Explanation
Council Variance Application: CV24-134
APPLICANT: Ryagen Reggins; 1218 East 19th Avenue; Columbus, OH 43227.
SOUTH LINDEN AREA COMMISSION RECOMMENDATION: Approval.
PROPOSED USE: Type A family child care home.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling in the R-3, Residential District. The requested Council variance will allow the existing dwelling to be used as a Type A family child care home. A Council variance is required because the R-3 district does not allow a Type A family child care home, while the applicant proposes such a use. A variance to maintain reduced required parking from four spaces to zero spaces is also included in this request. The site is located within the planning boundaries of the South Linden Land Use Plan (2018), which recommends “Medium Density Residential (10-16 du/acre)” land uses at this location and is subject to Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). Since the primary use of the property will remain a single-unit dwelling, Staff has no objection to the requested Type A family child care home, which must also comply with Ohio Revised Code requirements and be inspected as required by the State of Ohio.
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 1218 E. 19TH AVE. (43211), to allow a Type A family child care home with reduced parking in the R-3, Residential District (Council Variance #CV24-134).
Body
WHEREAS, by application #CV24-134, the owner of property at 1218 E. 19TH AVE. (43211), 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 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 12 children, within a 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 four spaces, while the applicant proposes to maintain zero parking spaces; and
WHEREAS, the South Linden 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 1218 E. 19TH AVE. (43211) 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 3332.033, R-2, residential district; and 3312.49, Required parking, of the Columbus City Codes; is hereby granted for the property located at 1218 E. 19TH AVE. (43211), insofar as said sections prohibit a Type A family child care home within a single-unit dwelling in the R-3, Residential District, and maintain a parking space reduction from four required spaces to zero spaces; said property being more particularly described as follows:
1218 E. 19TH AVE. (43211), being 0.11± acres located on the north side of East 19th Avenue, 240± feet west of Cleveland Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of FRANKLIN, and in the City of Columbus:
Being LOT NUMBER Fifteen (15) in RICHMOND SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 12, Page 29, Recorder’s Office, FRANKLIN County, Ohio.
Address: 1218 E. 19th Avenue, Columbus, OH 43211
Parcel Number: 010-076443
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.