21-174cp 35 n. high street

PLANNING 5800 Shier Rings Road Dublin, Ohio 43016 phone 614.410.4600 fax 614.410.4747 dublinohiousa.gov

Architectural Review Board November 17, 2021

21-174CP – 35 N. HIGH STREET Summary Zoning Map

Installation of an enclosed outdoor dining structure at

an existing restaurant. Request for an associated Accessory Structure Size Waiver.

Site Location The 0.23-acre site is northwest of the intersection of

N. High Street and Wing Hill Lane.

Zoning HD-HC: Historic District – Historic Core District

Property Owner Bethan Day Trust

Applicant/Representative Craig Barnum, CLB Restaurants

Applicable Land Use Regulations

Zoning Code Sections 153.173-153.178 and Historic Design Guidelines.

Case Manager Sarah Tresouthick Holt, AICP, ASLA, Senior Plannerr

(614) 410-4662

[email protected]

Next Steps

Upon review and determination of the Concept Plan by the Architectural Review Board (ARB), the applicant is eligible to file a formal application for a Preliminary and Final Development Plan. The applicant requests that

the Preliminary and Final Development Plans be combined; staff supports this request.

mailto:[email protected]

City of Dublin Architectural Review Board Case 21-174CP | 35 N. High Street

Wednesday, November 17, 2021 | of 12

1. Context Map



2. Overview

Background The site is developed with a single story building constructed in 1955 and converted to a restaurant in 1997. The restaurant building is located in the western portion of the site with a dining patio in the eastern portion, along N. High Street. The applicant has shared that the eastern portion of the site was the previous location of a post office and located along North High Street. The current restaurant building size is 4,271 square feet, according to the Franklin County Auditor’s website. The restaurant has been operating at this location since 1997. When the site was rezoned into the, then, Bridge Street District-Historic Core on April 9, 2012, specific legal exemption was given to existing buildings and businesses not meeting the new size criteria. This exemption continues today, to protect the rights of previously existing businesses and uses. Under the current Code, new restaurants are permitted to be no more than 3,500 gross square feet in size. As part of the Covid-19 State of Emergency designation on March 17, 2020, the City Manager established a series of Executive Orders to permit temporary patios and structures. The applicant chose to erect a temporary vinyl enclosure for the existing patio (Certificate of Zoning Plan Approval issued on November 3, 2020), to allow for the continued serving of patrons while maintaining appropriate distancing in accordance with these allowances. At the October 25, 2021 City Council meeting, the expiration for the continued use of these temporary facilities was extended to February 28, 2022 (Resolution 61-21). As part of the extension, City Council required all permit holders to provide documentation that the temporary patio or structure would be removed by the expiration date, or that the applicant would submit an application seeking permanent approval. The applicant is presenting this request, for an Accessory Structure not attached to the primary building, in advance of the expiration date and is seeking approval of the structure in its current location. Applicants who pursued the Executive Orders to construct these temporary structures patios were advised that these were temporary in nature and would need to be formally reviewed after the Orders were lifted. Any costs of improvements undertaken as part of the Executive Order was at the express risk of each owner. Site History In 2002, the Board of Zoning Appeals granted two variances for this property: to permit 91 percent total lot coverage (85 percent is currently allowed per Code) and to permit a parking variance allowing only two on-site spaces. Both variances were granted to allow the existing outdoor dining patio to be installed (Case 02-036V). In 2005, the Architectural Review Board heard an Informal Request for an enclosure of the front porch and fenced-in walkway and a lantern on the roof of the proposed addition. This request was not pursued.

In January of 2020, the applicant presented an Informal Request for an all-season, enclosed glass patio covering with a retractable roof structure. At that time, the Board expressed concerns that the proposal was not compatible with the architectural character and



materials of the District. The height and scale of the proposal was discussed in relation to the existing building and surrounding context. The Board raised concerns with the loss of open space along N. High Street and encouraged the applicant to investigate an alternative design.

In February 2020, an Informal Request was made for construction of a 215-square-foot wine room addition. This request was not pursued.

Review Process A Concept Plan is required where projects exceed the criteria for Minor Projects, meaning commercial building additions expanding the gross floor area by more than 25% or more than 1,500 square feet, whichever is less. This request falls into this category at 1,849 square feet and 43 percent of the existing building. It is the first, binding, formal step before Preliminary Development Plan and Final Development Plan. The purpose of the Concept Plan is “to provide a general outline of the scope, character, and nature of the proposed development….” consistent with all related documents, as described within this report. Waiver Review Waiver Review of items related to the Concept Plan approval may be considered at this time. Approval of a Waiver grants a deviation from Code provided that the Code criteria listed in 153.176(L) are met. An accessory structure Waiver for the permitted size will be needed to permit the proposed enclosure, as outlined below.

