HomeMy WebLinkAbout046-86 Ordinance
. - RECORD OF ORDINANCES 0 ~ ~
National Graphics Corp., Cols., O. Form Ho. 2806-A
Ordinance No.--- 46--86_------- Passed- - - - - - --19----- -
AN ORDINANCE PROVIDING FOR THE RE-
ZONING OF 0.8 ACRES LOCATED ON THE
WEST SIDE OF DARBY STREET APPROXI-
MATELY 200 FEET NORTH OF BRIDGE
STREET. TO BE REZONED FROM: R-2,
LIMITED SUBURBAN RESIDENTIAL DISTRICT
T0: CB, CENTRAL BUSINESS DISTRICT.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin,
State of Ohio, 6 of the elected members concurring:
Section 1. That the following described real estate (see attached
legal description marked Exhibit "A"), situated in the Village of
Dublin, State of Ohio, is hereby rezoned to CB, CENTRAL BUSINESS
DISTRICT and shall be subject to regulations and procedures contained
in Ordinance No. 21-70 (Chapter Eleven of the Codified Ordinances)
the Village of Dublin Zoning Code and amendments thereto.
Section 2. That application, Exhibit "B", including the list of
contiguous property owners, and the recommendation of the Planning
and Zoning Commission Exhibit "C", are all incorporated in to 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 this 19th day of January , 198A.~
~~/~i
Mayor - Presiding Officer
Attest:
Clerk of Cou cil
1 hereby certify that copies of this Ordinance/Resolution
were posted in the ct Dub!in in accordance with
Section 731.25 cf i~._ is_ii Gycde~.
Clerk of Council
~~GG~~U/~
6665 Coffman Road
Dublin, Ohio 4301 7
NOTICE OF PUBLIC HEARING
There will be a Public Hearing on August 18, 1986 at 7:30 P.M. in the Dublin
Municipal Building, 6665 Coffman Road, Dublin, Ohio on Ordinance No. 46-86
for the rezoning of 0.8 acre on the west side of Darby Street, approximately
200 feet north of Bridge Street.
Rezoning Application - Z86-008
Location: 0.8± acre located on the west side of Darby Street approximately 200
feet north of Bridge Street.
Existing Zoning: R-2, Limited Suburban Residential District.
Request: CB, Central Business District.
Proposed Use: Food broker.
Applicant: Mr. Verle Neer.
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8/6/86
VILLAGE OF DUBLIN PLANNING ANDZ,ONING COMMISSION
AN APPLICATION FOR AMENDMENT For P & ZC Use Only
OF' THE VILLAGE OF DUBLIN Application No. :
I ONING DISTRICT MAP ~I z~ _cb8
(Reclassification of Land) Date Filed: 5 -2 -86
Fee Receipt No. 5a°°
Received by; ~y
Please type or print information - Use additional sheets as necessary
1'O THE HONORABLE PLANNING AND ZONING COMMISSION:
The Applicant, Verle Neer
Bein the owner s /Purchaser frpom p0hi~ State. Bank
g ( /lessee (s) of ro ert located within the area proposed for
reclassification of land/special use or development, requests that the following
described land to be placed in the CB/~ _ Zoning District (s)/
Special District (s).
A. DESCRIPTION OF LAND TO BE RECLASSIFIED
1. General Description of Land (describe by one of the following: )
a. Lot(s)/ Reserve (s) Approximately 0.7 Acres
- o f
being the Washington Township Trustees property less 24x207 fe
off the South thereof, _ '
a recorded plat, with an area of 0.7 Acres/ Square feet.
b. Beginning at a point along located at 38 Darby Street
(street or other)
and being feetin a N S E W (circl
direction from the
(specify) of
(street or other), and thence having a dimension of
from the
(specify) of
(street or other}, and having an area of
c. The tract of land containirrg 1?cres and bounded by:
_~_(specify) oir the N S E W (circle)
----_~___(specity) on the IV S E W (circle)
_ (specify) on the N S E W (circle)
_(spe;,ify) on the: N W E W (circle)
d. Attached legal description: YES
NO
Page 1 of 3
Page 2 of ZM
Map of proposed Zoning District boundaries:
T~vo (2) copies of map accurately drawn to an appropriate scale (to fill a sheet
of not less than 8- 1 /2 x 11 inches and not more than 16 x 20 inches). The map
shall be identified and submitted in addition to the General Description of Land.
