Explanation
Council Variance Application: CV10-018
APPLICANT: Sigma Racing Technologies, Corp.; c/o C. Bernard Brush; 5530 Columbia Road; Pataskala, OH 43062.
PROPOSED USE: Automotive maintenance and repair.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a storage building zoned in the M-2, Manufacturing District. The applicant requests a Council variance to allow the building to be used for automotive maintenance and repair (no auto-body) in conjunction with assembling and manufacturing automotive racing parts and systems for performance cars. All activities will be conducted inside the building. Automotive maintenance and repair facilities are not permitted in the M-2, Manufacturing District, but assembly, manufacturing, processing, and treatment of automobiles and automotive parts is permitted. Furthermore, the M-2 District allows bus garages and truck depots where routine vehicle maintenance is permitted. The automotive maintenance and repair proposed for this site is less intense than the maintenance of a fleet of buses or trucks. Approval of this request will not introduce an incompatible use to the area. No recommendation is being made regarding the hardship aspect of this request.
Title
To grant a Variance from the provisions of Section 3367.01, M-2, Manufacturing district, of the Columbus City Codes, for the property located at 3130 SCIOTO DARBY EXECUTIVE COURT (43026), to permit automotive maintenance and repair in the M-2, Manufacturing District (Council Variance CV10-018).
Body
WHEREAS, by application No. CV10-018, the owner of the property at 3130 SCIOTO DARBY EXECUTIVE COURT (43026), is requesting a Council Variance to permit automotive maintenance and repair in the M-2, Manufacturing District; and
WHEREAS, Section 3367.01, M-2, Manufacturing district, prohibits automotive maintenance and repair facilities, while the applicant proposes to use an existing storage building for automotive maintenance and repair (no auto-body) in conjunction with assembling and manufacturing automotive racing parts and systems for performance cars; and
WHEREAS, City Departments recommend approval because although automotive maintenance and repair facilities are not permitted in the M-2, Manufacturing District, assembly, manufacturing, processing, and treatment of automobiles and automotive parts is permitted. Furthermore, the M-2 District allows bus garages and truck depots where routine vehicle maintenance is permitted. The automotive maintenance and repair proposed for this site is much intense than the maintenance of a fleet of buses or trucks, and approval of this request will not introduce an 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 3130 SCIOTO DARBY EXECUTIVE COURT (43026), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is granted from the provisions of Section 3367.01, M-2, Manufacturing district, of the Columbus City Codes, for the property located at 3130 SCIOTO DARBY EXECUTIVE COURT (43026), insofar as said section prohibits automotive maintenance and repair in the M-2, Manufacturing District; said property being more particularly described as follows:
3130 SCIOTO DARBY EXECUTIVE COURT (43026), being 1.31± acres located on the east side Scioto Darby Executive Court, 1,800± feet north of Scioto Darby Creek Road, and being more particularly described as follows:
Parcel # 560-275156
Situated in the State of Ohio, County of Franklin, Township of Norwich, Virginia Military Survey No. 547, and being a 1.311 acre tract out of a 4.4554 acre tract (Parcel No. 1) deeded to Standard Development Company in O.R. Volume 16918, Page 19 of the Franklin County Recorder's Office, (all deed and plat references made to said Recorder's Office unless noted otherwise), and being more particularly described as follows:
Beginning FOR COMMENCEMENT at a PK nail found at the center of the cul-de-sac of Scioto Darby Executive Court (60' R/W) as recorded in Plat 73, page 78:
Thence along the said centerline of Scioto Darby Executive Court, South 40 Degrees 59 Minutes 49 Seconds East, 164.78 feet to a point on said centerline;
Thence North 49 Degrees 00 Minutes 11 Seconds East, 30.00 feet to a ¾" iron pipe found with a cap stamped "EMH&T" on the Easterly Right-of-Way line of said Scioto Darby Executive Court, being the Northwesterly corner of lands conveyed to Traverse, LCC as recorded in Instrument No. 200211040279943, and being an angle point in the Southerly line of said 4.4554 acre tract and also being the TRUE POINT OF BEGINNING of said 1.311 acre tract herein described:
The following three (3) courses follow along the Southerly line of said 4.4554 acre tract and along the Easterly Right-of-Way line of said Scioto Darby Executive Court:
Thence North 40 Degrees 59 Minutes 49 Seconds West, 85.41 feet to 5/8" rebar found with a cap stamped "HLG & SURVEYING" at a point of curvature;
Thence along the arc of a curve and deflecting to the right and having an arc length of 43.36 feet, a central angle of 41 Degrees 24 Minutes 35 Seconds, a radius of 60.00 feet, and a chord bearing North 20 Degrees 17 Minutes 32 Seconds West, 42.43 feet to a 5/8" rebar found with a cap stamped "HLG ENG & SURVEYING" at a point of reverse curvature;
Thence along the arc of a curve deflecting to the left and having an arc length of 76.20 feet, a central angle of 72 Degrees 46 Minutes 10 Seconds, a radius of 60.00 feet, and a chord bearing North 35 Degrees 58 Minutes 19 Seconds West, 71.18 feet to a 5/8" rebar set in said lines;
The following two (2) courses will be crossing said 4.4554 acre tract:
Thence North 06 Degrees 06 Minutes 23 Seconds East, 53.20 feet to a 5/8" rebar set at a point of curvature;
Thence along the arc of a curve deflecting to the left and having an arc length of 165.84 feet, a central angle of 23 Degrees 03 Minutes 49 Seconds, a radius of 412.00 feet, and a chord bearing North 05 Degrees 25 Minutes 32 Seconds West, 164.73 feet to a 5/8" rebar set at the Southerly line of a 10.7015 acre tract (Parcel No. 2) deeded to Standard Development Company as recorded in O.R. 16918, Page 19 and also being the Northerly line of said 4.4554 acre tract;
Thence along the Southerly line of said 10.7015 acre tract and the Northerly line of said 4.4554 acre tract, North 80 Degrees 19 Minutes 06 Seconds East, 62.90 feet to a 5/8" rebar found with a cap stamped "HLG ENG G& SURVEYING" in the Westerly Right-of-Way line of Conrail Railroad and also being at the Southeasterly corner of said 10.7015 acre tract and the Northeasterly corner of said 4.4554 acre tract;
Thence along said Westerly Right-of-Way line and the Easterly line of said 4.4554 acre tract, South 40 Degrees 59 Minutes 49 Seconds East, 333.72 feet to a ¾" pipe found with a cap stamped "EMH & T" at the Northeasterly corner of said Traverse, LLC land;
Thence along the Northerly line of said Traverse, LLC land, South 49 Degrees 00 Minutes 11 Seconds West, 209.99 feet to the TRUE POINT OF BEGINNING, containing 1.311 acres, subject to all legal easements, restrictions, and right-of-way of record.
Anthony J. Robinson, Ohio Surveyor No. 8120, of BRH Group, Inc. Worthington, Ohio prepared the above description from an actual field survey performed in November 2003 and January 2005. Iron pins set are 5/8" x 30" rebar set with yellow plastic cap marked BRH Group. Bearings are based on the centerline of Scioto Darby Executive Court (South 40 Degrees 59 Minutes 49 Seconds East) as recorded in Plat Book 73, Page 78.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for automotive maintenance and repair, or those uses permitted in the M-2, Manufacturing District.
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 is further conditioned on all activities being conducted indoors and the property not functioning as an auto body repair business.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.