner of North High Street and North Street. Eristing Zoning: CB, Central Business District. Request: Review and approval of a five- square foot, post - mounted identification sign and roof - mounted kitchen vents. Proposed Use: A 2,083 - square foot commercial building with a 1,383 - square foot restaurant (conversion from retail) and 700 square feet of office space. Applicant: 72 North High Company, Limited, c% Jack Eggspuehler, 20 North Street, Dublin, Ohio 43017; represented by Corey Tacosik, 4448 Hanna Hills Drive, Dublin, Ohio 43016. Staff Contact: Carson C. Combs, AICP, Senior Planner. MOTION #1: To approve this request with eight conditions: 1) That final details for the proposed ramp be provided prior to the issuance of a building permit, subject to staff approval; 2) That the proposed exhaust siding be painted creme with the cap and trim painted to match the roof, and the air intake painted to match the roof, subject to staff approval; 3) That a building permit from the Division of Building Standards be obtained for the proposed building improvements; 4) That a sign permit be obtained from the Division of Planning prior to installation; 5) That any future lighting for the proposed sign be brought back to the ARB for consideration; 6) That an application for a revised, comprehensive variance for shared parking and a reduction in required parking spaces for 72 North High Street, 84 North High Street, and 20 North Street be submitted to the Board of Zoning Appeals by January 2, 2004; 7) That necessary parking variances be obtained from the Board of Zoning Appeals, or that Code be met; and 8) That hours of operation for the proposed restaurant be restricted to breakfast and lunch hours (no later than 3:00 p.m.). 09 -1052 Rezoning Oscar's 72 & 94 N. t ligh Street, 21) North Street 3. Architectural Review Board 03- 107ARB — Nathan's — 72 North High Street (Continued) *Corey Tacosik agreed to the above conditions. VOTE: 4-0. RESULT: The application was approved. MOTION #2: To request that the City Manager increase traffic enforcement for pedestrian and vehicular safety, and that the Board of Zoning Appeals encourage the applicant to utilize pamphlets and other signage to direct restaurant patrons to designated parking areas. VOTE: 4-0. RESULT: The approved request will be forwarded to the City Manager and the Board of Zoning Appeals. RECORDED VOTES: MOTION #1 Janet Axene Yes Allan Staub Yes Richard Taylor Absent David Larson Yes Thomas Holton Yes MOTION #2 Yes Yes Abxnt Yes Yes STAFF CERTIFICATION Carson C. Combs, AICP Senior Planner ov -tosz Rezoning oseaes 72 & 84 N. 1 ligh Street, 20 North Street ARCHITECTURAL REVIEW BOARD BOARD ORDER November 19, 2003 MY OF DUBLIN- Dlvld�. i1005hierfiwys load 1l^ Ohio 016 -1236 Son/M114-41"M M 61 W The Architectural Review Board took the following action at this meeting: NA Sh: 4. Architectural Review Board 03- 12SARB — Oscar's — 84 North High Street Location: 0.34 -acre located on the east side of North High Street, 80 feet north of North Street. Existing Zoning: CB, Central Business District. Request: Review and approval of exterior modifications that include an 18.2 - square foot expansion to create a front entrance vestibule, the removal of exterior rear entrance steps with a 131.6 -square foot patio expansion, and revised mechanical screening. Proposed Use: A 6,900 -square foot, mixed -use building containing 3,070 square feet of restaurant space, a 1,560- square foot outdoor dining patio, 3,230 square feet of office uses, and a 600 - square foot salon. Applicant: 84 North High Company, LTD., c% Jack Eggspuehler, 20 North Street, Dublin, Ohio 43017. Staff Contact: Carson C. Combs, AICP, Senior Planner. MOTION: To approve this request for the front vestibule only, with two conditions: 1) That final details for all improvements be provided prior to the issuance of building permits, subject to staff approval; and 2) That a building permit be obtained from the Division of Building Standards prior to construction. *Jack Eggspuehler agreed to the above conditions. VOTE: 