Site Characteristics Natural Features The lot is .23 acres, and contains trees, landscaping, and a decorative metal fence with brick piers along the northern, eastern, and southern edges of the patio. The patio currently has the temporary tent installed within these elements. The proposal would use the same footprint as the existing temporary tent.

Historic and Cultural Facilities The existing structure on N. High Street was constructed in 1955. It is not identified on the National Register of Historic Places, but is recommended contributing to the local Historic District, based on location, feeling, setting, and association integrity markers from the City of Dublin Historical and Cultural Assessment from 2017.

Surrounding Land Use and Development Character North: Historic District – Historic Core (Commercial) East: Historic District – Historic Core (Commercial) South: Historic District – Historic Core (Commercial) West: Historic District – Historic Core (Commercial/Parking)

Road, Pedestrian and Bike Network The site has frontage on N. High Street, Wing Hill, and Darby Street. A public walkway is located on the north side of the site, providing pedestrian access from Darby Street to the public sidewalk on N.High Street. Currently, pedestrian access to the restaurant is between



the original structure and the temporary structure, from the north side. The south access point, shown on the site plan, was closed when staff visited the site.

Utilities The site is served by public utilities, including sanitary and water. Electrical and gas are also provided on site. Engineering On-site stormwater is not required for this size project. Engineering reviewed this application, and requested that both right-of-way limits and property lines are shown on the site plan. A recommended condition of approval addresses this need for the next submittal. Code and Guidelines Historic District – Historic Core The proposed uses are allowed within the zoning district, and include use specific standards. Specifically, today, a restaurant use shall be limited to 3,500 gross square feet. The 2021 Code revisions for the Historic District incorporated the size limit to ensure that restaurants were in keeping with the prevalent building and lot size within the Historic District. The existing building is 4,271 gross square feet, and the requested Accessory Structure is another 1,849 square feet, suggesting a total square footage of 6,120. The building is considered conforming, as it existed prior to the adoption of the Historic District Code revisions, and has been operating in this location since 1997. City of Dublin Code – Accessory Structures This request falls under the accessory structure definition and requirements, found in Section 153.074(D) for non-residential zoning districts, which states “A subordinate structure or building, the use of which is incidental to and customarily used in connection with the principal structure or use and which is located on the same lot with the principal structure”. The structure is not attached to the building; overlapping roofs provide shelter from the elements, but no walls exist to connect the two structures, and the exterior sidewalk serves as the floor. Under this section of Code, accessory structures are limited to not more than 25% of the gross square footage of the primary structure, in this case 1,067 square feet. Further, an 18-foot height limit will also apply to this request. The Board has the authority to approve a Waiver request for Code requirements of up to 20% percent per Section 153.176(L)(5)(h). This could potentially bring the maximum square footage up to 1,280 square feet. A Waiver request is included with this application.

3. Proposal The proposal is for a 43-foot by 43-foot (1,849 square feet) accessory structure to cover an existing patio along N. High Street to be used for year-round dining space. The structure is connected by two overlapping shed roofs, one attached to the existing brick building and one attached to the temporary tent. Proposed access is via existing doors: one located on the north side, between the buildings, under the two roofs, and off of the public sidewalk, and one located on the south side. The applicant is seeking feedback on the use of the existing materials and also the potential replacement of the white vinyl roof with standing seam metal.



The height of the proposed structure is unknown and will need to meet the 18-foot requirements, per Section 153.074(D) of the City of Dublin Code. Additionally, that same section requires that accessory structures do not exceed 25 percent of the gross floor area of the principal structure (4,271 gross square feet), which allows a 1,067-square-foot accessory building; a Waiver is requested with this application to allow 1,280 square feet. Site Requirements The setbacks, lot coverage, and building height are described below:

Dimensional Standards

Front Setback 0’

Side Setback 0’

Rear Setback 5’ for buildings and pavement

Lot/Building Coverage 85% (previously approved at 91%)

Accessory Building Ht. 18’ maximum

Accessory Building

Size

25% maximum

(1,067 square

feet)

The proposed layout appears to meet all setback requirements; however, staff recommends

a condition of approval that these requirements be provided at the next submittal, using a

surveyed site plan.