Tlie map shall include all land in the proposed change and all land v~~ithin five
hundred (500) feet beyond the limits of the proposed change.
To be shown on the map -all property lines, street right of way, easements and
other information related to the location of the proposed boundaries and shall
be fully dimensioned.
The map shall show the existing and proposed Zoning District or Special District
Boundaries.
List all owners of property within and contiguous to and directly across the street
from such area proposed to be rezoned. The addresses of the owners shall be those
appearing on the County Auditor's current tax list or the Treasurer's mailing list.
NAME ADDRESS
R. C. Smith 32 W. Bridge St., Dublin, OH
Ohio State Bank 50 W. Bridge St.,_Dublin, OH
Washington Local Board of Ed. 62 GJ. Bridge St., Dublin, OH
Independent Order of Odd Fellows 37 Darby St., Dublin ~.OH
Village of Dublin.
Lowell R. Mast 6759 Avery Rd., Dublin, OH
Carl F. Hill 35 N. High, Dublin, OH
Paul A. Gelpi, Trustee 38 V7. Bridge St., Dublin, OH
Pure Oil Co. 20 W. Bridge St., Dublin, OH
Thelma L. Hill ~5 N ~-jj~h, Dublin, OH
B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND,
1. Proposed Use or Development of the Land: Office for food
broker, with price marking equipment and repair.
PLANNED DEVELOPMENT ZONING DISTRICTS and SPECIA_L_
DISTRICTS submission of three (3) copies of a Development
Plan and other documents and two (2) copies shall be retained
as a permanent public record if approved.
For other Zoning Districts, such plans or other exhibits •,~~ould be
helpful to the review of this application.
Plans and Exhibits submitted:
Plot Plan Building Plan ;Development Plan ;Sketch ;
Photographs ;Other (specify)
2. State briefly how the proposed zoning and development relates to the
existing and probable future land use character of the vicinity.
_ The existing structures on the pr_oPerty are precisely suited for
Applicant's business needs. Being~ituated between tha pdd FPllnw~ of
Dublin and Ohio State Bank, the property has a best use of commercial
Page 2 of 3 pages
Page 3 of ZM
3. Has an application for rezoning of the property been denied by the Village
Council within the last two (7.) years? YES NO. X
if Yes, state the basis of reconsideration.
C. AFFIDAVIT
Before completing this application and executing the following affidavit,
it is recommended that this application be discussed with the Building Inspector
to insure completeness and accuracy.
APPLICANT'S AFFIDAVIT
STATE OF OHIO
COUNTY OF FRANKLIN,
I (WE) Verle PJeer
being duly sworn, depose and say that I am/we are th pur~lc~iase~//lessee (s) of
land included in the application and that the foregoing statement herein con-
tained and attached, and information or attached exhibits thoroughly to the
best of my/our ability present the arguments in behalf of the application here-
«~ith submitted and that the statements and attached exhibits above referred
to are in all respects true and correct to the best or my/our knowledge and belief.
(signature)
~ ~ ~ ~~t
(mail ng address) ~~r ~
Phone:
Subscribed and sworn to before me this day of /~'1~ 19
~i~ ~"r.,
1 ~ ~
- Notary ublic
Person to be contacted for details, if other than above signatory:
James J. Marlin, Jr., Attorney 3184 W. Broad St., Cols. 276-1650
(name) (address) (telephone)
--------------------------------DO•NOT WRITE BELOW THIS LINE------____-•
D, RECORD OF ACTION
1 , Withdrawn Held to
(date) (date)
2. P & ZC: Date of Hearing
Approvedo ;Disapproved Modified
3. Village Council: Date of Hearing
Approved ;Disapproved Modified
Page 3 of 3 pages
60,~~D OF EDUCATIC?'~ : ~V~~SNING70r~ ~oCAI S::~IOOL
DlSTQ1CT,' F2ANKl-1~1 COUNTY, OHIO ~
OP_IG. 16.15 AC. ' D. 3. 20Co~~ P, 232
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THE INDEPENDENT
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OizDE2 OF ODD FELLOWS J
0 60ARD OF TRUSTEES ~ Qm
p OF WASHINGTO?J OF DUBLIN, DUBLIN~OHIO J~
t!j TOWNSN I P, DUEL IN, ON 10~ O. 322 AC. -
O m 0.322 AC• D. 2(084, ~ P. 108 M o
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r _o BOA2D OF T2USTEES OF WASHINGTON _
Z TOWNSHIP, WASNINC,TON TOWNSHIP, ~
FQANKLIN COUNT OHIO
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THE OHIO TATS BANK HENRY E. PATES ~ O
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Su~vEYf .oF 0.800 Ac. IN V. M. S. 2542, Dul3~~IN, OI~I~
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~XiIIBIT A i~ l 9 U A ~ 6
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PARCEL I
Situated in the County of Franklin, State of Ohio and in the Village of Dublin
and bounded and described as follows:
Dcing port of Sucvcy No. 25~~2, VirgLnln N[Lltary Lnndn, Wino I,c(n~, n part. of tlic camel -
trect of 18,15 Acrc, more or ices, of land (County AuJltore Parcel No, 1 in tl~e VLlloRle
o'f Dublin) conveyed to L11111am P. Varga by Luella C, Taylor and Forest C, Taylor in a
deed doted »nreh 15, 1951, recorded to Deed Dook 2027, page 6411, Recorder's Office,
Franklin County, Olilo.
