Legislation Details

File #: ORD. 13-027    Version: Name: Use Variance for retail sale of auto parts
Type: Ordinance Status: Adopted
File created: 5/21/2013 In control: City Council
On agenda: 5/28/2013 Final action: 6/24/2013
Title: AN ORDINANCE GRANTING A VARIANCE TO J. FERGUS, INC. AS TO THE PERMITTED USES IN THE ESTABLISHED ZONING DISTRICT FOR THE PROPERTY LOCATED AT 6000 GROVEPORT ROAD, CURRENTLY ZONED COMMUNITY COMMERCIAL ("CC")
Sponsors: Donna Drury
Title
AN ORDINANCE GRANTING A VARIANCE TO J. FERGUS, INC. AS TO THE PERMITTED USES IN THE ESTABLISHED ZONING DISTRICT FOR THE PROPERTY LOCATED AT 6000 GROVEPORT ROAD, CURRENTLY ZONED COMMUNITY COMMERCIAL ("CC")
Body
WHEREAS, pursuant to Section 1193.04(a)(1) of the City of Groveport Zoning Ordinance, Council may grant a variance to the permitted uses in an established zoning district for any parcel located in the City of Groveport, and pursuant to 1193.04(a)(2), may also grant area variances in conjunction with any use variance approved by Council.
 
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GROVEPORT, FRANKLIN COUNTY, OHIO, A MAJORITY OF ITS MEMBERS CONCURRING:
 
Section 1: That applicant, John C. Fergus, II, President of J. Fergus, Inc., is granted a variance as to the permitted uses for the property located at 6000 Groveport Road, currently zoned CC, and as such, the proposed use to allow for the sale of auto parts by Advance Auto Parts, is hereby permitted pursuant to Section 1193.04(a)(1) of the City of Groveport Zoning Ordinance with the following conditions:
 
A.  That access to the property from Groveport Road shall be restricted to a right turn in only approach.
B. That no patron vehicle repair shall be permitted on the subject property and signage advising the same shall be installed.
 
Section 2: That in granting this variance, this Council has determined that said variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City of Groveport.
 
Section 3: That this Ordinance shall take effect and be in full force from and after the earliest period allowed by law.
 
_____________________________
Lance Westcamp, Mayor
 
_____________________________
Kimberly McWilliams, Clerk of Council
Approved as to form:
 
_____________________________
Kevin Shannon, Law Director
 
Recommended Action
This Ordinance needs amended to include the recommendations of the Planning and Zoning Commission. Please refer to underlined language in Section 1.