Site Modifications The Historic Design Guidelines state in Section 5.2, Building Placement, that the building should be designed and sited to be consistent with the original block, street, site and development patterns. Previously, this location was an open dining patio. The Guidelines also state that the building should be similar to other nearby buildings and should reinforce the street wall; the location of the proposed enclosure could reinforce the N. High Street edge. The façade section of the Guidelines (5.5) state that a primary entrance to the building should front the street. The applicant is not proposing an entrance to this structure from N. High Street; however, in light of the Guidelines recommendation, Staff suggests that an entry to the covered space be provided on N. High Street. Scale, Mass, Height The Historic Design Guidelines state that the building should be the same in form and mass, as well as proportion and scale, to surrounding buildings. Additionally, roof pitch and form should be similar. The roof pitch is not known; however, a minimum of 6:12 (rise:run), is required per the Historic District Code. A recommended condition of approval addresses this requirement. Further, the Guidelines state that the building width should be similar to other buildings in the Historic District; the width of the structure is slightly narrower than the width of the



existing Tucci’s building. The proposed massing of the enclosure does not include building articulation. Materials The applicant has proposed two different roof materials (via inspirational images) for the Board’s feedback: a white, vinyl roof or a standing seam roof. The walls in either case are proposed to be the existing glass windows and doors, white in color, which can be opened during nice weather. Currently, the gable ends of the structure are vinyl, and the roof is vinyl. The Historic District Code states in Section 153.174(J)(1) and (2) that façade materials are to be high quality and durable and include glass as an acceptable material. Other high quality synthetic materials are permitted to be approved, with examples of successful installations in comparable climates. Acceptable roof materials include standing seam, per the Code. The Historic Design Guidelines state that large surfaces of glass should be avoided (Section 5.5, Facades). Further, Section 5.6 of the Guidelines note that window-to-wall ratios should be similar to other buildings in the District. Vinyl is not a permitted material in the Historic District. Based on the Code and Guidelines, Staff is supportive of a metal standing seam roof because it is a permitted, and often-used, material within the Historic District. Color and finish/reflectivity will need to be provided with the next submittal. Similarly, the applicant shall provide details on window and door systems with the next submittal, keeping in mind that some materials are either not permitted or require a Waiver in the Historic District. Likewise, a recommended condition of approval states that the existing vinyl gable ends shall be converted to another appropriate, permanent, and high quality material. It is also recommended that the chosen color scheme for the structure be harmonious with the existing brick building. A change in color from the existing white may help create a feeling of greater longevity and permanence. Parking The current Historic District Code requires Eating/Drinking establishments to meet the 10 per 1,000 square feet minimum required parking standard. Parking Variances were approved in 2002 to accommodate the dining patio, so no additional parking is required. Landscaping and Tree Preservation No additional landscaping is proposed with this application. Upon a site visit, it was found that the existing landscaping is rather transparent and does not meet Historic Design Guideline 6.3 which states that foundation plantings should be used to soften the appearance of buildings along the street. Further, it was found that the structure’s HVAC, located on the north side, is quite visible from N. High Street and the adjacent public walkway and is required to be screened per Historic District Code 153.173(I)(6)(a). A recommended condition of approval addresses these concerns, and the effect of the recommended evergreen landscaping could also help integrate the character of the structure into the district more sympathetically. The potential use of trellises and vines could also be helpful to integrate the more modern style structure into the district.



Lighting, Outdoor Speakers, Signs, Outdoor Furniture No information has been provided on these elements; this will all be required at Preliminary/Final Development Plans. Any lighting proposed within the glass structure will be visible from the public right-of-way. Details should be provided at Preliminary/Final Development Plan to ensure that light levels are not above one footcandle 10 feet beyond the property line, per Historic District Code. Speakers within the addition may be heard on nights when any windows or doors are open, and are therefore subject to limited hours of operation per the Historic District Code (no operation between 11:00pm and 8:00am, Section 153.172(C)(4)(h)(6)). Furniture will be technically indoors, although visible through the glass walls; a recommended condition of approval states that it will be reviewed at the Preliminary/Final Development Plan request. No signage changes are proposed with this request. Additionally per the Historic Dublin Code, all deliveries and refuse pick up shall only be permitted between 8:00am and 5:00pm. These issues shall be addressed when further details are made available during subsequent reviews; however, the project narrative states that the owner will abide by these requirements.