Also being n port of n more recent convcynncc, by Flilliam P. Varga and Kathryn S
Varga to Donrd o[ Educntlo~t: Waeltington Local School District, Franklin County, Ohio
In a decd dated October 11, 1957, recorded in Deed Book 2061, page 232, Recorder's
Office, Fronklin County, Ohlo,
Thle convcynncc beinb more particularly described ae follows:
Bc(;inning Cor a point oC rc(crcncc nt a tacked hub (called for Iron p1n) at the
intersection o[ the northerly line of a 16,50 foot Alley (running cost end west on th
north side of O1J school lot) and tl~c westerly line of n.20 foot Alley (running north
and south on the west aide of Old school lot).
Thence Crom the beginning polo[ of reference S. 7 deg. 46' 40" E. along the vicetur-
ly line of said 20 foot Alley foz a dfetencc of 456 feet (passing Iron Pine at 189.5
fret, 239.5 feet and 356.0 tee[) co nn Iron Pln, tlic moat easterly soutlicns[ corner o
a 5.665 Acrc Reserve tract of land, (a tract Nr, Varga vlel~ed to have rezoned to a
Commercial Class(Clcatlon) oleo the most easterly southeast corner of the 18.15 Acre,
more or less, tract and the true place of beginning for this conveyance,
Thence from tic true place (on iron Pin) of beginning and running veeterly from
the vest line of said 20 foot Alley 5. 82 deg. 13' 20" W. for a distance of 208.76 fe t
to an Iron Pin. Said Iron Pln bears N. 7 Jeg. 22' 20" W. 191.07 Ecct from an Iron Pin
In tlic north line of Bridge S[rect (S.R.p161).
Thcncc with a new line N. 7 deg. 22' 20" u. 100.00 feet to an Iron Pin the north
vest corner of this conveyance.
?Fence with another new line N. 82 deg. 13' 20" E. for a distance of 208.05 feet
[o ar. Iron P!n in the vest line of aforemcntioncd 20 Ic~t Alley
Thrace with the vest line of said 20 (not Alley S. 7 de ~,6' 40" E. Cor n distance
- of 100.0 feet to the true place of beginning containing 0.478 Acres, more or lees.
1~'g9
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s-` GEC I I
"Situated in the State of Ohio, in the County
of Pranklin, and in the Township of Washington: •
• "Being pert of Survey No. 2542, Virr;inia ~4111-
tary Land3, also being a part of tl~e same tract of
18.15 acres, more or less of land (County Auditor's
Parcel No. l in the Village of Dublin) conveyed to
William P. Varga by Lucille C. Taylor and Forest C.
Taylor in a.Deed dated March 15, 1957, recorded in
Deed Book •2023, page 648, Recorder's Office, Franklin
County, Ohio. Also being a part of a more recent
conveyance, by William P. Varga and Kathryn S.
