Explanation
Council Variance Application: CV25-107
APPLICANT: Gregory Peck; c/o Janine White, Agent; 290 West Nationwide Boulevard; Columbus, OH 43215.
PROPOSED USE: Natural gas regulation station.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two parcels, each developed with a single-unit dwelling in the R, Rural District. The site is split by a third parcel developed with an existing natural gas regulation station located within Perry Township, and is not subject to this request. The requested Council variance will allow expansion of that natural gas regulation station. A Council variance is required because the R district does not allow institutional uses. Variances to lot area and side yard obstruction are also included in this request. Although the proposal is inconsistent with The Northwest Plan’s (2016) land use recommendation of “Low Density Residential,” staff recognizes that this proposal represents an expansion of an existing regulating station, and that the proposal does not introduce a new incompatible use. Population growth in the area has resulted in the need for an expanded regulation station which will help facilitate more residential growth.
Title
To grant a Variance from the provisions of Sections 3332.02, R, rural district; 3332.06, R-rural area district requirements; and 3332.28, Obstructions in a required side yard, of the Columbus City Codes; for the property located at 4901 & 4925 POSTLEWAITE RD. (43235), to allow a natural gas regulation station with reduced development standards in the R, Rural District (Council Variance #CV25-107).
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WHEREAS, by application #CV25-107, the owner of property at 4901 & 4925 POSTLEWAITE RD. (43235), requests a Council variance to allow a natural gas regulation station with reduced development standards in the R, Rural District; and
WHEREAS, Section 3332.02, R, rural district, prohibits institutional uses, while the applicant proposes the expansion of an existing natural gas regulation station onto these properties; and
WHEREAS, Section 3332.06, R-rural area district requirements, requires that a principal building shall be situated on a lot of no less than five acres, while the applicant proposes reduced lot areas of 0.34 acres for parcel 010-283616 and 0.35 acres for parcel 010-347013; and
WHEREAS, Section 3332.28, Obstructions in a required side yard, requires the area in the side yard to be open from the finished grade to the sky, while the applicant proposes pipework and associated equipment to encroach into the southern side yard of parcel 010-347013, and the northern side yard of 010-283616, as shown on the submitted site plan; and
WHEREAS, the City Departments recommend approval because the institutional nature of the proposal which will not introduce an incompatible use to the area. Population growth in the area has resulted in the need for an expanded regulation station which will help facilitate more residential growth; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed use; and
WHEREAS, said variance will not adversely affect the surrounding property or 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 4901 & 4925 POSTLEWAITE RD. (43235), 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 3332.02, R, rural district; 3332.06, R-rural area district requirements; and 3332.28, Obstructions in a required side yard, of the Columbus City Codes, is hereby granted for the property located at 4901 & 4925 POSTLEWAITE RD. (43235), insofar as said sections prohibit a natural gas regulation station in the R, Rural District, with reduced lot area from five acres to 0.34 acres for parcel 010-283616, and 0.35 acres for parcel 010-347013; and obstruction into the southern side yard of parcel 010-347013, and the northern side yard of parcel 010-283616 with pipework and associated equipment; said property being more particularly described as follows:
4901 & 4925 POSTLEWAITE RD. (43235), being 0.69± acres on the west side of Postlewaite Road, 250± feet north of Bethel Road, and being more particularly described as follows:
Parcel #010-347013
Situated in the City of Columbus, County of Franklin and State of Ohio, Quarter Township 4 Township 2 Range 19 United States Military Lands, being a portion of Lot 3 as numbered and delineated on the Subdivision of Allen Bowers Land, Survey Plat Book 3 page 79, on file in the Office of the Franklin County Engineer, and being part of the 0.25 acre tract (0.387 acre calculated) conveyed by deed to Jeffrey V. Lanum and Pamela A. Lanum, of record in Official Record 33207 C09, Office of the Franklin County Recorder, and being more particularly bounded and described as follows;
Beginning for reference at Franklin County Monument FCGS 3316 found at the intersection of Bethel Road and Postlewaite Road,
thence North 87 degrees 14 minutes 52 seconds West along the centerline of Bethel Road 30.56 feet to a point at the line of right of way of Chesapeake and Ohio Railway Co. as conveyed from the Hocking Valley Railway Co. by deed recorded in Deed Book 924 page 338, now known as CSX TRANSPORTATION INC, successor by merger, whose merger documents have been summarized and recorded as Official Record 13276 Al 4 and subsequently re-recorded as Official Record 13283 G13,