4-0. RESULT: The application was approved with the indication from the applicant that all other proposed items will be re- submitted for consideration at a later date. RECORDED VOTES: Janet Axene Yes Allan Staub Yes Richard Taylor Absent David Larson Yes Thomas Holton Yes STAFF CERTIFICATIO Carson C. Combs, AICP Senior Planner - 09 - 10 52 Rezonuig Oscaes 72 & 84 N. I Iigh Street, 20 Norlh Slreel C I T Y O F D U B L I N Deparlmvnl of Planning 8 Darefopmeat ; BOARD ORDER BOARD OT ZONING APPEALS CITY OP DUBLIN, Oslo JAMIARY 23, 1992 S. Variance Application V92 -002 - Irish Pub at 72'North High Street Location An existing building at the northeast corner of North Street and North High Street (72 North High Street) with shared off -site parking on the west side of North Blacksmith Lane to the south of North Street (38 and 40 Aorth High Street). t o CB, Central Busines■ District. Soctuest Variances from the following provisions: 1) To Section 1193.13 to permit a reduction in the required number of new parking spaces from 33 to 15 spaces to support the conversion of an office to tavern restaurant use; 2) To section 1193.04(a) to permit the joint use of parking, for nine additional spaces behind 38 North High Street (total lot of 17 spaces will now be under lease), and for six proposed spaces to be installed behir:d 40 North High Streetf 3) To section 1193.06(x) to permit the installation of six now parking spaces that are gravel, not hard - surfaced, at 40 North High Street: Proposed Use Conversion of 2,050 square foot office structure for use as an Irish pub. Applicant Jack J. Eggepuehler, 20 North High Street, Dublin, OH 43017. NOTION: To approve Variance Application V92 -002 with the - following conditions: 1) Hours of operation to be restricted to 4:00 p.m. and later, Monday - Friday and 12:00 p.m. and later on Saturday and Sunday; 2) Wheel stops to be placed in the lot at 38 North High to maximize number of parking spaces and identity each parking space; 3) Outdoor seating to be prohibited•unlos■ prior approval by both ARB and BZA; 4) Lighting to be installed in parking lot at 38 North High. Lighting to be installed by the opening date and to meet Dublin lighting guidelines; 5) Existing light at Oscar's to be redirected with staff's approval; 6) Existing light at Oscar's to be replaced by December 18, 1994, with cutoff . fixture to meet Dublin lighting guidelines; and 7) The large tree behind 40'N. High Street to be protected during construction and preserved thereafter. RESULT: Approved VOTE: 4 -0 Motion to approve V92 -062 BOARD MEMBER VOTE John Belton Yes Signature of Staff Heaber in John Ferrara you attendance, certifying that Frank T. Pandora II Yee outcome of this case was as Becky Saylor Yes re rted above. Peter 7awaly Absent ql_ r ara M. C ar a Da e Zoning Adainistrator 5131 Post Ad Suite a 102 Dublin, Ohio 43017 6 1 4. 761.6 5 53 09 -1052 Rezoning Oscar's 72 & 84 N. If igh Street, 20 North S(reel W '� C I T Y O F D U B L I N De)ra/lment of pleeniar A Derflopmeal BOARD ORDER ARCH CTURAL REVIEW BOARD CITY OF DUBLIN, OHIO DECDIBER 18, 1991 Tabled Case: Application ARB91 -017 - Irish Pub - 72 North High Street Location: Existing office building located on the northmst corner of North High Street and North Street. Existing Zoning: CB, .Ceat.*al Business District Request: Conversion of office. space to a tavern - Recommendation to the Board of Zoning Appeals for parking variance. Proposed Use: Irish Tavern Applicant: J.J. Eggspuehler eJo T.E. Caplinger RESULTS: Recommended to the Board of VOTE: S-0 Zoning Appeals (BZA) CWMITIONS: 1.) Hours of operation to be restricted to 4:00 p.m, and later, Monday - Friday and 12:00 p.m. and later on Saturday and Sunday. 2.) If lot at 40 N. High is not paved, ARB is supportive of surface variance. 3.) 1Vheel stop$ be placed in the lot at 38 North High to maximize number of parking spaces and. identify each parking space. 4.) Outdoor seating be prohibited unless prior approval by.both ARB and BZA, S.) Lighting to be installed in parking lot at 38 Nodi High. Lighting to be installed by the opening date and to meet Dublin lighting guidelines. 