Explanation
Council Variance Application: CV25-133
APPLICANT: Mark Hensler; 326 South High Street; Columbus, OH 43215
PROPOSED USE: Non-profit organization and associated uses.
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two parcels developed with a former religious facility in the R-4, Residential District. The requested Council variance will allow a non-profit organization and associated retail, office, and assembly space uses. A Council variance is required because the R-4 district only allows limited accessory commercial uses such as daycares and food pantries if they are associated with a religious facility. Since the existing building no longer functions as a religious facility, the request is necessary to allow the operations of the non-profit organization. The proposal is viewed as being consistent with the West Franklinton Plan’s (2014) land use recommendation of “Institutional” at this location, because the proposed uses are the same as those that were included in the previous religious facility, and incompatible uses will not be introduced to the area.
Title
To grant a Variance from the provisions of Section 3332.039, R-4 residential district, of the Columbus City Codes; for the property located at 89 WEST PARK AVE. (43222), to allow a non-profit organization with associated retail, office, and assembly space in the R-4, Residential District (Council Variance #CV25-133).
Body
WHEREAS, by application #CV25-133, the owner of the property 89 WEST PARK AVE. (43222), requests a Council variance to allow a non-profit organization with associated retail, office, and assembly space in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4 residential district, only allows limited accessory commercial uses if they are associated with a religious facility, while the applicant proposes to use the existing building, which is no longer a religious facility, as a non-profit organization with associated retail, office, and assembly space; and
WHEREAS, the Franklinton Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the variance because the proposal remains consistent with the “Institutional” land use recommendation of the West Franklinton Plan, and will not introduce an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Zoning Clearance 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 89 WEST PARK AVE. (43222), 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 hereby granted from the provisions of Section 3332.039, R-4 residential district, of the Columbus City Codes; for the property located at 89 WEST PARK AVE. (43222), to allow a non-profit organization with associated retail, office, and assembly space in the R-4, Residential District; said property being more particularly described as follows:
89 WEST PARK AVE. (43222), being 0.18± acres located at the northwest corner of West Park Avenue and West State Street, and being more particularly described as follows:
Parcel I (010-067057-00)
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lots Numbered Seven Hundred and Forty-Seven (747) and Seven Hundred Forty-Eight (748) in West Park Addition as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 264, Recorder’s Office, Franklin County, Ohio.
Parcel II (010-054060-00):
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lots Numbered Seven Hundred and Forty-Nine (749) in West Park Addition as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 264, Recorder’s Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a non-profit organization and associated uses, or those uses allowed in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Zoning Clearance 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.