Explanation
Council Variance Application: CV25-026
APPLICANT: Elizabeth Gayle; 2071 Shawbury Court West; Columbus, OH 43229.
PROPOSED USE: Type A family child care home.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling in the R-2, Residential District. The requested Council variance will allow the dwelling to be used as a Type A family child care home which is prohibited in the R-2 district. A variance to reduce the required parking from three to two spaces is also included in this request. The site is located within the planning boundaries of the Northland I Area Plan (2014), which recommends “Low-Medium Density Residential” land uses at this location. Since the primary use of the property will remain a single-unit dwelling, Staff supports the requested Type A family child care home, which must comply with Ohio Revised Code requirements.
Title
To grant a Variance from the provisions of Sections 3332.033, R-2 residential district; and 3312.49, Required parking, of the Columbus City Codes; for the property located at 2071 SHAWBURY CT. W. (43229), to allow a Type A family child care home with reduced parking in the R-2, Residential District (Council Variance #CV25-026).
Body
WHEREAS, by application #CV25-026, the owner of property at 2071 SHAWBURY CT. W. (43229), is requesting a Council variance to allow a Type A family child care home with reduced parking in the R-2, Residential District; and
WHEREAS, Section 3332.033, R-2 residential district, allows only Type B family child care homes for up to six children, or child day care centers as accessory uses to a religious facility or school, while the applicant proposes to operate a Type A family child care home, with a maximum of 12 children, within an existing single-unit dwelling; and
WHEREAS, Section 3312.49, Required parking, requires two parking spaces for the single-unit dwelling use and one parking space per 500 square feet of child-care facility space, a total requirement of four spaces, while the applicant proposes three parking spaces; and
WHEREAS, the City Departments recommend approval because the request will not introduce an incompatible use to the area, and the primary use of the property will remain a single-unit dwelling; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Zoning Clearance for the proposed Type A family child care home; 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 2071 SHAWBURY CT. W. (43229), 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 Sections 3332.033, R-2, residential district; and 3312.49, Required parking, of the Columbus City Codes; is hereby granted for the property located at 2071 SHAWBURY CT. W. (43229), insofar as said sections prohibit a Type A family child care home within a single-unit dwelling in the R-2, Residential District, with a parking space reduction from four required spaces to three spaces; said property being more particularly described as follows:
2071 SHAWBURY CT. W. (43229), being 0.14± acres located on the south side of Shawbury Court West, 216± feet west of Maple Canyon Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the city of Columbus.
Being Lot Number One Hundred Five (105), of Granville Manor Section No One (1), as the same is numbered and delineated upon the recorded plat thereof, of record in Pat Book 39, Page 77, Recorder’s Office, Franklin County, Ohio.
Parcel No. 010-147566
Address: 2071 Shawbury Court West, Columbus, OH 43229
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a Type A family child care home in conjunction with a single-unit dwelling, or those uses allowed in the R-2, Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Zoning Clearance for the proposed Type A family child care home.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.