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File #: 0662-2009    Version: 1
Type: Ordinance Status: Passed
File created: 4/24/2009 In control: Zoning Committee
On agenda: 6/22/2009 Final action: 6/22/2009
Title: To grant a Variance from the provisions of Sections 3332.035, R-3, Residential District; 3332.18 (D), Basis of computing area; 3332.21, Building lines; 3332.27, Rear yard; 3342.28, Minimum number of parking spaces required; and 3342.29, Minimum number of loading spaces required, of the Columbus City Codes, for the property located at 657 SOUTH OHIO AVENUE (43205), to permit a youth and family services center with reduced development standards in the R-3, Residential District (Council Variance # CV08-041).
Attachments: 1. ORD0662-2009Attachments.pdf, 2. ORD0662-2009Labels.pdf, 3. ORD0662-2009DataSheet.pdf, 4. Notice Of Public Hearing - Council Mtg.pdf
Explanation
 
Council Variance Application # CV08-041
 
APPLICANT:  Directions for Youth & Families; c/o Robert Davis, Architect; 1466 Manning Parkway; Powell, Ohio 43065.
 
PROPOSED USE:  Youth and family services center.
 
LIVINGSTON AVENUE AREA COMMISSION RECOMMENDATION: Approval.
 
HISTORIC RESOURCES COMMISSION RECOMMENDATION: Approval.
                                                                                 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.   The site is developed with a nonconforming youth and family services center and is zoned in the R-3, Residential District.   The building was originally constructed in 1959 as a parish center, and is currently leased to the applicant as a youth center by the City of Columbus.  The center includes counseling, educational, recreational, and general office uses.  The applicant is requesting a Council variance to conform the existing building and to allow an addition for a new entrance and elevator to comply with ADA requirements.  The site is located within the boundaries of The Near Southside Plan (1997) which recommends that institutional uses maintain the residential and historic character of the neighborhood.  The proposed addition has been approved by the Historic Resources Commission.
 
Title
 
To grant a Variance from the provisions of Sections 3332.035, R-3, Residential District; 3332.18 (D), Basis of computing area; 3332.21, Building lines; 3332.27, Rear yard; 3342.28, Minimum number of parking spaces required; and 3342.29, Minimum number of loading spaces required, of the Columbus City Codes, for the property located at 657 SOUTH OHIO AVENUE (43205), to permit a youth and family services center with reduced development standards in the R-3, Residential District (Council Variance # CV08-041).
 
Body
 
 
WHEREAS, by application #CV08-041, the owner of property at 657 SOUTH OHIO AVENUE (43205), is requesting a Variance to permit a youth and family services center with reduced development standards in the R-3, Residential District; and
 
WHEREAS, Section 3332.035, R-3, Residential District, does not permit a youth center including counseling, educational, recreational and general office uses, while the applicant proposes to establish a youth and family services center in a building that was formerly used as a parish center with reduced development standards; and
 
WHEREAS, Section 3332.18 (D), Basis of computing area, requires that no dwelling shall occupy greater than fifty (50) percent of the lot area, while the applicant proposes no dwelling and will expand the existing nonconforming lot coverage of the building with a new entrance as depicted on the site plan; and
 
WHEREAS, Section 3332.21, Building lines, requires the setback to be the average distance of building setbacks on contiguous lots or parcels, but in no case less than ten (10) feet, while the applicant proposes a zero (0) foot building line along South Ohio Avenue; and   
 
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes a rear yard of 5.95% as shown on the site plan; and
 
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires twelve (12) parking spaces for classroom use, fifty-nine (58) parking spaces for general office use, and one hundred ninety-nine (199) parking spaces for assembly use, or two-hundred sixty-nine (269) total parking spaces, while the applicant proposes to maintain zero (0) parking spaces; and
 
WHEREAS, Section 3342.29, Minimum number of loading spaces required, requires that office and institutional buildings that are twenty thousand (20,000) square feet or more but less than one hundred thousand (100,000) square feet provide one loading space, while the applicant proposes to maintain zero (0) loading spaces for the existing building; and  
 
WHEREAS, this variance will permit a youth and family services center with reduced development standards in the R-3, Residential District; and
 
