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File #: 1236-2004    Version: 1
Type: Ordinance Status: Passed
File created: 6/23/2004 In control: Zoning Committee
On agenda: 7/19/2004 Final action: 7/21/2004
Title: To grant a Variance from the provisions of Section 3332.035, R-3, Residential District of Columbus City Codes for the property located at 1640 MOUND STREET (43205) to permit a temporary halfway house in the R-3, Residential District. (Council Variance # CV04-019)
Attachments: 1. ORD1236-2004Hdshp.pdf, 2. ORD1236-2004.zone.pdf, 3. ORD1236-2004gis.pdf, 4. ORD1236-2004ACrec.pdf, 5. ORD1236-2004prjdscl.pdf, 6. ORD1236-2004labels.pdf

Explanation

 

Council Variance Application:  CV04-019

 

APPLICANT:  Rock of Faith Baptist Church; c/o Donald T. Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.

                     

PROPOSED USE:  Temporary Halfway House.

  

NEAR EAST AREA COMMISSION: Approval.

                                                                             

CITY DEPARTMENTS' RECOMMENDATION:  Approval.  The applicant requests a Council variance to temporarily relocate a halfway house into a vacant building on an adjacent parcel while the existing halfway house is renovated for a period not to exceed 18 months.  This temporary move involves no increase in the number of residents.  This proposal will allow the residents to continue to reside near the halfway house under renovation, while the renovation itself will result in  improved living conditions for the residents.

 

 

 

Title

 

To grant a Variance from the provisions of Section 3332.035, R-3, Residential District of Columbus City Codes for the property located at 1640 MOUND STREET (43205) to permit a temporary halfway house in the R-3, Residential District.  (Council Variance # CV04-019)       

 

 

 

Body

 

WHEREAS, by application #CV04-019 the owner of property at 1640 MOUND STREET (43205), is requesting a Council Variance to permit a temporary halfway house in the R-3, Residential District; and

 

WHEREAS, Section 3332.035, R-3, Residential District, prohibits a temporary halfway house use, while the applicant proposes to use the existing structure for a temporary halfway house while renovation occurs on the existing halfway house; and

 

WHEREAS, the Near East Area Commission recommends approval of said ordinance; and

 

WHEREAS, the City Departments recommend approval of said ordinance; and

 

WHEREAS, the Applicants must obtain a Special Permit for said temporary halfway house; 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, 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 alleviate the difficulties encountered by the owners of the property located at 1640 MOUND STREET (43205), in using said property as desired; now, therefore:

 

                     BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

 

Section 1.  That variances from the provisions of Sections 3332.035, R-3, Residential District of Columbus City Codes are hereby granted for the property located at 1640 MOUND STREET (43205) insofar as said section prohibits a temporary halfway house, said property being more particularly described as follows:

 

Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:

 

Being Lots Numbers Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) of ARMSTRONG SLOSS SUBDIVISION, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 7, Page 152; together with all of that certain alley vacated by Ordinance Number 22382-65, of the records of the Recorder's Office, Franklin County, Ohio.

 

Being Lot Number One-Hundred (100) of LINEN PLACE ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 125; together with all of that certain alley vacated by Ordinance Number 1383-55, of the records of the Recorder's Office, Franklin County, Ohio.

 

Excepting therefrom the following:

 

Description of Parcel at Southwest Corner of East Main Street and Seymour Avenue as further described in Official Records Volume 3302 Page D15 of the Recorder's Office, Franklin County, Ohio:

 

Situated in the State of Ohio, County of Franklin, City of Columbus and being all of Lots Numbers 4 and 5 of Linen Place Addition of record in Plat Book 5, Page 125 and all of Lot Numbers 1, 2, 3, 4 and 5 and part of Lot Numbers 6, 7 and 8 of Armstrong Sloss Subdivision of record in Plat Book 7, Page 152, and also being part of a vacated alley (comm. Journal 12-572), records of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:

 

Beginning at a drill hole at the point of intersection of the westerly line of Seymour Avenue (57 feet in width) and the southerly line of East Main Street (80 feet in width) said point also being the northeasterly corner of Lot Number 4 of said Armstrong Sloss Subdivision;

 

Thence southerly along the westerly line of said Seymour Avenue to an iron pin at the southeasterly corner of Lot Number 8 of said Armstrong Sloss Subdivision;

 

Thence westerly and parallel with the northerly line of Mound Street (60 feet in width), a distance of 120.00 feet; along the southerly line of said Lot Number 8 to a railroad spike;

 

Thence northerly and perpendicular to the said northerly line of Mound Street, a distance of 100.78 feet, across Lot Numbers 8, 7 and 6 of said Armstrong Sloss Subdivision to a railroad spike in the northerly line (extended easterly) of a 25 foot wide vacated alley (Ord. 1383-55);

 

Thence westerly, a distance of 175.51 feet, along the northerly line (and its extension) of said vacated alley and the southerly line of Lot Numbers 5 and 4 of said Linen Place Addition to a railroad spike at the southwesterly corner of said Lot Number 4;

 

Thence northerly, a distance of 209.04 feet, along the westerly line of said Lot Number 4, to an iron pin in the southerly line of East Main Street at the northwesterly corner of Lot Number 4;

 

Thence easterly, a distance of 301.02 feet, along the southerly line of said East Main Street, to the point of beginning, containing 75,081 square feet, more or less, and being subject to all easements and restrictions of record.

 

Commencing at a found iron pin at the intersection of the north line of East Mound Street (60 feet wide) with the east line of Berkeley Road (66 feet wide);

 

Thence, along the north line of said East Mound Street, East 217.33 to a set iron pin at the southwest corner of said Lot 100 and the TRUE POINT OF BEGINNING OF THIS DESCRIPTION:

 

Thence, along with west line of said Lot 100 (east line of Lot 99 of said addition), North 2° 12' 00" East, 185.27 feet to a set P.K. nail at the northwest corner of said Lot 100 (northeast corner of said Lot 99), and being East, 217.23 feet from a found iron pin at the intersection of said Berkeley Road with the south line of Vacated McAllister Street (25 feet wide and vacated by City of Columbus Ord. 1383-55, 10/24/55);

 

Thence, along part of the north line of said Lot 100 (south line of said vacated street), East 17.03 feet to a set pony spike;

 

Thence, across said Lot 100 and parallel with said west line of Lot 100, South 2° 12' 00" West, 185.27 feet to a set iron pin in the south line of said Lot 100 (north lie of said East Mound Street);

 

Thence, along part of the south line of said Lot 100 and the north line of East Mound Street, West, 17.03 feet to the point of beginning, containing 0.072 acres, (3,155 square feet);

 

The foregoing description was prepared from an actual field survey of the premises in April, 1991.  Iron pins set ate 30" x 1" O.D. with orange plastic caps inscribed "P.S. 6579" unless otherwise noted.  Basis of bearings is the north line of East Mound Street assumed East.  Myers Surveying Company, Inc., Albert J. Myers, P.S. #6579.

 

 

Section 2.  That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.

 

 Section 3.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law and shall be valid for a period not to exceed eighteen (18) months from the earliest period allowed by law.