Explanation
Council Variance Application: CV24-045
APPLICANT: Barbara Burden; 1137 Linwood Avenue; Columbus, OH 43206.
COLUMBUS SOUTH SIDE AREA COMMISSION RECOMMENDATION: Approval.
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-4, Residential District. A Council variance is required because the R-4 district does not allow a Type A family child care home, while the applicant proposes such a use. A variance to reduce the required parking is included in this request. The site is located within the planning boundaries of the Near Southside Plan (2011), which recommends “Medium Density Mixed Residential” land uses at this location. Since the primary use of the property will still be a single-unit dwelling, Staff has no objection to the requested Type A family child-care home, which must comply with Ohio Revised Code requirements and be inspected by the State of Ohio.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, residential district; and 3312.49, Required parking, of the Columbus City Codes; for the property located at 1137 LINWOOD AVE. (43206), to allow a Type A family child care home with reduced parking in the R-4, Residential District (Council Variance #CV24-045).
Body
WHEREAS, by application #CV24-045, the owner of property at 1137 LINWOOD AVE. (43206), is requesting a Council variance to allow a Type A family child care home with reduced parking in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4 residential district, allows only Type B family child care homes, 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 for a maximum of 12 children within a 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 five spaces, while the applicant proposes to maintain three parking spaces; and
WHEREAS, the Columbus South Side Area Commission recommends approval; 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 1137 LINWOOD AVE. (43206) 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 3332.039, R-4, residential district; and 3312.49, Required parking, of the Columbus City Codes; is hereby granted for the property located at 1137 LINWOOD AVE. (43206), insofar as said sections prohibit a Type A family child care home within a single-unit dwelling in the R-4, Residential District, and a parking space reduction from five required spaces to three spaces; said property being more particularly described as follows:
1137 LINWOOD AVE. (43206), being 0.13± acres located at the southwest corner of Reinhard Avenue and Linwood Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being known as Lot Number Twenty-eight (28) of RANFT TERRACE ADDITION to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 16, page 25, Recorder’s Office, Franklin County, Ohio.
Parcel No.: 010-069361
Address: 1137 Linwood Avenue, Columbus, OH 43206
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-4, 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.