Explanation
Council Variance Application: CV25-129
APPLICANT: Maryhaven Inc. c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 120; Columbus, OH 43207.
PROPOSED USE: Shared living facility.
FAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed a with shared living facility in the I, Institutional District, for the explicit use and management of Maryhaven, as approved by Ordinance #1281-01 (CV01-042). A new Council variance is required because the property will be changing ownership and will no longer meet the conditions of Ordinance #1281-01. The property will remain a shared living facility with no additions or exterior changes proposed. A variance to reduce required parking from 29 to 22 spaces is also included in this request. The requested Council variance will allow the existing shared living facility to remain at this location, without including specifics regarding ownership or management. The request is consistent with both the Far East Land Use Plan (2019), which recommends “Institutional” land uses and the Columbus Growth Strategy (2026), which recommends “Mixed Use 2” land uses at this location. The reduction in required parking is supportable for this particular use.
Title
To grant a Variance from the provisions of Sections 3349.03, Permitted uses; and 3312.49(C), Required parking, of the Columbus City Codes; for the property located at 100 NOE-BIXBY RD. (43213), to allow a shared living facility with reduced parking in the I, Institutional District, and to repeal Ordinance #1282-01 (CV01-042), passed September 24, 2001 (Council Variance #CV25-129).
Body
WHEREAS, by application #CV25-129, the owner of the property at 100 NOE-BIXBY RD. (43213), is requesting a Council variance to allow a shared living facility with reduced parking in the I, Institutional District; and
WHEREAS, Section 3349.03, Permitted uses, does not allow shared living facilities, while the applicant proposes to maintain the existing shared living facility, but without conditions related to ownership or management; and
WHEREAS, Section 3312.49(C), Required parking, requires one parking space per 400 square feet of shared living facility space, a total of 29 required parking spaces for approximately 11,900 square feet of facility space, while the applicant proposes 22 total parking spaces; and
WHEREAS, the Far East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because requested variance will allow a shared living facility in the I, Institutional District, consistent with the land uses recommended by both the Far East Land Use Plan and the Columbus Growth Strategy; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Zoning Clearance for the shared living facility; and
WHEREAS, said variances will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variances 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 100 NOE-BIXBY RD. (43213), 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 3349.03, Permitted uses; and 3312.49(C), Required parking, of the Columbus City Codes; is hereby granted for the property located at 100 NOE-BIXBY RD. (43213), insofar as said sections prohibit a shared living facility in the I, Institutional District, with reduced parking from 29 required to 22 provided spaces; said property being more particularly described as follows:
100 NOE-BIXBY RD. (43213), being 2.35± acres located on the east side of Noe-Bixby Road; 1,880± south of East Broad Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 3 of Township 12, Range 21, Refugee Lands and being part of the 50.65 acre tract conveyed to The Hawkes Hospital of Mt. Carmel Association, by Deed of record in Deed Book 468, page 65, all references being to records as follows:
Beginning at a railroad spike found in the centerline of Noe Bixby Road at the Southwesterly comer of said 50.65 acre tract, the northwesterly comer of the 13.92 acre tract conveyed to State of Ohio, by Deed of record in Deed Book 2557, page 65;
Thence along said centerline of Noe Bixby Road, North 4° 12' 51" East, 327.50 feet to a railroad spike in the southwesterly limited access, right-of-way line of Interstate Route 270 (as said right- of-way was conveyed to State of Ohio, by Deed of record in Deed Book 3229, page 643);
Thence along said right-of-way line of Interstate Route 270, South 58° 11' 22" East, 262.16 feet to an iron pin at an angle point in said line;
Thence continuing along said right-of-way line of Interstate Route 270, South 57° 38' 00" East,
441.95 feet to an iron pin in the northerly line of the State of Ohio 13.92 acre tract;
Thence along said line of the 13.92 acre tract, North 85° 33' 32' West, 622.00 feet to the place of beginning, containing 2.351 acres, 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 as a shared living facility, or those uses allowed in the I, Institutional District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Zoning Clearance for the shared living facility.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 5. That Ordinance #1282-01 (CV01-042), passed September 24, 2001, be and is hereby repealed.