Explanation
Council Variance Application: CV04-024
APPLICANT: David L. Waller; 1468 London-Groveport Road; Lockbourne, Ohio 43137.
PROPOSED USE: To conform an existing single-family dwelling in the M, Manufacturing District.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with two single-family dwellings. The applicant is requesting a Council Variance to conform one of the existing single-family dwellings and to expand it with a 1,558 square-foot addition in the M, Manufacturing District. A Council variance is necessary in that single-family dwellings are prohibited in the M, Manufacturing District, and non-conforming structures cannot be expanded by greater than 50% of the square footage of the existing structure without a Council variance. The site is surrounded by agricultural uses and rural residential development either in the M, Manufacturing District or in Hamilton Township. The site lies within the planning area of the South Central Accord (2000), which recommends industrial uses for this location. A deviation from the Plan is accepted because the existing dwelling is non-conforming, and expands only the size of the structure and not the land acreage, and will have minimal impact on the surrounding area. A hardship exists in that the applicant cannot expand and improve the existing dwelling without a Council variance.
Title
To grant a Variance from the provisions of Section 3363.01, M-Manufacturing district of the Columbus City codes for the property located at 1345 LONDON-GROVEPORT ROAD (43137), to conform an existing single-family dwelling in the M, Manufacturing District (Council Variance # CV04-024).
Body
WHEREAS, by application No. CV04-024, the owner of property at 1345 LONDON-GROVEPORT ROAD (43137), is requesting a Council variance to conform an existing single-family dwelling and to permit a 1,558 square foot addition in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M-manufacturing district, prohibits single-family dwelling use, while the applicant proposes to make an existing single-family dwelling a conforming use on the property and expand it with a 1,558 square-foot addition; and
WHEREAS, City Departments recommend approval and note a hardship exists because the site is developed with two non-conforming single-family dwellings, and the request to conform one of the existing single-family dwellings and to permit a 1,558 square-foot addition in the M, Manufacturing District is prohibited without a Council variance. The site is surrounded by agricultural uses and rural residential development either in the M, Manufacturing District or in Hamilton Township. A deviation from the South Central Accord (2000) recommendation for industrial uses is accepted because the existing dwelling is non-conforming, and expands only the size of the structure and not the land acreage, and will have minimal impact on the surrounding 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 1345 LONDON-GROVEPORT ROAD (43137), 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 Section 3363.01, M-manufacturing district of the Columbus City Codes is hereby granted for the property located at 1345 LONDON-GROVEPORT ROAD (43137), insofar that said sections prohibit a single-family dwelling in the M, Manufacturing District; said property being more particularly described as follows:
1345 LONDON- GROVEPORT ROAD (43137), being 0.99± acres located on the south side of London-Groveport Road, 2,275± feet east of Lockbourne Road:
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
Situated in the State of Ohio, County of Franklin, Township of Hamilton, and being a part of Section 2 Township 3 North, Range 22 West, Congress Lands, and being all of a 0.993 acre tract as conveyed to Paul R. Prushing and Isabel C. Prushing by deed of record in Official Record 22198 D 02, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at a pint of reference, being the said Franklin County Engineer Monument No. 3322;
Thence South 86 degrees 28 minutes 29 seconds East, a distance of 2124.37 feet, along the south line of said Section 35, along the north line of said Section 2, along the southerly line of the said 106 acre tract, and also along the centerline of State Route 317 to a R.R. Spike (Set), said spike being the northwesterly corner of the said 0.993 acre tract, said spike also being the northeasterly corner of said 15.3 acre tract (Parcel Two) Lot 1, and said spike also being the True Point of Beginning of the herein described tract of land:
Thence South 86 degrees 28 minutes 29 seconds East, a distance of 208.00 feet, along the northerly line of said 0.993 acre tract, continuing along the southerly line of said 106 acre tract, continuing along the south line of said Section 35, continuing along the north line of said Section 2, and also continuing along the north line of said Section 2, and also continuing along said centerline of said State Route 317 to a point, and staid point also being the northeasterly corner of said 0.993 acre tract;
Thence South 03 degrees 39 minutes 10 seconds West, a distance of 208.00 feet, along the easterly line of the said 0.993 acre tract to a point, and said point being also the southeasterly corner of said 0.993 acre tract;
Thence North 86 degrees 28 minutes 29 seconds West, a distance of 208.00 feet, along the southerly line of the said 0.993 acre tract to a point, said point being the southwesterly corner of the said 0.993 acre tract, said point being in the westerly line of the said 18 acre (First Tract) Lot 2, and said point being also in the easterly line of the said 15.3 acre tract (Parcel Two) Lot 1;
Thence North 03 degrees 39 minutes 10 seconds East, a distance of 208.00 feet, along the westerly line of the aid 0.993 acre tract, along the westerly line of the said 18 acre tract (First Tract) Lot 2, and also along the easterly line of the said 15.3 acre tract (Parcel Two) Lot 1 to the True Point of Beginning, containing 0.993 acres, more or less, subject to all easements, restrictions and rights-of-way of record.
The bearings shown herein were transferred from a GPS survey of the Franklin county Monuments FCGS 9930 and FCGS 9927 performed by the Franklin County Engineer's Office, and is based on the NAD83 Ohio State Plane Coordinate System, South Zone, and determines the centerline of Shook Road as being (N03 degrees 37' 38" E).
This description is based on a field survey made by Woolpert, Columbus, Ohio in December 1994, and 1995, by Donald
K. Tackett, Reg. Surveyor No. 7295.
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 dwelling, or those uses permitted in the M, Manufacturing District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "ADDITION FOR 1345 LONDON-GROVEPORT ROAD", dated September 2, 2004 and signed by David Waller, applicant. The 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 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 shall take effect and be in force from and after the earliest period allowed by law.