Explanation
Council Variance Application: CV24-067
APPLICANT: Auntie Jaz’s Learning and Enrichment Center, c/o Theresa Smith; 1763 South Champion Avenue; Columbus, OH 43207
PROPOSED USE: Type A family child care home.
COLUMBUS SOUTH SIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two parcels, one undeveloped and the other developed with a single-unit dwelling in the R-2, Residential District. The requested Council variance proposes the dwelling to be used as a Type A family child care home, which is not an allowed use in the R-2 district. Since the primary use of the property will remain a single-unit dwelling, Staff has no objection to the requested use, which must comply with Ohio Revised Code requirements and be inspected by the Ohio Department of Job and Family Services. The request also includes variances to maneuvering, parking setback line, parking space, required parking, and side yard obstruction, all of which will enable parking in the dwelling’s driveway for drop-off and pick-up, and are supported by Staff.
Title
To grant a Variance from the provisions of Sections 3332.033, R-2, residential district; 3312.25, Maneuvering; 3312.27, Parking setback line; 3312.29, Parking space; 3312.49, Required parking; and 3332.28, Side yard obstruction, of the Columbus City Codes; for the property located at 1763 S. CHAMPION AVE. (43207), to allow a Type A family child care home with reduced development standards in the R-2, Residential District (Council Variance #CV24-067).
Body
WHEREAS, by application #CV24-067, the owner of the property at 1763 S. CHAMPION AVE. (43207), is requesting a Variance to allow a Type A family child care home with reduced development standards in the R-2, Residential District; and
WHEREAS, Section 3332.033, R-2, residential district, allows only Type B family child care homes, or child day care centers as accessory uses to a religious facility or school, while the applicant proposes to operate a Type A family child care home for a maximum of twelve children within an existing single-unit dwelling; and
WHEREAS, Section 3312.25, Maneuvering, requires every parking space to have sufficient access and maneuvering area anywhere on a lot, while the applicant proposes to allow maneuvering over and through stacked parking spaces in the existing driveway; and
WHEREAS, Section 3312.27, Parking setback line, requires a minimum 25 foot parking setback line from South Champion Avenue, while the applicant proposes a reduced parking setback of zero feet along South Champion Avenue; and
WHEREAS, Section 3312.29, Parking space, requires that a parking space shall be a rectangular area of not less than nine feet by 18 feet, exclusive of any driveway or other circulation area, while the applicant proposes stacked parking spaces in the driveway to count as required spaces; and
WHEREAS, Section 3312.49, Required parking, requires two parking spaces for the single-unit dwelling use, and one parking space per 500 square feet of day care facility space, a total requirement of five spaces, while the applicant proposes a total of four spaces; and
WHEREAS, Section 3332.28, Side or rear yard obstruction, requires the area in the side or rear yard to be open from the finished grade to the sky, while the applicant proposes four parking spaces to encroach into the southern side yard; and
WHEREAS, the Columbus South Side Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the primary use of the property will remain a single-unit dwelling, and Staff has no objection to the requested Type A family day-care home; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed Type A family child care home; 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 1763 S. CHAMPION AVE. (43207), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is hereby granted from the provisions of Sections 3332.033, R-2, residential district; 3312.25, Maneuvering; 3312.27, Parking setback line; 3312.29, Parking space; 3312.49, Required parking; and 3332.28, Side or rear yard obstruction, of the Columbus City Codes; for the property located at 1763 S. CHAMPION AVE. (43207), insofar as said sections prohibit a Type A family child care home in the R-2, Residential District; with maneuvering over and through stacked parking spaces in the existing driveway; a reduced parking setback from 25 to zero feet from South Champion Avenue; stacked parking spaces in the driveway counting as required spaces; a parking space reduction from five required spaces to four spaces; and a southern side yard obstruction for four parking spaces in the existing driveway; said property being more particularly described as follows:
1763 S. CHAMPION AVE. (43207), being 0.27± acres located on the west side of South Champion Avenue, 200± feet north of Smith Road:
Situated in the State of Ohio, County of Franklin.
Being in Half Section 40, Township 5, Range 22, Refugee Lands, and being a part of a 14.31-acre tract conveyed by Deed of John A. Hawthorne to W.I. Lawrence, as the same is shown of the record in Deed Book 621, page 564, Recorder’s Office, Franklin County, Ohio, the herein described part, with other lands, being later transferred to heirs of W.I. Lawrence by will, recorded in Will Record 24, pageb156, Franklin County Records, and being more particularly described as follows:
Beginning at a point in the west line of a sixteen foot alley shown on the plat of W.I. Lawrence’s Champion Avenue Subdivision, as the same is shown of record in Plat Book 20, page 35, Recorder’s Office, Franklin County, said point being at the intersection of said west line with the south line of Lot No.12, in said subdivision produced westerly; thence westerly, with said south line produced 76.01 feet to a point in the west line above mentioned 13.31 acre tract; thence with said west line, northerly 50 feet to the intersection of said west line with said south line of LOT No. 11in said subdivision produced westerly; thence with said last mentioned line, easterly 75.83 feet to the west line above mentioned sixteen foot alley; thence with said line, southerly 50 feet to place of beginning, containing 3785 square feet.
Being Lot Number Twelve (12) in W.I. Lawrence’s Champion Avenue Subdivision as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 20 page 35 Recorder’s Office, Franklin County, Ohio
Permanent Parcel: 010-112174-00 and 010-115385-00
Property Address: 1763 S. Champion Ave, Columbus, Ohio 43207
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a Type A family child care home in conjunction with a single-unit dwelling, or those uses allowed in the R-2, Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed Type A family child care home.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.