16-039-V - the City of Columbia

BOARD OF ZONING APPEALS
CASE SUMMARY FOR
VARIANCE REQUEST
2400 Devine Street
August 9, 2016 at 10:00 A.M.
City Council Chambers, 1737 Main Street, 3rd Floor
Columbia, South Carolina
Case Number:
16-039-V
Subject Property:
2400 Devine Street (TMS# 11312-06-01)
Zoning District:
C-2 (Neighborhood Commercial District)
Applicant:
Kirk Commercial Construction, LLC
Property Owner:
B A D LLC
Council District:
3
Summary Prepared:
August 3, 2016
Requested Action:
Applicable Sections
of Zoning Ordinance:
Variance to the parking requirements for a restaurant
§17-258
8 parking spaces per 1,000 sq. ft. of gross floor area required for a
restaurant (SIC 5812)
§17-112
Standard criteria for variances
Case History:
None.
Staff Comments:
The applicant is requesting a variance to the parking requirements for to reestablish a +/5,900 sq. ft. restaurant on the property. Normally, 47 parking spaces are required; the
applicant is requesting a variance to reestablish the restaurant with the existing 14 spaces
instead.
According to our records, this building has been used as a restaurant/bar since at least
1977 and in 1981 was granted a special exception to expand to its current size.
However, the restaurant (formerly Dianne’s on Devine) has been vacant for more than 12
months, and there is no record of an existing parking variance, so in order to reestablish a
restaurant the applicant would need to either find a way to provide parking or seek relief
from the requirements. The applicant has indicated that valet parking will be provided to
the customers of the restaurant.
This property is zoned C-2, neighborhood commercial, as are the properties to the east
and west along Devine Street. The properties to the immediate south are zoned C-1
(Office and Institutional); behind them is the Shandon Neighborhood. The Old Shandon
Neighborhood is to the north, across Devine Street.
I recommend that the Board approve this application, subject to the following
condition:
• Construction and operation to be in substantial conformance with the
application and supporting materials submitted by the applicant.
The above recommendation is based upon the following findings as required within
§17-112 of the Zoning Ordinance:
PAGE 1 OF 2
1. Extraordinary and exceptional conditions exist in that building has been in use as
a restaurant since 1977 and no additional parking can fit on the site.
2. These conditions do not generally apply to other properties in the vicinity as the
surroundings are a mixture of offices, retail, residential, and hospitality uses.
3. Because of these conditions, the application of the zoning ordinance to the
particular piece of property would effectively prohibit or unreasonably restrict
the utilization of the property for a restaurant.
4. Authorizing this variance will not be of substantial detriment to adjacent
property or the public good, and the character of the district will not be harmed,
as the proposed restaurant will provide valet parking as the previous operating
restaurant had for many years.
5. Further, the reasons set forth within the application justify the granting of the
variance, and the requested relief is the minimum necessary to make reasonable
use of the property in question.
6. The granting of the variance will be in harmony with the general purpose and
intent of the Zoning Ordinance, and it will not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
Persons expressing support or concern about this application submitted the documents outlined below to staff.
All documents are attached hereto and made a part of the record of the public hearing.
-Marion M. Moses, Devine Street Association.
PAGE 2 OF 2
Zoning Map
C-5
RD
M-1
RD-2
M-2
RG-1
PUD-C
RG-1A
PUD-LS
RG-2
PUD-LS-E
RG-3
PUD-LS-R
UTD
PUD-R
MX-1
OUT OF CITY
MX-2
DD DISTRICT
2230
2305-07
2302
C-2
CC OVERLAY
)
726
724
720
723
724-2 6
2325-25 1/2
2301
PD DISTRICT
725
728
2231
DP DISTRICTS
716
C-4
RS-3
702
C-3A
RS-2
717
C-3
RS-1B
715-15 1/2
RS-1A
C-1
2306
2309
2321
2323
711
C-2
RG-1
722
RS-1
C-1
709
C-1
703-05
D-1
RG-2
MEADO W S
T
710
FEMA FP
715
RAILROADS
711
CITY LIMITS
718
Legend
INTERSTATES
732
722
721
Department of Planning &
Development Services
µ
2400 Devine Street
TMS# 11312-06-01
Variance 16-039-V
2329
2401
2409-11
2419
2421
2425
2431
2445
2501
DEVINE ST
2314
2318
2320 2322 2324
2330
2400-04 240
6
2408
2418
2414
2422
2442
City Landmark
2507
2500
2508
Shandon
2301
2303
2305
RG-1
2307
2321
2323
2325
2401-03-05 -0
7-
09
2316
2330
25
23
2400
2406
QUEEN ST
611
616
2329
621-2 3
620
C-1
615
614
C-1
621
C-1
607
DISCLAIMER:
The City of Columbia Department of
Planning and Development Services
data represented on this map or plan
is the product of compilation, as
produced by others. It is provided
for informational purposes only and
the City of Columbia makes no
representation as to its accuracy. Its
use without field verification is at the
sole risk of the user.
RG-2
HEIDT ST
Andrew Livengood
for
August 9, 2016
BoZA meeting
615
ORIGINAL PREPARATION/DATE:
This map was prepared by:
620
1 inch = 150 feet
2411
2419
2423
2425
BLO SSO M ST
2410
2420
2424
2428
2501
2227
LOW N
DE S RD
232
3
2326
2515
2430
2500
2303
2511
2516
2520
2522
RG-2
Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS,
USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User
Community
** DATA SOURCE - CITY OF COLUMBIA, GIS DIVISION
7/13/16
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