Explanation
Council Variance Application: CV06-012
APPLICANT: Diane Spiezio; c/o Jeffrey L. Brown, Atty.; Smith & Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Montessori school and child day care center.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant seeks a Council Variance to convert and expand a former church into a daycare center and Montessori school. While day care is only allowed as an accessory use to a church or school in residential districts, daycare uses are permitted as a principal use in the I, Institutional and C-2, Commercial Districts. A single-family dwelling will also remain on the site. The site is within the planning area of the Rocky Fork Blacklick Accord (2004), which recommends Village Residential for the site. Staff supports deviation from the plan for several reasons. First, the Rural Zoning will be left intact which is more appropriate than a Institutional Zoning District at this site. Second, the requested use is only prohibited because it is not associated with a church. Finally, the applicants have met with the Rocky Fork / Blacklick Accord Panel and have agreed to meet their conditions which will ensure compatibility with the surrounding land uses.
Title
To grant a Variance from the provisions of Section 3332.02, R, Rural district, of the Columbus City Codes for the property located at 6436 HARLEM ROAD (43054), to permit a daycare / Montessori school in the R, Rural District and to declare an emergency. (Council Variance # CV06-012)
Body
WHEREAS, by application #CV06-012, the owner of property at 6436 HARLEM ROAD (43054), is requesting a Variance to permit a daycare / Montessori School in the R, Rural District; and
WHEREAS, Section 3332.02, R, Rural District, prohibits daycares and schools not associated with a church and where attendance is not required by State Law in the R, Rural District while the applicant proposes to establish a daycare as a principal use; 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; and
WHEREAS, City Departments recommend approval because the applicant seeks a Council Variance to convert and expand a former church into a daycare center and Montessori school. While day care is only allowed as an accessory use to a church or school in residential districts, daycare uses are permitted as a principal use in the I, Institutional and C-2, Commercial Districts. A single-family dwelling will also remain on the site. The site is within the planning area of the Rocky Fork Blacklick Accord (2004), which recommends Village Residential for the site. Staff supports deviation from the plan for several reasons. First, the Rural Zoning will be left intact which is more appropriate than a Institutional Zoning District at this site. Second, requested use is only prohibited because it is not associated with a church. Finally, the applicants have met with the Rocky Fork / Blacklick Accord Panel and have agreed to meet their conditions which will ensure compatibility with the surrounding land uses; and
WHEREAS, the requested Council variance is consistent with the June 15, 2006 recommendation of the Rocky Fork Blacklick Accord Implementation Panel; 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 6436 HARLEM ROAD (43054), 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 Section 3332.02, R, Rural District of the Columbus City Codes is hereby granted for the property located at 6436 HARLEM ROAD (43054), insofar as said sections prohibit a daycare / Montesorri school in the R, Rural District; said property being more particularly described as follows:
6436 HARLEM ROAD (43054), being 5.0± acres located on the east side of Harlem Road. 1300± feet south of Central College Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being in Range 18, Quarter Township 2, U.S.M Lands in the City of Columbus, Franklin County, Ohio, and bounded and described as follows:
Beginning at a railroad spike in the centerline of the Delaware State Road (Harlem Road) and at the southwest corner of the Jesse Folk 4-acre tract;
thence South along the centerline of said road, 374.24 feet to the Place of Beginning;
thence along a line parallel to the south line of the Folk tract and that line extended, East, 1180.42 feet to an iron pipe in the wet line of the Gilbert James Heirs tract;
thence along the west line of said tract, South 9°35' East, 187.12 feet to an iron pipe;
thence West, 1180.43 feet to a railroad spike in the centerline of the Delaware State Road (Harlem Road);
thence along the centerline of said road, North 8°35' West, 187.12 feet to the Place of Beginning, containing 5 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 for daycare / Montesorri School, or those uses permitted in the R, Rural District.
SECTION 3. That this ordinance is further conditioned upon the site being developed in accordance with the site plan titled "TODAYS CHILD MONTESSORI PRELIMINARY SITE PLAN," signed by Jeffrey L. Brown, Attorney for the applicant, dated July 20, 2006 June 30, 2006. The site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the site plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon 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.