6.) Existing light at Oscar's to be redirected with Staffs approval. 7.) Existing light at Oscar's to be replaced by December 18 1994, atith cutoff fixture to meat Dublin lighting guidelines. Gerald DeGrazia _ Yes Signature of Staff Member Thomas KdIett Yes in attendancg,certifying Lowell Mast Yes that the outcome of this Bill Miller Yes case was as reported above. Donna Schenk Yes 64 R Name .. Date 09 -105Z Rezoning Oscar's 72 & 84 N. t sigh Street, 20 Nordi Street C I T Y O F D U B L I N Department of Planning i Development BOARD ORDER ARCHITECTURAL REVIEW BOARD CITY OF DUBLIN, OHIO AUGUST 28, 1991 Application ARB91 -017 -'72 North High Street Location: Existing office building , located on the southeast corner of North High Street and North Street. Existing Zoning: CB, Central Business District Request: Conversion of office space to a tavern - Recommendation to the Board of Zoning Appeals for parking variance. Proposed Use: Irish Tavern . Applicant: J.J. Eggspuehler c/o T.E. Caplinger RZSULTS: CONDITIONS: Tabled until next meeting. VOTE: 4 -0 Applicant to reach joint parking agreement with nearby property owner(s). Gerald DeGrazia Thomas Kellet Lowell Mast Bill Miller Donna Schenk Yes Yes Yes Yes Absent Signature of Staff Member in attendance,certifying that the outcome of this case was as reported above. Name Ra Wte J 5131 Posl Rd. Suite #102 Dublin, Ohio 43017 614.761.6553 FAX 761.6566 09 -105Z Rezoning Oscfes 72 do 84 N. I ligh Street, 211 Nordi Street C I T Y O F D Department of Planning 6 Development BOARD ORDER 1 of 3 ARCHITECTURAL REVIEW BOARD CITY OF DUBLIN, OHIO AUGUST 28, 1991 Application ARB91- 020 - Oscar's - 84 North High Street Locations: Existing restaurant /bar located on the east side of North High Street, approximately 100 feet north of North Street. Exisiting Zoning: CB, Central Business District Request: Approval of patio fencing and gate, exterior carpeting, and awning signage. Proposed Use.: Restaurant /Bar Applicant: Brad Eggspuehler Fencing - Approved as submitted by the applicant CONDITIONS: Gerald DeGrazia Thomas Kellet Lowell Mast Bill Miller Donna Schenk 5131 Post Rd. Suite 0102 Signature of Staff Member in attendance,certifying that the outcome of this case was as reported above. 1jA'.'4 41 Dublin. Ohio 43017 614.761.6553 FAX 761.6566 09 -1052 Rezotwig nscat's 72 & 84 N. I ligh Street, 20 North Street e►# �''a C I T Y O F D U B L I N Department of Planning ti Development BOARD ORDER 2 of 3 ARCHITECTURAL REVIEW BOARD CITY OF DUBLINI OHIO AUGUST 28, iS -i Application A319L- 020 - Oscar - 84 North 1;igh Street Locations: Existing restaurant/bar located on the east side of North High Street, approximately 100 feet north of North Street. Exisiting Zoning: CB, Central Business District Request: Approval of patio fencing and gate, exterior carpeting, and awning signage. Proposed Use: Restaurant /Bar Applicant: Brad E3gspuehler RESULTS: Canopy sign approved VOTE: 4 - 0 CONDITIONS: 1. Color to be Sunbrela 14603 Jockey Red. 2. White lettering "Oscar's" on canopy to match these on ground sign in front. 3• Existing rear entrance sign to be removed when canopy sign is installed. BOARD MEMBER VOTE: Gerald DeGrazi$ Yes Signature of Staff Member Thomas Kel-let Yes in attendance,certifying Lowell Mast Bill Miller Yes that the outcome of this Donna Schenk Yes case was as "reported above. Absent -. _ Name d t 5131 Pool R0. Suite 0102 Dubl,n. Ohio 43017 614 .76 1- 6553 F A X 7 6 1. 6 5 6 6 09 -105Z Rezoning Oscar's 72 & 84 N. I ligh Strut, 20 North Sinx:t f r te• C I T Y O F D U B L I N Department of Planning d Development BOARD ORDER 3 of 3 ARCRITECTURAL REVIEW BOARD CITY OF DUBLIN, OHIO AUGUST 28, 1991 Application ARB91- 020 - Oscar's - 04 North High Street Locations: Existing restaurant /bar located on the east side of North High Street, approximately 100 feet north of North Street, Exisiting Zoning: CB, Central Business District Request: Approval of patio fencing and gate, exterior carpeting, and awning signage. Proposed Use: Restaurant /Bar Applicant: Brad Eggspuehler RESULTD: Carpeting- Applicant to work with VOTE: 4 -0 Staff regarding covering for walkway CONDITIONS: i BOARD.MEMBER:; Gerald DeGrazia Yes Signature of Staff Member Thomas Kellet Yes in attendance,certifying Lowell Mast Yes that the outcome of this Bill Miller Yes case was as reported above. Donna Schenk Absent N me Date 5131 Post Ad. Suite #102 Dublin, Ohio 43017 6 14. 