4. Review Criteria The following criteria from Historic District Code 153.176(F)(4)(a-j) apply to this application.

a) The CP is consistent with the applicable policy guidance of the Community Plan,

applicable Zoning Code requirements, and other applicable City plans, and citywide

administrative and financial policies;

Criteria Met with a Waiver: The proposed accessory structure is permitted by the 2012

rezoning exceptions for the Historic Core, but exceeds the 25 percent maximum

permitted in the City of Dublin Code for accessory structures, which is 1,067 square feet.

The Board has the ability to approve a Waiver request for up to 20 percent of a numeric

standard, which could allow up to 1,280 square feet for the structure. See below for a

more detailed explanation.

Code Location Type of Requirement

Size Criteria

Calculation Allowed Size

Existing Conditions/ Request

Comments

Historic Dublin Code 153.172(C)(3)(d)(1)

Use Specific Standard

3,500 gfa 4,271 existing + 1,849sf = 6,120 sf total

Existing sf is legal per Code

City of Dublin Code 153.074(D)

Accessory Use 25% of primary structure

.25 x 4,271 1,067 sf max size

1,849 sf accessory structure

Size limit applies to all accessory structures; max ht 18’ also applies

Historic Dublin Code 153.176(L)(5)

Waiver Criteria 20% maximum waiver

1.20 x 1,067 1,280 sf max size

1,849 sf accessory structure

Accessory Structure Size Waiver sought

The request may support the vision for Historic Dublin when the recommended

conditions of approval are implemented. The use could meet the requirements of the



Historic District Code and the City of Dublin Code with the recommended condition for

the Waiver regarding size of the accessory structure.

b) The CP is consistent with the Historic Design Guidelines;

Criteria Met with Conditions: This submittal is a Concept Plan, which is less specific in

nature than subsequent submittals; with the recommended conditions of approval, these

issues may be fully addressed.

c) The CP conforms to the applicable requirements of the Code;

Criteria Met with Conditions: Approval of a Waiver with a recommended condition of

approval could address the building size issues. Lot coverage was fully addressed with

previous 2002 lot coverage Variance; current lot coverage shall be confirmed at the next

submittal.

d) The CP is consistent with surrounding historic context, character, and scale of the

immediately surrounding area and the district as a whole;

Criteria Met with Conditions: With the recommended conditions of approval, this

structure could be consistent with the District and immediate surroundings.

e) The applicant, or applicant’s representative has demonstrated that it has technical

expertise and experience with appropriate construction methods consistent with sound

historic preservation practices;

Criteria Met: This proposal does not impact, or attach to, the existing historic building.

f) The illustrative lots, supporting street and pedestrian network, and internal circulation

provide a coherent development pattern and the conceptual locations of access points to

surrounding streets will avoid adverse impacts on surrounding neighborhoods and traffic

infrastructure;

Criteria Met with Conditions: The existing, temporary tent has been in place for one

year, and no adverse pedestrian or vehicular traffic impacts have been noted. A

recommended condition of approval makes a greater presence on N. High Street by

moving an entry to the N. High Street elevation.

g) The proposed land uses allow for appropriate integration into the community, consistent

with adopted plans, and align with the requirements of 153.172 Uses;

Criteria Met: The request does permit interactive, lively use on N. High Street, by

allowing pedestrians and restaurant patrons to view the activities of the other. The uses

are permitted by zoning and will not change.

h) The conceptual buildings are appropriately sited and scaled to create a cohesive development character that complements the surrounding environment, and conforms to the architectural requirements of 153.174 Design Standards and the Historic Design Guidelines; Criteria Met with Conditions: Conceptually, the siting of the enclosure may be appropriate, given that previously, the post office may have occupied this site and created a more continuous edge for N. High Street in this block. The materials and scale are addressed through the recommended conditions of approval, along with doorway and landscaping conditions that further improve the proposal’s ability to meet the Historic District Code’s Design Standards and the Guidelines.



i) The conceptual design of open spaces, including location and relationship to surrounding

buildings, provides for meaningful public gathering spaces that benefit the community

both within and outside of the proposed development;

Criteria Met: The proposed gathering space that will result from this request will not be

public; however, it will be able to be viewed by the public, and will thus create a livelier

and interactive streetscape. Any remaining, open dining patio, as fully permitted in

2002 and 2012, will continue to contribute to the streetscape as a meaningful gathering

space.

j) The CP allows for the connection and or expansion of public or private infrastructure and

the continued provision of services required by the City or other public agency.

Criteria Met: No public or private infrastructure will be negatively affected. Engineering

comments are addressed by a recommended condition of approval.

