Explanation
Council Variance Application: CV24-145
APPLICANT: Brittany Glenn; 337 Linwood Avenue; Columbus, OH 43205.
PROPOSED USE: Type A family child care home.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling in the R-3, Residential District. The Applicant requests a Council variance to allow a Type A family child care home, which is prohibited in the R-3 district. A variance to reduce the required parking from six to two spaces is also included in this request. The site is located within the planning boundaries of the Near East Area Plan (2005), which does not have a specific land use recommendation at this location. Since the primary use of the property will remain a single-unit dwelling, Staff supports the requested Type "A" family child care home, which must comply with Ohio Revised Code requirements.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, residential district; and 3312.49, Required parking, of the Columbus City Codes; for the property located at 337 LINWOOD AVE. (43205), to allow a Type A family child care home with reduced parking in the R-3, Residential District (Council Variance #CV24-145).
Body
WHEREAS, by application #CV24-145, the owner of property at 337 LINWOOD AVE. (43205), is requesting a Council variance to allow a Type A family child care home with reduced parking in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, allows only Type B family child care homes for up to six children, 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, with a maximum of 12 children, within an existing single-unit dwelling; 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 child-care facility space, a total requirement of six spaces, while the applicant proposes to maintain two parking spaces; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the request will not introduce an incompatible use to the area, and the primary use of the property will remain a single-unit dwelling; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Zoning Clearance 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 337 LINWOOD AVE. (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; and 3312.49, Required parking, of the Columbus City Codes; is hereby granted for the property located at 337 LINWOOD AVE. (43205), insofar as said sections prohibit a Type A family child care home within a single-unit dwelling in the R-4, Residential District, with a parking space reduction from six required spaces to two spaces; said property being more particularly described as follows:
337 LINWOOD AVE. (43205), being 0.10± acres located on the west side of Linwood Avenue, and 448± north of East Main Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being part of a 3 2/3-acre tract of land conveyed by Mac Lee Wilson and others to Amor W. Sharp by deed dated November 6, 1895 and recorded In Deed Book 278, Page 277, Recorder's Office, Franklin County, Ohio, and being Parcel No. 8 of Sharp's Parcels in said city, as the same Is numbered and delineated on a plat on file in the Office of the Auditor of Franklin County, Ohio, in Plat Book No. 4, al page 268, and being bounded as follows:
Beginning at an iron pin in the West line of Linwood Avenue, said pin being 445.65 feet from an Iron pin the intersection of the West line of Linwood Avenue with the North line of Main Street, and being 437 feet Southerly from an iron pin at the Intersection of the West line of Linwood Avenue with the South line of Bryden Road, thence Northerly with the West line of Linwood Avenue thirty-five (35) feet to an iron pin at the Northeast corner of said Parcel No. 8; thence Westerly at right angles with the West line of Linwood Avenue, one hundred and twenty-nine and nine-tenths (129.9) feet to an iron pin in the East line of Lee Alley at the Northwest corner of said Parcel No. 8; thence Southerly with the East line of said Lee Alley 35 feet to an iron pin at the Southwest corner of said parcel; thence Easterly at right angles with the West line of Linwood Avenue 129.9 feet to the place of beginning.
Parcel No.: 010-010368
Address: 337 Linwood Avenue, Columbus, OH 43205
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-3, Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Zoning Clearance 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.