WHEREAS, the Livingston Avenue Area Commission recommends approval; and
 
WHEREAS, the Historic Resources Commission recommends approval; and
 
WHEREAS, City Departments recommend approval because the requested variance would conform an existing youth and family service center and allow an addition for a new entrance and elevator to comply with ADA requirements.  The site is located within the boundaries of The Near Southside Plan (1997) which recommends that institutional uses maintain the residential and historic character of the neighborhood.  The proposed addition has been approved by the Historic Resources Commission; 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 657 SOUTH OHIO AVENUE (43205), 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 3332.035, R-3, Residential District; 3332.18 (D), Basis of computing area; 3332.21, Building lines; 3332.27, Rear yard; 3342.28, Minimum number of parking spaces required; and 3342.29, Minimum number of loading spaces required, of the Columbus City Codes; is hereby granted for the property located at 657 SOUTH OHIO AVENUE (43205), insofar as said sections prohibit a youth and family services center with a greater than 50% lot coverage, a 0-foot building line along South Ohio Avenue, a 5.95%  rear yard, a parking space reduction from 269 spaces to 0 spaces, and a loading space reduction from 1 space to 0 spaces; said property being more particularly described as follows:
 
657 SOUTH OHIO AVENUE (43205), being 0.42± acres located at the northwest corner of South Ohio Avenue and Newton Street and being more particularly described as follows:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Half Section 23, Township 5, Range 22, Refugee Lands, being all of Lot Numbers 73, 74, and 75 of record in the plat of Rodenfels & Falkenbach's Subdivision of Geo. J. Rodenfels Subdivision of Joseph Falkenbach Assignee Subdivision, Plat Book 3, Page 365, Recorder's Office, Franklin County, Ohio and being that tract of land as conveyed to City of Columbus, Ohio by deed of record in Official Record 692j12, Recorder's Office, Franklin County, Ohio and being more particularly bounded and described as follows:
 
Beginning at a 3/4" iron pipe (set) at the intersection of the west right-of-way line of South Ohio Avenue (60 feet wide) with the north right-of-way line of Newton Street (50 Feet Wide) and said iron pipe being the southeast corner of the said Lot 75;
 
Thence North 86 degrees 08 minutes 06 seconds West, a distance of 150.04 feet along the north right-of-way line of said Newton street and also along the south line of the said Lot 75 to a pk nail (set) at the southwest corner of said Lot 75 and said pk nail being at the intersection of the north right-of-way line of said Newton Street with the east right-of-way line of Granger Alley (20 feet wide);
 
Thence North 3 degrees 45 minutes 04 seconds East, a distance of 123.17 feet along the west line of the said Lots 75, 74, and 73, and also along the east right-of-way line of said Granger Alley to a point (said point being referenced by a 1/2" iron pipe found at North 24 degrees 01 minutes 23 seconds East, 1.09 Feet) at the northwest corner of the said Lot 73;
 
Thence South 86 degrees 07 minutes 33 seconds East, a distance of 149.99 feet along the north line of the said Lot 73 to a 3/4" iron pipe (set) (a 3/4" iron pipe found at North 84 degrees 42 minutes 41 seconds East, 5.10 Feet) at the northeast corner of the said Lot 73 and said iron pipe (set) being also in the west right-of-way line of said South Ohio Avenue;
 
Thence South 3 degrees 43 minutes 38 seconds West, a distance of 123.15 feet along the east line of the said Lots 73, 74, And 75 and also along the west right-of-way line of said South Ohio Avenue to the point of beginning, containing 0.424 acres, more or less, subject to all easements, restrictions, and rights-of-way of record. bearings are based on the grid bearing of South 87 degrees 56 minutes 16 seconds East between Franklin County Monument "Frank43" and its Azmith Mark, Franklin County Monument "Frank143".
 
Description based upon deeds and plats of record in the Recorder's Office, Franklin County, Ohio and previous surveys of record in the Franklin County Engineer's Office, Franklin County, Ohio. A field survey of the premises was performed by Matmar, Inc., Columbus, Ohio in July, 2008.
 
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used a youth and family services center including counseling, educational, recreational, and general office uses, or those uses permitted in the R-3, Residential District.
 
SECTION 3.  That this ordinance is further conditioned on the Subject Site being developed in general conformance with the sit plan titled, "OHIO AVENUE ADDITION/RENOVATION," drawn by Davis Wince Architecture, Ltd., dated April 15, 2009 and signed by Robert S. Davis, Architect/Agent for the Applicant.  The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and completion of engineering plans.  Any slight adjustment to the plan shall be reviewed and may be approved 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 shall take effect and be in force from and after the earliest period allowed by law.