Explanation
Council Variance Application: CV23-043
APPLICANT: DBT Group, LLC; c/o Craig Moncrief, Atty.; Plank Law Firm, LPA; 411 East Town Street, Second Floor; Columbus, OH 43215.
PROPOSED USE: Animal boarding facility with outside runs.
WEST SCIOTO AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a commercial warehouse building in the M-2, Manufacturing District. The applicant requests a Council variance to permit an animal boarding facility, which is only permitted in the M, and M-1 districts. The applicant has also filed a Special Permit (BZA23-054) for the outdoor runs. The site is within the planning boundaries of the Trabue/Roberts Area Plan (2011), which recommends “Light Industrial” uses at this location, consistent with the requested commercial use. Additionally, this request does not result in the addition of incompatible uses to the area.
Title
To grant a Variance from the provisions of Sections 3367.01, M-2 manufacturing district; 3367.15(C)(D), M-2 manufacturing district special provisions; and 3389.032, Animal kennel or animal shelter, of the Columbus City Codes; for the property located at 2910 SCIOTO DARBY EXECUTIVE CT. (43026), to permit animal boarding with outside runs in the M-2, Manufacturing District and to declare an emergency. (Council Variance #CV23-043).
Body
WHEREAS, by application #CV23-043, the owner of property at 2910 SCIOTO DARBY EXECUTIVE CT. (43026), is requesting a Council Variance to permit animal boarding with outside runs in the M-2, Manufacturing District; and
WHEREAS, Section 3367.01, M-2, Manufacturing district, prohibits pet boarding facility uses, while the applicant proposes a pet boarding facility with outdoor runs; and
WHEREAS, 3367.15(C)(D), M-2, manufacturing district special provisions, requires a minimum 50 foot landscaped parking and building setback line from Scioto Darby Executive Court, and that no portion of the 50 foot landscaped buffer be used for off-site parking, while the applicant proposes two paved parking spaces and the associated maneuvering area no less than 27 feet from Scioto Darby Executive Court, as shown on the submitted site plan; and
WHEREAS, Section 3389.032, Animal kennel or animal shelter, requires a Special Permit for an animal shelter with outdoor runs, cages, or structures for open air confinement of animals and allows such a shelter to be located only in an M or M-1 Manufacturing District, while the applicant proposes a pet boarding facility with outside runs in the M-2, Manufacturing District with a Special Permit; and
WHEREAS, the West Scioto Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the animal boarding facility is consistent with the Trabue/Roberts Area Plan land use recommendation and neighboring manufacturing development pattern; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 owner of the property located at 2910 SCIOTO DARBY EXECUTIVE CT. (43026), in using said property as desired; now, therefore:; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus on that it is immediately necessary to pass this ordinance due to the need for the special permit application to go before the BZA on July 25, 2023 and the client can obtain the proper entitlements prior to the expiration date of the contract's due diligence period for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3367.01, M-2 manufacturing district; 3367.15(C)(D), M-2 manufacturing district special provisions; and 3389.032, Animal kennel or animal shelter, of the Columbus City Codes, is hereby granted for the property located at 2910 SCIOTO DARBY EXECUTIVE CT. (43026), insofar as said sections prohibit a pet boarding facility with outdoor runs in the M-2, Manufacturing District with a special permit; and a reduced front landscape buffer from 50 feet to 27 feet, with two parking spaces and maneuvering area in said buffer, said property being more particularly described as follows:
2910 SCIOTO DARBY EXECUTIVE CT. (43026), being 1.00± acre located on the east side of Scioto Darby Executive Court, 330± feet north of Scioto Darby Creek Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Virginia Military Survey No. 547, and being 1.000 acre of that tract conveyed to Standard Development Company by deed of record in Official Record 18070E05, all references being to those of record in the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning for reference at the intersection of Scioto-Darby Creek Road and the westerly right-of-way line of Conrail;
Thence North 40° 59' 49" West, along the said westerly right-of-way line of Conrail, a distance of 392.66 feet to an iron pin and the true place of beginning;
Thence South 66° 16' 28" West, a distance of 185.41 feet to an iron pin in the easterly right-of-way line of Scioto-Darby Executive Court as shown of record in Plat Book 73, Page 78;
Thence North 9° 39' 02" West, along the said easterly right-of-way line, a distance of 92.86 feet to an iron pin in the arc of the curve to the left;
Thence in a northwesterly direction along the arc of said curve to the left and the said easterly
right-of-way line (Delta= 31° 20' 47", Radius - 745.00 feet), a chord bearing and distance of North 25° 19' 25" West, 402.52 feet to an iron pin at the point of tangency;
Thence North 40° 59' 49" West, continuing along the said easterly right-of-way line of Scioto-Darby Executive Court, a distance of 260.00 feet to an iron pin at the southeasterly corner of that tract conveyed to Pauline L. Delp, by deed of record in Official Record 21746B19;
Thence North 49° 00' 11" East, along the southerly line of the said Delp tract, a distance of 20.00 feet to an iron pin in the westerly right-of-way line of said Conrail;
Thence South 40° 59' 49" East, along the said westerly right-of-way line, a distance of 781.91 feet to the place of beginning, containing 1.000 acre, more or less.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for pet boarding with outdoor runs or those uses permitted in the M-2, Manufacturing District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with a the site plan titled, "EXHIBIT SITE PLAN," dated June 16, 2023, and signed by Craig Moncrief, Attorney for the applicant. The 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 Plans shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the completion of Special Permit Application #BZA23-054.
SECTION 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 6. 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.