Yarga to Board of Education, Washington Local School
District, Franklin County, Ohio in a Deed dated
"October 11, 1957, recorded in Deed Book 2067,
page 232, Recorder's Office, Pranklin County, Ohio, y
.and being more particularly described as follows:
•Beginning for a point of reference at a tacked hub
(called for iron pin) at the intersection of the
northerly line of a 16.50 foot alley (running east ~ ~
and west on the north aide of old school lot) and
the westerly line of a 20 foot alley (running north ~l;8
and south on the west side of old school lot); V13 ~IT
• thence from the beginning point of reference S. ~ V -
. 7° 46' 40" E. along the westerly line of said 20 e
foot alley for a distance of 221 feet; thence S.
82° 13' 20" W. a distance of 104 feet to an iron f7
pin set at the true place of beginninE of this
description; thence from this true place of begin-
ning S. 7° 46' 40" E. a distance of 135 feet-to wn 3 1+ v
iron pin in the north line of Board of Washington
Township 'Prusteea 0.478 acre tract; thence S. 82°
13' 20" W. a 'distance of 104.05 feet to an iron pin
in the northwest corner of said 0.478 acre tract; thence
N. 7° 22' 20" W. a distance of 135 feet to an iron
pin; thence N. 8~° 13' 20" E. a distance of 103.10
feet to the true place of beginning of this de-
scription containing 0.322 acres more or leas of
land."
Page 2 of 2
JAMES J. MARLIN, JR.
ATTORNEY AT LAW
3194 WEST BROAD STREET
COLUMBUS. OHIO 43204
276-1650
REVNOLDSBURG OFFICE
6415 EAST LIVINGSTON AVENUE November 4, 1986
8648329
Village of Dublin
6665 Coffman Road
Dublin, OH 43017
Attention: Bobbie Clark
Re: 0.7 Acres
Darby Street
Z 86-008
Dear Mrs. Clark:
I have been advised that the Ohio State Bank and
Mr. Gelfi have concluded a written agreement for the use
of an easement to the rear of the gun store realty. If
this is doubted, I can obtain a verification of the agree-
ment although the specifics such as financial data will
not be made public. With that, we would like some final
resolution of this zoning case.
With that in mind, please arrange for this case to
again be placed upon the agenda for the purpose of removal
from the table and final vote.
Thank you for your assistance.
Very truly yours,
I
James J. Marlin, Jr.
Attorney at Law
JJM/jmb
MEMORANDUM
T0: Council Members
FROM: Planning Department
SUBJECT: Ordinance No. 46-86 - Darby Street Rezoning
DATE: January 15, 1987
The rezoning of .8 acres located on Darby Street behind the Ohio State Bank
was heard at public hearing on August 18, 1986. The rezoning case was
subsequently tabled indefinitely to enable staff, applicant and contiguous
property owners to work out an agreement on access. The problem stemmed from
a staff and Commission recommendation that a 24 foot strip be dedicated for
use as an alley for all the contiguous properties. Ohio State Bank, the
owner of the subject property which includes the visible alley, was unwilling
to dedicate any portion of the property for use by anyone other than the Bank
and the party who was purchasing the subject site.
To resolve the situation Ohio State Bank and Mr. Paul Gelpi, owner of the old
Post Office, have reached an agreement that will give the users of the old Post
Office Building access to the rear of their property.
The easement meets the intent of staff recommendation by insuring that access
will be adequate to all three uses in the area and that potential congestion
problems be eliminated. Staff recommends that the rezoning be approved.
fmu
- 60:~2D OF EDUCATICIJ : WAS~~INGTOrJ LOCAL S:.NOOL
DISTeICT.• F~ArJY.LIN COUNTY, OHIO DARBY
O~iG. 16.15 AC. ' D. 6. 20Co1, P. 232 -
ST.
N 82' 13' 20" E 103.13' - lo.a• -
o
• - Y~
' THE INDEPEN7ENT
M OiZDEQ OF ODD FELLOWS
' o g0A OF TRUSTEES - tm
p OF ASHINGTON OF DUBLIN, DUBLIN,ONIO \Q
t!j '1.OWNSN P, DUBLIN, OHIOU O. 322 AC.
Q M 0.322 AC• D. 6. 2G84, • P. 188 M o
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N O ~II~L
~ o BOARD OF T2USTEES OF WASHiNG• N o
Z TOWNSHIP, WASHINGTON TOWNSH P, ~
FQANKLIN COUNT • OHIO
-
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THE OH10 TATS BANK
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p, G13 P. 300 D B.3'~ 3G P. 632 N `n o ~
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