Explanation
Council Variance Application: CV05-049
APPLICANT: TK Constructors; c/o Michael T. Shannon, Atty., Crabbe, Brown and James; 500 South Front Street,
Suite 1200; Columbus, OH 43215.
PROPOSED USE: Single-family model home complex.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is undeveloped and is zoned L-M, Limited Manufacturing District. The applicant requests a Council variance to construct four single-family model homes along with a sales office for the purpose of selling single-family lots in the Columbus area. The model homes will be constructed as fully-functional single-family dwellings, but they will not be occupied for residential living and will be used solely for marketing and sales purposes. Additional variances for the minimum number of parking spaces required and to allow the model homes to be used for longer than a one year period are also requested. The applicant has also committed to demolition of the model home structures within one year of the termination of their use for home sales purposes. A hardship exists in that the M, Manufacturing District prohibits single-family dwellings, and the proposed use of the property is not defined or referenced within the Columbus Zoning Code. It has been determined that the proposed use is commercial in nature, and commercial sales are permitted by the established Limitation Overlay Text as approved by Ordinance No. 1235-00, passed June 5, 2000.
Title
To grant a variance from the provisions of Sections 3363.01, M, Manufacturing District; 3342.28, Minimum number of parking spaces required; and 3390.04, Temporary use permit required; of the Columbus City codes for the property located at 2199 WILSON ROAD (43228), to permit a single-family model home complex with reduced development standards in the L-M, Limited Manufacturing District and to declare an emergency (Council Variance # CV05-049).
Body
WHEREAS, by application No. CV05-049, the owner of property at 2199 WILSON ROAD (43228), is requesting a Council variance to permit a single-family model home complex with reduced development standards in the L-M, Limited Manufacturing District; and
WHEREAS, Section 3363.01, M, Manufacturing District, prohibits single-family dwelling use, while the applicant proposes to construct four single-family dwellings to be used as model homes for marketing and sales purposes; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to contractual obligations for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires one (1) parking space for every 300 square feet of general office space, and one (1) parking space for every 250 square feet of model home sales space, or a maximum requirement of forty-eight (48) parking spaces, while the applicant proposes nineteen (19) parking spaces; and
WHEREAS, Section 3390.04, Temporary use permit required, allows a real estate office in any residential subdivision actively under construction for the purpose of selling lots in the subdivision, and requires that a model home used as a temporary sales office have a temporary use permit issued for a period of one (1) year, while the applicant proposes four single-family model homes that are not in a residential subdivision for marketing of lots that are off-site for a period of longer than one (1) year, and to waive the temporary use permit requirement; and
WHEREAS, City Departments recommend approval and note a hardship exists because the M, Manufacturing District prohibits single-family dwellings, and the proposed use of the property is not defined or referenced within the Columbus Zoning Code. The requested Council variance will allow four single-family model homes along with a sales office in the L-M, Limited Manufacturing District for the purpose of selling single-family lots in the Columbus area. The model homes will be constructed as fully-functional single-family dwellings, but they will not be occupied for residential living and will be used solely for marketing and sales purposes. Additional variances for the minimum number of parking spaces required and to allow the model homes to be used for longer than a one year period are also requested. The applicant has also committed to demolition of the model home structures within one year of the termination of their use for home sales purposes. It has been determined that the proposed use is commercial in nature, and commercial sales are permitted by the established Limitation Overlay Text as approved by Ordinance No. 1235-00, passed June 5, 2000; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; 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 2199 WILSON ROAD (43228), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variance from the provisions of Sections 3363.01, M Manufacturing District; 3342.28, Minimum number of parking spaces required; and 3390.04, Temporary use permit required; of the Columbus City codes is hereby granted for the property located at 2199 WILSON ROAD (43228), insofar as said sections prohibit a single-family model home complex with a parking space reduction from forty-eight (48) required spaces to nineteen (19) spaces with no temporary use permit required; said property being more particularly described as follows:
2199 WILSON ROAD (43228), being 3.92± acres located at the northwest corner of Wilson Road and Arlingate Lane, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey Numbers 544, 5239, 5241 and 287 and being the Residual 3.924 acres of land, of an original 9.206 acre tract as conveyed to L. Jack Ruscilli of record in Official Record 13359 E05, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for reference, at the centerline intersection of Wilson Road and Arlingate Lane, as delineated upon the recorded plat of "Dedication of Arlingate Lane and Wilson Road," of Plat Book 48, pages 90 and 91;
Thence South 55° 22' 35" West, with the centerline of said Arlingate Lane, a distance of 70.00 feet to a point;
Thence North 34° 25" West crossing said Arlingate Lane, a distance of 50.00 feet to an iron pin found in the westerly right-of-way line of said Arlingate Lane, said pin being the point of beginning for this description;
Thence South 55° 35" West, continuing with the westerly right-of-way line of said Arlingate Lane a distance of 20.00 feet to an iron pin found at a point of curvature;
Thence with a curve to the left having a central angle of 18° 49' 12", a radius of 300.43 feet, whose chord bears South 45° 57' 59" West, a chord distance of 98.24 feet to an iron pipe found at the northeasterly corner of a 4.910 acre tract as conveyed to Rothrock Real Estate, LLC, in Instrument Number 199912100318842;
Thence North 53° 26' 37: West, with the northerly line of said 4.910 acre tract a distance of 88.65 feet to an iron pin found;
Thence North 88° 00' 07" West, with the northerly line of said 4.910 acre tract a distance of 350.00 feet to an iron pin found in the easterly L/A right-of-way line of Interstate 270;
Thence with the easterly L/A right-of-way line of said interstate 270 the following two (2) courses:
1) North 01° 59' 53" East, a distance of 243.65 feet to an iron pin found;
2) North 03° 17' 27" East, a distance of 156.66 feet to an iron pin found at the southwesterly corner of a 5.282 acre tract conveyed to DSMF Properties, Inc. of record in Instrument Number 200006220123490;
Thence leaving the easterly L/A right-of-way line of said interstate 270 and along the southerly line of said 5.282 acre tract South 88° 34' 42" East, a distance of 322.13 feet to an iron pin found in the westerly right-of-way line of said Wilson Road;
Thence with the westerly right-of-way line of said Wilson Road the following four (4) courses:
1) South 07° 08' 22" East, a distance of 108.20 feet to an iron pin found;
2) North 83° 01' 22" East, a distance of 4.85 feet to an iron pin found;
3) South 34° 37' 25" East, a distance of 278.00 feet to an iron pin found at a point of curvature;
4) With a curve to the right having a central angle of 90° 00' 00", a radius of 30.00 feet, whose chord bears South 10° 22' 35" West, a chord distance of 42.43 feet to the point of beginning and containing 3.924 acres of land, more or less.
This description was prepared by Pomeroy & Associates, Ltd., Worthington, Ohio from existing records and field information. The basis of bearings is North 01° 59' 53" East for the easterly limited access right-of-way line of said interstate 270 and all other bearings calculated from this meridian. A drawing of this description is attached hereto and made a part hereof.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a single-family model home complex, or those uses permitted in the L-M, Limited Manufacturing District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "WILSON ROAD MODEL HOME SITE," drawn by EMH&T, Inc., dated November 22, 2005, and signed by Michael T. Shannon, attorney for the Applicant. The Zoning Site Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the Zoning Site Plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance is further conditioned upon the demolition of the model home structures within a one (1) year period from the termination of their use for home sale purposes.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.