7 6 1 6 5 5 3 FAX 7 6 1 6566 09 -105Z Rezoning Oscar's 72 & 84 N. I ligh Street, 20 North Street r� C I T Y O F D U B L I N Department o! Planning a Development BOARD ORDER BOARD OF ZONING APPEALS QTY OF DUBLIN, OHIO JULY 27, 1989 1. Variance Application v89 -011 - 84 N. High Street (amended applicaticn, tabled May 25, 1989) Location: 100± feet north of the northeast corner of North High Street and North Street. Existing Zoning: CB, Central Business District and Architectural Review District. Request: Removal of condition prohibiting outdoor service at patio /deck area adjacent to Oscar's Deli as required by Variance V87 -028. Applicant: Jack J. Eggspuehler RESULTS: Approved CONDITIONS: None Bill Chambers Charles Kranstuber Frank T. Pandora II Richard Rauh Becky Saylor VOTE: 4 -0 yes Signature of STAFF MEMBER in yes attendance, certifying that the yes outcome of this case was as absent reported above: yes Name f Date 5131 Post Rd Suite #105 Oublo. Ohio. 43017 614 7 6 1 6553 09 -105Z Rezoning Oscars 72 8c 84 N. I ligh Strrvl, 20 Norlh Slreel C I T Y O F D U B L I N Department of Manning 3 Development MINUTES OF MEMING DUBLIN BOARD OF ZONING APPEALS MAY 25, 1989 Present at the meeting were Chairperson, Ms. Saylor; Board members, Mr. Pandora and Mr. Kranstuber; and Staff members, Ms. Kurtz and Ms. Clarke. 3. Variance Application V89 -011 - 84 N. High Street (amended application) Ms. Kurtz presented slides of the site, background information as outlined in the Staff P.eoort dated May 25, 1989, and the following information: -The proposal is for outdoor service to the patio at 84 N. High Street which will seat up to 100 patrons. Seating for approximately 55 or 60 patrons exists presently. In 1987, the Board of Zoning Appeals granted a Variance for the number of parking spaces necessary for t&. -A 1,950 s.f. patio area from 39 to zero, based on the fact that it will be a public park area, with the following conditions: "outdoor service to the seating area will not be permitted by operators of the delicatessen or by any other persons; the area to remain as park -like as proposed continually; and the area to be made as accessible to the public as possible." -In its review of Mr. Eggspuehler's request for service to the outdoor seating area, Staff could not identify any substantive re&"n to limit outdoor service to the area, although the lighting and desi-;n of the rear staircase from the deck to the parking lot should be evaluated for safety. -Ms: Kurtz explained that patrons are currently able to purchase food and beverages from the Deli and can take them outside to the patio /deck area. -Staff is recommending approval with the following conditions: 1) The park /patio area to remain accessible to non- patrons of Oscar's Deli at all times; 2) That a landscape plan for the park /patio area be prepared for review by the Landscape Planner; 3) That the outdoor service be in compliance with requirements of the State Liquor Control Board's permit requirements should a liquor permit be issued for Oscar's Deli; 4) That in consideration of the residential properties which abut the site, noise and music associated with the outdoor serving area to be kept to a reasonable intensity. Mr. Jack Eggspuehler, the applicant, stated his agreement with the conditions as listed in the Staff Report, and he presented the following information: -He expressed concern about previous problems with bees in the patio area during warmer months and feels a full -time attendant is needed to keep the 5131 Post Rd Suite M 105 Oublin. Ohio 43017 6 14 76 1. 6 5 5 3 09 -1052 Rezonntg Oscar's 72 & 84 N. I Iigh Street, 211 Nordi Street