Explanation
HONORABLE MEMBERS OF COUNCIL: The attached legislation is submitted for Council action.
APPLICANT: Juergan S. and Lori A. Baumann c/o Donald Plank, Esq., Shuler Plank & Brahm, 145 East Rich Street, Columbus, OH 43215
PROPOSED USE: To permit limited motor vehicle sales in conjunction with an existing single-family dwelling.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The 1.5+ acre site is developed with a single-family dwelling whose owner/resident is conducting a motor vehicle sales business on the property. This variance will allow limited sales of motor vehicles as a permitted use within the required yard and operation of the business inside the dwelling. This property, as well as the three residential properties to the east are designated for commercial use in the West Columbus Interim Development Concept: 1991 and commercial use is consistent with the commercially zoned and developed property on the south side of Roberts Road and east side of Hilliard-Rome Road. Staff recognizes the potential redevelopment of these lots under a consolidated rezoning to a commercial district. However, staff does not support this request noting that sales of motor vehicles in conjunction with a single-family dwelling represents an inappropriate land use.
Title
To grant a Variance from the provisions of Sections 3332.03, R-1, Residential District; 3332.34, Residential character; and 3342.08(c), Driveway, for the property located at 5436 ROBERTS ROAD (43026), to permit limited motor vehicle sales in conjunction with an existing single-family dwelling in the R-1, Residential District.
Body
WHEREAS, by application #CV02-048, the owner of property at 5436 ROBERTS ROAD (43026), is
requesting a Council Variance to permit limited motor vehicle sales in conjunction with an existing single-family dwelling in the R-1, Residential District; and
WHEREAS, Section 3332.03, R-1, Residential District, does not permit motor vehicle sales, while applicant proposes to sell motor vehicles in conjunction with applicant's use of the existing dwelling as their residence with the sale of motor vehicles occurring in a designated area in the rear and side yard adjacent to commercially zoned and developed property to the west and residentially zoned and developed property to the north; and
WHEREAS, Section 3332.34, Residential character, allows limited accessory uses incidental to principal dwellings permitted in the district provided that they be shall not be such as to infringe upon the residential character of the district, while the applicant requests to conduct a motor vehicle sales lot on the property in conjunction with a single-family dwelling; and
WHEREAS, Section 3342.08(c), Driveway, requires a driveway serving more than eight parking spaces to be twenty (20) feet wide, while the applicant requests to maintain the existing ten (10) foot wide residential driveway for both residential use and the proposed motor vehicle sales lot; and
WHEREAS, the West Columbus Interim Development Concept: 1991 recommends commercial development as the most appropriate land use for the site and adjacent properties to the east and west; and
WHEREAS, the applicant has been cited by Code Enforcement for conducting a motor vehicle sales business from the property; and
WHEREAS, applicant desires to continue to live at the property and sell motor vehicles from a defined
area of the rear and side yard of the property, as depicted on the plan titled "Site Plan: Permitted Vehicle Parking and Display Area - 5436 Roberts Road", dated October 1, 2002, referenced in Section 3; and
WHEREAS, City Departments recommend disapproval because sales of motor vehicles on residentially zoned property developed with a single-family dwelling represents an inappropriate land use; and
WHEREAS, this ordinance is conditioned upon applicant obtaining a Certificate of Zoning Clearance and any applicable permit(s), and;
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 5436 ROBERTS ROAD (43026), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That a variance from the provisions of Sections 3332.03, R-1, Residential District; 3332.34, Residential character; and 3342.08(c), Driveway, of the Columbus City Codes are hereby granted for the property located at 5436 ROBERTS ROAD (43026), to permit motor vehicle sales in conjunction with an existing single-family dwelling, as restricted in Section 3 below, and a reduced width of the driveway from 20 feet to 10 feet:
Said property being more particularly described as follows:
Situated in the County of Franklin in the State of Ohio and in the City of Columbus.
PARCEL 1.
