Ordinance 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
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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
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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
$0
NO
COMMERCIAL
1
Fireplaces 0
Stories 0
Disclaimer The Information on this web site is prepared for the real property inventory wlthln this county. Users of this dais are noted that the public
primary information source should be consulted for verification of the information contained on this site. The county and vendors assume no
legal responsibilities for the information contained on this site. Meese notify the Franklin County Auditors Real Estate Division of any
discrepancies.
09- 105ARB — 84 North High Street ' Craig Barnum 84 High Co Ltd
Oscars 84 North High Street 84 N High Street
Dublin, OH 43017 Dublin, OH 43017
• Jack & Joan Eggspuehler William E Sloan Rivers Edge Two
20 North Street 40 North Street 94 N High Street
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Columbus Metro Library Bd of Trs 72 High Company Ltd Coffinan Company Ltd
75 N High Street 72 North High Street 53 North Riverview Street
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
25 North Company Ltd Blarney Brothers 37 Darby Co Ltd
58 North High Street 53 North High Street 37 Darby Street
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Sonksen Properties 25 North Company, Ltd. Craig & Melissa Sonksen
45 North High Street 20 North Street 35 Darby Street
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Property Owner Thelma Hill Coffinan Company Ltd
37 North Riverview Street 35 North High Street 27 North Riverview Street
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Guy Investment Co John and Michelle Bush
28 North High Street 36 North High Street
Dublin, OH 43017 Dublin, OH 43017
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cmodeg a Legacy
The Planning and Zoning Commission took the following action at this meeting:
5. Oscar's 72 and S4 North High Street and 20 North Street
09 -105Z Remning
Proposal: Rezone three parcels totaling 0.67 acre from CB, Central Business
District to H$ 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
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09 -105Z
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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