thence along the line of right of way of Chesapeake and Ohio Railway and along the line of Columbia Gas of Ohio, Inc. of record in the Office of the Recorder of Franklin County at Deed Book Volume 2904 page 1 North 9 degrees 13 minutes 52 seconds West 577.23 feet to a point marked by an iron pin set, the True Point of Beginning,
thence continuing along the line of Chesapeake and Ohio Railway Co. and along the line of Jeffrey
V. Lanum and Pamela A. Lanum by deeds recorded in O.R. 33207 C09 North 9 degrees 13 minutes 52 seconds West 69.89 feet to a point marked by an iron pin with plastic cap set,
thence through land of Jeffrey and Pamela Lanum South 87 degrees 5 minutes 17 seconds East passing an iron pin set at 204.08 feet, 246.10 feet to a point marked by a Mag nail set in Postlewaite Road formerly being the easterly right of way line of Postlewaite Road in the east line of said Lot 3, thence in the east line of Lot 3 South 20 degrees 45 minutes 43 seconds West 69.75 feet to a point marked by a Mag nail set,
thence through Postlewaite Road and along the line of land of Columbia Gas of Ohio, Inc. North 87 degrees 36 minutes 55 seconds West passing a 1.5 inch inside diameter pipe found at 41.06 feet, 210.03 feet to the True Point of Beginning having an area of 0.353 acres, of which 0.064 acres are within the Postlewaite Road right of way. All documents contained herein are of record in the Office of the Franklin County Recorder, unless otherwise stated. All iron pins set are 5/8 inch by 30 inch with plastic cap marked Campos EPC. Bearings on this plat are based on the easterly right of way line of Chesapeake and Ohio Railway Co. now known as CSX Transportation Inc. being North 9 degrees 13 minutes 52 seconds West based on gps observation using ODOT CORS network stations converted to Ohio State Plane Coordinate system south zone NAO 83 (2011)
Parcel #010-283616
Situated in the State of Ohio, County of Franklin, and Township of Perry, and being described as follows:
Being a part of Range 19. Township 2, Quarter Township 4, United States Military Lands and being part of Lot Number 3, of the survey of the Allen Bower's Land by the County Surveyor of Franklin County, Ohio, on October 10, 1899, and being that part of said Lot Number 3, that lies East of the tracks and right of way of the Hocking Valley Railroad Company and more particularly described as follows: Beginning at a stone at the East Line of the dirt road at the North East corner of said Lot Number 3, of the same being Mary E. Walcutt's Southeast corner; thence 86° 6' West along said Walcutt's South Line 271.90 feet to the East line of the right of way of Hocking Valley Railroad; thence in a southerly direction along the east line of the right of way of the said Railroad Company 520.80 feet to a stake and iron pin the east line of said dirt road; thence North 21° 45' East along the East line of said dirt road 536 feet to the place of beginning, containing about two (2) acres more or less and being the whole of said Lot Number 3 that lies East of said Railroad;
EXCEPTING, however, the five following described tracts;
TRACT I: DB 823 PG 430
Beginning at the intersection of the north line of Frank Warner's land and the east line of the right of way of the Hocking Valley Railway Company, said right of way being 30 feet west of the center line of the main tract measured perpendicular thereto, thence east with the north line of Frank Warner's land a distance of 20.3 feet to a point which is 50 feet east of the center line of the main tract measured perpendicular thereto, thence South 10° 30' East and parallel with and 50 feet east of the said center line of said main tract, a distance of 436.5 feet to a point in the east line of Frank Warner's land; said east line being the old center line of the Worthington and Georgesville Road; thence South 19° 36' West along said east line, a distance of 39.9 feet to the east line of right of way of the Hocking Valley Railway Company; thence North 10° 30' West along said right of way line 30 feet east of and parallel, with the said center line of said main track, a distance of 474.7 feet to the place of beginning containing twenty-one hundredths (0.21) of an acre of land, and being a strip of land 20 feet in width across said Frank Warner's land, immediately east of and adjacent to the present right of way of the said The Hocking Valley Railway Company.
TRACT II: DB 1075 PG 410
Beginning at a stone in the East line of the dirt road at the Northeast corner of Lot 3, the same being Mary E. Walcutt's Southeast corner; thence South 75 feet along the east line, thence west 210 feet along the south line to the right of way of the C. and O. Railroad Co., thence 75 feet along the west line to an iron pin, thence along the north line 248 feet to the place of beginning, containing twenty-five hundredths (25/100) of an acre, more or less.