Being in Military Survey No. 15022 and bounded as follows:
Beginning at a nail in the centerline of Roberts Road, said nail being South 85 deg. 45' East, 236.98 ft. from a railroad spike where the centerline extended of Roberts Road would intersect the centerline of Rome Hilliard Road; thence North 2 deg. 30' West (passing an iron pin at 25.08 ft.) 278.22 ft. to an iron pin; thence along the South line of the R. L. Siders tract, North 89 deg. 54' East, 42.1 ft. to an iron pin; thence along the East line of said tract, North 1 deg. 24' West 164.02 ft. to an iron pin; thence along the South line of the Francis E. Hagerman tract, North 86 deg. 34' East 63.75 feet to an iron pin; thence South 1 deg. 45' West (passing an iron pin at 428.52 ft.) 453.6 ft. to a nail in the centerline of Roberts road; thence along the centerline of Roberts Road North; 85 deg. 45' West, 102.17 ft. to the place of beginning, containing 0.919 acre, more or less. Subject to all legal highways and rights-of-way, if any, of previous record.
PARCEL 2.
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being in Virginia Military Survey 15022 and bounded and described as follows:
Beginning at a nail in the centerline of Roberts Road, said nail being South 85 deg. 45; East, 339.15 feet from a railroad spike where the centerline extended of Roberts Road would intersect the centerline of Rome Hilliard Road; thence North 1 deg. 45' West (passing an iron pin at 25.06 ft.) 453.6 ft. to an iron pin in the South line of the Francis E. Hagerman tract, said iron pin being Easterly 63.75 feet from the Northeast corner of the R. L. Sider tract; thence along the South line of the Francis E. Hagerman tract, North 66 deg. 34' East, 100.2 feet to an iron pin; thence South 1 deg. 54' 30" East, (passing the North line of the tract originally owned by P. C. Lantz, et al., at approximately 356.9 feet and passing an iron pin in the North line of the road at 442.31 feet) 467.39 feet to a nail in the centerline of Roberts Road; thence along the centerline of Roberts Road, North 85 deg. 45' West (passing the Southwest corner of the tract formerly owned by P. C. Lantz et al. at 88.14 feet) 102.17 feet to the place of beginning, containing 1.066 Acres, more or less.
EXCEPTING THEREFROM:
Situated in the County of Franklin, State of Ohio and in the City of Columbus, being a part of 0.919 acre tract conveyed to Lucky L. Riley by deed of record in Deed Book 3416, page 944, Recorder's Office, Franklin County, Ohio, being more particularly described as follows:
Beginning at a nail at the centerline intersection of Roberts Road and Rome Hilliard Road, thence and with the centerline of Roberts Road, South 85 deg. 45 minutes 00 seconds East a distance of 236.98 ft. to a point at the Southwesterly corner of the said 0.919 acre tract, said point being the True Point of Beginning of the herein described tract;
Thence and along the Westerly line of the said 0.919 acre tract, North 2 deg. 48 minutes 50 seconds West, a distance of 60.48 ft. to a point;
Thence and parallel with the centerline of Roberts Road, South 85 deg. 45 minutes 00 seconds East, a distance of 31.50 ft. to a point.
Thence South 3 deg. 21 minutes 21 seconds West, a distance of 60.03 ft. to a railroad spike set in the centerline of Roberts Road;
Thence and along the centerline of Roberts Road, North 85 deg. 45 minutes 00 seconds West, a distance of 25.00 ft. to the True Point of beginning of the herein described tract, containing 0.0389 acres, more or less. Bearing based on Deed Book 3439, page 178.
ALSO EXCEPTING THEREFROM
Situated in the State of Ohio, County of Franklin, City of Columbus, in Virginia Military Survey Nos. 15022, 6554 and 7029, and being a portion of an original 0.919 acre tract of land conveyed as Parcel 1 and being a portion of a 1.066 acre tract of land conveyed as Parcel 2 to Lucky L. Riley by deed of record in Deed Book 3416, page 944 (all references being to the Recorder's Office, Franklin County, Ohio) and bounded and described as follows:
Beginning at a point in the centerline of Roberts Road, in the South line of said original 0.919 acre tract and at the Southeast corner of a 0.0389 acre tract of land conveyed out of said original 0.919 acre tract to City of Columbus, Ohio, for Roberts Road right-of-way purposes by deed of record in Official Record 13004 , page B14, said point being S 87 deg. 47' 00" E a distance of 261.98 feet from Franklin County Monument No. 6665 found at the intersection of the centerline of Hilliard Rome Road with the centerline of Roberts Road.
