Explanation
Council Variance Application: CV14-060
APPLICANT: John D. Wymer; c/o Holly Hedden, Agent; 6950 Americana Parkway; Reynoldsburg, OH 43068.
PROPOSED USE: Personal training business and child day care center.
FAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This site is developed with a multi-tenant office/warehouse building zoned in the M-2, Manufacturing District, and is subject to Ordinance No. 1615-2012, passed July 30, 2012 (CV12-026), which allows a child day care center to occupy up to 6,600 square feet of space. The requested Council variance will replace Ordinance No. 1615-2012 and will also permit the additional use of personal trainer business to occupy the 3,291 square foot tenant space adjacent to the child daycare space. While Staff did not support the previous Council variance due to the potential conflicts between child day care and industrial activity on this and adjacent sites, the day care use has been established and does not appear to be incompatible to the area or conflict with the other tenants in the building. Furthermore, the requested variance will permit the additional use a personal physical trainer business, and it is not anticipated that this use will be any less compatible with the established uses than the day care, and will not generate any more traffic than most permitted uses. The site lies within Brice/Tussing Plan (1990), which recommends light manufacturing uses. The new proposed use of a personal trainer business is consistent and compatible with surrounding uses.
Title
To grant a variance from the provisions of Section 3367.01, M-2, Manufacturing uses, of the Columbus City Codes; for the property located at 6950 AMERICANA PARKWAY (43068), to permit up to 6,600 square feet of child day care space and up to 3,291 square feet for a personal training business in the M-2, Manufacturing District, and to repeal Ordinance No. 1615-2015 1615-2012, passed on July 30, 2012 and to declare an emergency (Council variance # CV14-060).
Body
WHEREAS, by application No. CV14-060, the owner of property at 6950 AMERICANA PARKWAY (43068), is requesting a Council variance to permit a 3,291 square foot personal training business in addition to the 6,600 square foot child day care facility permitted under Ordinance 1615-2012 (CV12-026) in the M-2, Manufacturing District; and
WHEREAS, Section 3367.01, M-2, Manufacturing district, does not permit a personal training business and only allows a child day care center as an accessory use to specified manufacturing uses in accordance with Section 3367.31, while the applicant proposes to convert a vacant tenant space within an existing office-warehouse building to a personal training business, and to permit the continued use of a child day care center in the adjacent tenant space; and
WHEREAS, the Far East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the proposed new use is not inconsistent with the existing use of an office/warehouse and child day care center which was permitted under Ordinance No. 1615-2015 1615-2012 (CV12-026), and because the proposal will not add incompatible uses to the area as there are other fitness related uses nearby; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 owner of the property located at 6950 AMERICANA PARKWAY (43068), in using said property as desired; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Section 3367.01, M-2, Manufacturing district of the Columbus City Codes; is hereby granted for the property located at 6950 AMERICANA PARKWAY (43068), insofar as said section prohibits a 3,291 square foot personal training business and a 6,600 square foot child day care center; said property being more particularly described as follows:
6950 AMERICANA PARKWAY (43068), being 3.05± acres located on the north side of Americana Parkway, 1400± northeast of the west intersection with Tussing Road, and being more particularly described as follows:
Situated in the state of Ohio, County of Franklin, City of Columbus, located in half Section 42, Section 24, Township 12, Range 21, Refugee Lands and being 3.049 acres of those tracts conveyed to Americana Investment Company, by deeds of record in official record 4790B13 and official record 4790B15, all references being to those of record in the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Beginning at a point in the northerly right-of-way line of Americana Parkway, marking the southeasterly corner of said Americana Investment Company tracts and also marking a southwesterly corner of those parcels conveyed to Trojan Enterprises, Inc., by deed of record in deed book 3390, page 102;
Thence north 85 degrees 37' 36" west, along the northerly right-of-way line of Americana Parkway, a distance of 573.00 feet to a point of curvature to the left; thence northwesterly, continuing along said northerly right-of-way line and along the arc of said curve (radius-430.0 feet, delta 0" 15' 59"), along a chord of which bears north 85 degrees 45' 36" west, a distance of 2.00 feet to a point marking the southwesterly corner of said Americana Investment Co. Tracts and also marking a southeasterly corner of those parcels conveyed to Tussing Road Investment Company, by deed of record in official record 4790B18;
Thence leaving the northerly right-of-way line of Americana Parkway, north 4 degrees 22' 24" east along a line common to said tracts, a distance of 231.01 feet to a point;
Thence leaving said common line, south 85 degrees 37' 36" east, a distance of 575.00 feet to a point in the easterly line of said Americana Investment Co. Tracts and in the westerly line of said Trojan Enterprises, Inc. Parcels;
Thence south 4 degrees 22' 24" west, along a line common to said tracts, a distance of 231.00 feet to the place of beginning and containing 3.049 acres, more or less.
The bearings in the above description are based upon the northerly right-of-way line of Americana Parkway as being north 85 degrees 37' 36" west.
Along with appurtenant rights of reciprocal easements and maintenance obligations pursuant to the reciprocal easement agreement filed in official records volume 14599, page G11, Franklin County, Ohio.
Parcel No. 540-199369
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 6,600 square foot child day care center, a 3,291 square foot personal training business, 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 shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.
SECTION 5. That Ordinance No. 1615-2012, passed on July 30, 2012, be and is hereby repealed.