TRACT III: DB 2901 PG 1
Beginning for reference, at a stone in the easterly right of way of Postlewaite Road (40.00 feet wide) and being the northeast corner of said Lot No. 3; thence South 21° 45' West 75.00 feet, in the� easterly right of way of Postlewaite Road, to the principal place of beginning and the northeast corner of the tract herein conveyed; also being the southeast corner of Janet J. Warner's 0.25 acre tract as recorded in Volume 2053, page 574 of the Franklin County Deed Records; thence continuing South 21° 45' West 78.76 feet to a point in said easterly right of way line; thence North 86° 01' West 171.29 feet, passing an iron pipe at 42,00 feet to the Westerly right of way of Postlewaite Road, to an iron pipe in the easterly right of way of the C. & O. Railroad Company; thence North 7° 42' West 76.58 feet, in said easterly right of way of the C. & O. Railroad Company to a iron pipe; thence South 86° 01' East 210.83 feet, in the south line of the above mentioned 0.25 acre tract, passing an iron pipe at 168.83 feet in the westerly right of way of Postlewaite Road, to the principal place of beginning, containing 0.329 of an acre, more or less, of which 0.072 of an acre is in Postlewaite Road.
TRACT IV: 15541E06
Being part of Quarter Township 4, Township 2, Range 19, United States Military Lands and containing 1250 square feet of land, more or less being all out of that 0.644 acre tract as described in a deed to James A. Brownfield of record in Official Record Vol. 11637, page E-01 (all reference to Deed Books refer to the records of the Recorder's Office, Franklin County, Ohio) said 1250 square feet being more particularly described as follows:
Beginning for reference at a spike found in the centerline intersection of Bethel Road with Kenny Road, said spike being Station 173+82.16 in the centerline of said Bethel Road; thence South 83 deg. 46' 03" East with the centerline of said Bethel Road, a distance of 113.77 feet to a point being Station 174+95.93 in the centerline of said Bethel Road, said point also being in the Corporation line of the city of Columbus; thence North 5 deg. 49' 55" West with said corporation line, an easterly right-of-way line of CSX Transportation, Inc., a distance of 176.17 feet to the TRUE POINT OF BEGINNING;
thence from said TRUE POINT OF BEGINNING North 5 deg. 49' 55" West with said corporation and Easterly right-of-way line, a distance of 149.20 feet to a point; thence South 84 deg. 56' 33" East, with a new division line across said 0.644 acre tract, a distance of 36.74 feet to a point in the Westerly right-of-way line of Postlewaite Road; Thence North 24 deg. 12' 52" East, with said Westerly right-of-way line of said Postlewaite Road, a distance of 182.34 feet to a point in the Northerly line of said 0.644 acre tract;
Thence South 84 deg. 56' 33" East, with said northerly line, a distance of 42.34 feet to a point in the Easterly right-of-way line of said Postlewaite Road; thence South 24 deg. 12' 52" West, with said Easterly right-of-way line, a distance of 337.44 feet to the true place of beginning and containing 13,087 square feet, more or less, of which the present road occupies 11,837 square feet, more or less.
TRACT V: DB 1932 PG 598
Beginning at a spike in the center line of Postlewaite Road, at the North East corner of the
R.E. & J.J. Warner 0.25 acre tract (south east corner of the Carmela Raymond 0.886 acre tract); thence along the North line of the Warner tract, North 85 deg. 22' West (passing an iron pin at 19.0 feet), 228.03 feet to an iron pin the Easterly right-of-way of the Chesapeake and Ohio Railway, thence along said Easterly right-of-way line, North 7 deg. 11' West, 128.73 feet to an iron pin; thence South 72 deg. 41' East (passing an iron pin at 263.02 feet), 283.14 feet to a point in the centerline of Postlewaite road, thence along said centerline, South 23 deg. 30' West, 67.62 feet to the place of beginning, containing 0.547 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 a natural gas regulation station in accordance with the submitted site plan, or those uses allowed in the R, Rural District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled “SITE PLAN,” dated February 12, 2026, and signed by Justin S. Rorar, Engineer for the Applicant. The 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 plan shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment. Parcel #216-151267 is in the jurisdiction of Perry Township, and is not subject to this ordinance.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use, noting that Parcel #216-151267 is in the jurisdiction of Perry Township, and is not subject to this ordinance.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.