5. Waiver Criteria Requirement: Section 153.074(D): Accessory Structures. Request: To allow an Accessory Structure to exceed the maximum square footage permitted by 20 percent. The Waiver approval criteria of the Historic District Code Section 153.176(L)(5) apply to this request: 1) The need for the Waiver is caused by unique site conditions, the use of or conditions

on the property, or surrounding properties, or other circumstance outside the control

of the owner/lessee, including easements and rights-of-way;

Criteria Not Met: The requested addition is wholly from the owner for business reasons.

2) The Waiver, if approved, will not negatively impact the historic context of the

immediately surrounding area or the district as a whole;

Criteria Met with Conditions: The proposed patio accessory structure could create a more consistent building edge along N. High Street, while allowing outdoor dining patio to remain. With the recommended conditions of approval, the project, as a largely-glassed enclosure, could be a positive influence on the surrounding district.

3) The Waiver, if approved, will generally meet the spirit and intent of the Community

Plan, requirements in Code 153.170 through 153.178;

Criteria Met with Conditions: The Historic Design Guidelines say “A challenge for this neighborhood is balancing the preservation of historic buildings while providing the opportunity for infill that is sensitive to the existing scale and character of the surrounding area.” General design principles include “Allowing sensitive redevelopment consistent with surrounding character”. The recommended conditions of approval for the Concept Plan can help the proposal be more architecturally sympathetic with the district.

4) The Waiver is not being requested solely to reduce cost or as a matter of general

convenience;

Criteria Met: Information has been provided regarding the real and positive impacts to the business from the temporary tent structure.



5) The Waiver, if approved, will ensure that the development is of equal or greater

development quality with respect to design, material, and other similar development

features than without the Waiver;

Criteria Met with Conditions: The proposal is essentially the existing, temporary tent with some modifications. Staff has proposed conditions of approval for the Concept Plan that will make it appear less temporary, minimize the exposure of glass and other vinyl materials, and address elements on N. High Street.

6) The requested Waiver is better addressed with the Waiver rather than an amendment

to the requirements of this Chapter;

Criteria Met: City Council recently adopted new Historic Dublin Code to address concerns with lot coverage, neighborhood compatibility, and surrounding character. The existing restaurant and patio area have been previously approved; and this proposal only contains some of that seating area under a permanent Accessory Structure.

7) The Waiver does not have the effect of authorizing any use that is not otherwise

permitted in the applicable zoning district;

Criteria Met: No use changes are requested. 8) In the event of Waivers from numeric or dimensional standards, the Waiver does not

exceed 20%;

Criteria Met with Conditions: The recommended Waiver amount for square footage is at the maximum 20 percent permitted.

9) In the event of Waivers from determinations of contributing or noncontributing status, the provisions of Section 153.175(J)(c) (sic) shall apply. Not Applicable

6. Recommendations

Staff recommends approval of the Accessory Building Size Waiver with the following condition:

1) The structure shown on the Preliminary/Final Development Plan shall not exceed

1,280 square feet, based on the gross floor area of the existing restaurant (4,271

square feet, per Franklin County Auditor records). Should additional, confirmed

data indicate a different gross square footage for the existing building, that data

may be used to recalculate the maximum structure square footage.

Staff recommends approval of the Concept Plan with the following conditions:

1) A surveyed site plan shall be provided at the subsequent submittal that

demonstrates how all applicable setbacks and lot coverage are met. Additionally,

the site plan shall show all applicable public rights-of-way.

2) The roof pitch shall be shown at a minimum 6:12 (rise:run), and maximum

structure height shall not exceed 18 feet at next submittal.

3) The roof material shall be standing seam metal, in a compatible color/finish to the



historic building.

4) At next submittal, the applicant shall show a public entrance into the accessory

structure off N. High Street.

5) The applicant shall identify evergreen foundation plantings on the south, east, and

north sides of the structure and to screen the HVAC system on next submittal.

6) The applicant shall provide details of all window and door systems, along with

colors, materials, finishes and cut sheets for the structure, noting that vinyl is not a

permitted material in the district, at the next submittal. Chosen colors shall be

harmonious with the existing brick structure and suggest a feeling of permanence.

7) The applicant shall provide details of a more permanent, high quality material for

the gable ends of the structure at the next submittal.

8) At next submittal, the applicant shall provide information on all furniture, lighting,

and other elements within the transparent portion of the structure, per Code

requirements.

21-174cp 35 n. high street

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