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File #: 1851-2016    Version: 1
Type: Ordinance Status: Passed
File created: 6/29/2016 In control: Zoning Committee
On agenda: 7/18/2016 Final action: 7/21/2016
Title: To grant a Variance from the provisions of Section 3333.02 ARLD, Apartment residential district uses, of the Columbus City Codes; for the property located at 5560 CHANTRY DRIVE (43232), to permit an accessory medical office suite within an apartment complex in the L-AR-12, Limited Apartment District (Council Variance # CV16-042).
Attachments: 1. ORD1851-2016.Attachments, 2. ORD1851-2016.Labels

Explanation

 

Council Variance Application:  CV16-042

 

APPLICANT:  Christopher Bruzzese; 1398 Goodale Boulevard; Columbus, OH  43212.

 

PROPOSED USE:  Medical office as an accessory use within an apartment complex.

 

FAR EAST AREA COMMISSION RECOMMENDATION: Approval.

 

CITY DEPARTMENTS' RECOMMENDATION:  Approval. The site is developed with a 100-unit supportive housing apartment complex for formerly homeless and/or low income families and is zoned in the L-AR-12, Limited Apartment Residential District. The applicant proposes to convert part of the club house building into a medical office suite to serve the residents of the complex. Staff supports this request noting that the addition of a small on-site medical office to improve the quality of life for residents of an existing supportive housing complex will not introduce an inappropriate or incompatible use to the area. 

 

Title

 

To grant a Variance from the provisions of Section 3333.02 ARLD, Apartment residential district uses, of the Columbus City Codes; for the property located at 5560 CHANTRY DRIVE (43232), to permit an accessory medical office suite within an apartment complex in the L-AR-12, Limited Apartment District (Council Variance # CV16-042).

 

Body

 

WHEREAS, by application No. CV16-042, the owner of property at 5560 CHANTRY DRIVE (43232), is requesting a Council variance to permit an accessory medical office suite within an apartment complex in the L-AR-12, Limited Apartment District; and

 

WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, prohibits accessory institutional uses in the AR-12, Apartment Residential District, while the applicant proposes an on-site medical office suite to serve the residents of an apartment complex; and

 

WHEREAS, the Far East Area Commission recommends approval; and

 

WHEREAS, City Departments recommend approval of the requested variance because the proposed medical office suite will provide a much-needed service to the residents of the apartment complex. The addition of this small institutional-type use will not introduce an inappropriate or incompatible use to the area; 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 5560 CHANTRY DRIVE (43232), 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 Section 3333.02 AR-12, ARLD, and AR-1, apartment residential district uses, of the Columbus City Codes, is hereby granted for the property located at 5560 CHANTRY DRIVE (43232), in that said section prohibits a medical office suite as an accessory use within an apartment complex in the AR-12, Apartment Residential District; said property being more particularly described as follows:

 

5560 CHANTRY DRIVE (43232), being 7.23± acres located at the northeast corner of Chantry Drive and Park Crescent Drive, and being more particularly described as follows:

 

Situated in the City of Columbus, County of Franklin, State of Ohio; also being located in Half

Section 46, Section 26, Township 12, Range 21, Refugee Lands, and being part of those lands as

conveyed to Western Land Investment Company as described in Deed Book 3003, Page 446,

Parcel No. 1, and being more particularly described as follows:

 

Commencing at the intersection of the centerline of Park Crescent (80’ wide right-of-way) and the centerline of Chantry Drive (80’ wide right-of-way); thence

Along the centerline of Park Crescent North 30˚37’24” East, three hundred twenty-two and sixty-two one-hundredths feet (322.62’) to a point; thence

Along a line measured at a right angle to the centerline of Park Crescent, South 59˚ 22’ 36” East, forty and zero one-hundredths feet (40.00’) to a 1” iron pipe found along the easterly line of Park

Crescent, said point being the southwesterly corner of a 4.702 acre tract, lands as conveyed to H.

Bert Lindsay as described in Official Record 34953 Page F-20, said point also being the True

Point of Beginning, and from said beginning point running thence,

Along the southerly line of said 4.702 acre tract, South 59˚ 21’ 49” East, five hundred twenty and sixty-three one-hundredths feet (520.63’) to a ¾” iron pipe found, said point being the

southeasterly corner of said Lindsay, said point being the southerly-most corner of a 6.673 acre

tract, lands as conveyed to The Board of Education of the City School District of Columbus, Ohio as described in Deed Book 3044 Page 431; thence,

Along the southerly line of said 6.673 acre tract, South 86˚ 10’ 30” East three hundred ninety-nine and eighty one-hundredths feet (399.80’) to an iron pin set, said point being the southeasterly corner of said 6.673 acre tract, said point also being along the westerly line of a 20.215 acre tract, lands as conveyed to Columbus Chantry Properties LLC as described in Instrument No.200406250147824, said point also being along the division line between Half Section 45 and Half Section 46; thence,

 

Along a portion of the westerly line of said 20.215 acre tract, also being along the division line between Half Section 45 and Half Section 46, South 03˚ 49’ 42” West, three hundred ninety-five and seventy-two one-hundredths feet (395.72’) to an iron pin set, said point being the southwesterly corner of said 20.215 acre tract, said point also being along the division line between Half Section 45 and Half Section 46, said point also being along the northerly line of Chantry Drive; thence, the following four courses along the northerly line of Chantry Drive,

 

North 86˚ 10’ 30” West fifty-three and fifty-four one-hundredths feet (53.54’) to an iron pin set at a point of curvature; thence,

 

Along a curve to the right having an arc length of 371.84’, a radius of 795.00’, a delta angle of 26˚47’ 54”, and a chord that bears North 72˚ 46’ 33” West for a distance of three hundred sixty-eight and forty-six one-hundredths feet (368.46’) to a point witnessed by a 1” iron pipe bearing South 41˚ 15' 45" East 0.78’ from said point; thence,

North 59˚ 22’ 36” West, five hundred sixty-nine and sixty-seven one-hundredths feet (569.67’) to an iron pin set at a point of curvature; thence,

 

Along a curve to the right having an arc length of 125.66’, a radius of 80.00’, a delta angle of 90˚ 00’ 00”, and a chord that bears North 14˚ 22’ 36” West for a distance of one hundred thirteen and fourteen one-hundredths feet (113.14’) to an iron pin set, said point being along the easterly line of Park Crescent; thence,

Along the easterly line of Park Crescent North 30˚ 37’ 24” East, two hundred two and sixty-two

one-hundredths feet (202.62’) to the point of beginning containing 7.234 acres of land, more or less.

 

All iron pins set are 30” long, 5/8” diameter rebar with plastic identifier caps stamped

“KLEINGERS & ASSOC”.

 

Subject to any easements, restrictions, covenants, ordinances, or agreements of record.

 

The above description was prepared by Michael L. Keller, Professional Surveyor, Ohio License No. 7978, based on an actual field survey performed by Kleingers & Associates in November, 2004.

 

Basis of bearings of the above-described courses is the centerline of Chantry Drive as delineated in Plat Book 46 Page 52.

 

Parcel No: 010-274088

 

Known As: 5560 Chantry Drive, Columbus 43232

 

SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an accessory medical office suite within an apartment complex, or those uses permitted in the L-AR-12, Limited Apartment Residential District as permitted by Ord. No. 0539-2005 (Rezoning Application Z02-107A)

 

SECTION 3.  That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.

 

SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.