Thence N 1 deg. 10' 21" E along a portion of the East line of said 0.0389 acre tract a distance of 40.00 feet to a point;
Thence S 87 deg. 47' 00" E parallel with and 40.00 feet Northerly by perpendicular measurement from the centerline of Roberts Road and from the South Lines of said original 0.919 acre tract and said 1.066 acre tract a distance of 175.65 feet to a point in the East line of said 1.066 acre tract and in the West line of a 1.103 acre tract of land conveyed to Anthony F. and Joann R. Thomas by deed of record in Deed Book 2271, page 238 (passing a point in the East line of said 0.919 acre tract and in the West line of said 1.066 acre tract at 76.05 feet);
Then S 3 deg. 56' 30" along a portion of the East line of said 1.066 acre tract and along a portion of the West line of said 1.103 acre tract a distance of 40.23 feet to a point in the centerline of Roberts Road, at the Southeast corner of said 1.066 acre tract and at the Southwest corner of said 1.103 acre tract;
Thence N 87 deg. 47' 00" W along the centerline of Roberts Road, along the South line of said 1.066 acre tract and along a portion of the South line of said original 0.919 acre tract a distance of 179.34 feet to the place of beginning (passing a point at the Southwest corner of said 1.066 acre tract and at the Southeast corner of said original 0.919 acre tract at 102.17 feet);
Containing 0.163 acre of land more or less, of which the present road occupies 0.123 acre of land more or less, and being subject to all legal highways, easements and restrictions of record. Of the above described 0.163 acre, 0.070 acre is within said original 0.919 acre tract and 0.093 acre is within said 1.066 acre tract.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for the existing single-family dwelling and limited motor vehicle sales or those uses permitted in the R-1, Residential District.
Section 3. That this ordinance is further conditioned upon the following:
a) The only area of the property permitted to be used for parking and/or display of motor vehicles for sale shall be that area designated "Vehicle Parking and Display Area on the plan titled "Site Plan: Permitted Vehicle Parking and Display Area - 5436 Roberts Road", signed by Donald T. Plank and dated December 24, 2002.
b) A 6 foot tall board fence will be installed in the locations indicated on the plan titled "Site Plan: Permitted Vehicle Parking and Display Area - 5436 Roberts Road", signed by Donald T. Plank and dated December 24, 2002.
c) Motor vehicle sales are permitted only for so long as the existing single-family dwelling exists and remains on the property. If the dwelling is razed or substantially damaged, this ordinance shall automatically be null and void and the motor vehicle sales use permitted by this ordinance shall terminate. For purposes of this ordinance, "substantially damaged" shall mean damage to the existing house exceeding 50% of the value at the time of damage.
d) It is anticipated that administrative functions, including signing of documents for the sale of a vehicle, acceptance of payment for a vehicle, conducting and keeping paperwork and records related to the sale of motor vehicles will be conducted on the premises including incidental use of the dwelling for same. However, it is not the intention of this ordinance to permit, cause or require the change of use of any portion of the dwelling for commercial use and no additional parking shall be required for any such incidental use of the dwelling, if any, related to administrative functions occurring in the dwelling.
e) The dwelling shall be the primary residence of the party conducting motor vehicle sales at the premises.
f) Applicant shall obtain a Certificate of Zoning Clearance and any applicable permits associated with the use of the property for the use permitted by this ordinance. Tax parcels 560-136820 and 560-136821 shall be combined to form one (1) parcel prior to the issuance of a Certificate of Zoning Clearance.
Section 4. That this ordinance shall be in effect from and after the earliest period allowed by law.