Explanation
Council Variance Application: CV06-039
APPLICANT: TG707, Inc.; c/o Donald Plank, Attorney; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: School.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This request will allow a school in an existing office building in the L-M, Limited Manufacturing District. A council variance is necessary in that the limitation overlay text, adopted as part of Ordinance 2854-99 which rezoned the site to L-M, allows only office, parking, and "less objectionable" manufacturing uses. Limited parking will be provided adjacent to the school with additional parking provided on the north side of Jenkins Avenue. A school is a permitted use in the M, Manufacturing District to the south and east and in the R-4, Residential District to the north and west. Approval of this request will not introduce an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3370.05, Permitted uses and 3342.28, Minimum number of parking spaces required, for the property located at 707 JENKINS AVENUE (43207), to permit a school in the L-M, Limited Manufacturing District and to declare an emergency. (Council Variance # CV06-039)
Body
WHEREAS, by application No. CV06-039, the owner of property at 707 JENKINS AVENUE (43207), is requesting a Council Variance to permit a school in the L-M, Limited Manufacturing District; and
WHEREAS, Section 3370.05 Permitted uses, allows one or more of the uses permitted by the underlying zoning district, which are limited for this site to office and related parking uses, and "less objectionable" manufacturing uses, by the limitation overlay text adopted in Ordinance 2854-99, while the applicant proposes to use an existing office building as a school; 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, under the provisions of Section 3342.28, Minimum number of parking spaces required, parking is calculated at the rate of two (2) spaces/classroom and one (1) space/60 square feet of gross floor area in the auditorium or assembly area, while the school floor plan will be finalized with the building permit drawings and up to 50 spaces may be required; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires 50 parking spaces for the proposed school, while six (6) spaces can be provided from an existing curbcut on Jenkins Avenue west of the school building and the difference between 50 spaces, or the actual required parking as demonstrated on the site plan submitted for the Certificate of Zoning Clearance, and the six (6) on-site spaces shall be provided on the north side of Jenkins Avenue in the area described as "Tract 1" (0.893 0.989 Ac.) in Section 1; and
WHEREAS, City Departments recommend approval because this request will not introduce an incompatible use to the area. This request will allow a school in an existing office building in the L-M, Limited Manufacturing District. A council variance is necessary in that the limitation overlay text, adopted as part of Ordinance 2854-99 which rezoned the site to L-M, allows only office, parking, and "less objectionable" manufacturing uses. Limited parking will be provided adjacent to the school with additional parking provided on the north side of Jenkins Avenue. A school is a permitted use in the M, Manufacturing District to the south and east and in the R-4, Residential District to the north and west; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 707 JENKINS AVENUE (43207), 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 3370.05, Permitted uses and 3342.28, Minimum number of parking spaces required, for the property located at 707 JENKINS AVENUE (43207), insofar as said sections prohibit a school and a total of six (6) parking spaces; said property being more particularly described as follows:
707 JENKINS AVENUE (43207), being 2.46 2.56 ± acres located at the northeast corner of Nineteenth Street and Jenkins Avenue and on the south side of Jenkins Avenue 75± feet east of Nineteenth Street, and being more particularly described as follows:
Tract 1 (0.893 0.989 Acre)
North of Jenkins Avenue, East of 19th Street City of Columbus, Ohio
Situated in the State of Ohio, City of Columbus, being a 0.893 acre tract out of the lands conveyed to TG707 Inc. in Instrument Number 200511160242350, located in the "Estate of William Merion, Deceased" Subdivision of record in Plat Book 17, Pages 256 through 260 of the Recorder's Office, Franklin County, Ohio (further shown and delineated upon Exhibit "B" and Exhibit "C" attached hereto and made a part hereof), and being more particularly described as follows:
Beginning at a point at the southwesterly corner of Lot 358 of the said subdivision, and at the intersection of the northerly right-of-way line of Jenkins Avenue (50 feet in width) and the easterly right-of-way line of 19th Street (50 feet in width);
Thence North 00 degrees 00 minutes 00 seconds East, along the said easterly right-of-way line, a distance of 259.30 feet to a point at the northwesterly corner of said Lot 358, and at the intersection of the said easterly right-of-way line and the southerly right-of-way line of Sheldon Avenue (50 feet in width);
Thence South 90 degrees 00 minutes 00 seconds East, along the said southerly right-of-way line, a distance of 150.00 feet to a point, being 10 feet easterly of the northeasterly corner of Lot 315 of the said subdivision;
Thence South 00 degrees 00 minutes 00 seconds West, through Lot 316, Lot 362 and the vacated alley of the said subdivision, a distance of 259.30 feet to a point in the said northerly right-of-way line of said Jenkins Avenue;
Thence North 90 degrees 00 minutes 00 seconds West, along the said northerly right-of-way line, a distance of 150.00 feet to the Point of Beginning.
Containing 0.893 acres, more or less. Within the described bounds are Franklin County Auditor's Parcel Numbers 010-050688 and 010-235706.
All references herein are to records in the Recorder's Office, Franklin County, Ohio.
The basis of bearings for this description is based on the northerly right-of-way line of Jenkins Avenue, being North 90 degrees 00 minutes 00 seconds West, as described in the deed conveyed to TG707 Inc. in Instrument Number 200511160242350.
Situated in the State of Ohio, City of Columbus, being a 0.989 acre tract out of the lands conveyed to TG707 Inc. in Instrument Number 200511160242350, located in the "Estate of William Merion, Deceased" Subdivision of record in Plat Book 17, Pages 256 through 260 of the Recorder's Office, Franklin County, Ohio (further shown and delineated upon Exhibit "B" and Exhibit "C" attached hereto and made a part hereof), and being more particularly described as follows:
Beginning at a point 10 feet westerly of the southwesterly corner of Lot 358 of the said subdivision, and at the intersection of the northerly right-of-way line of Jenkins Avenue (50 feet in width) and the easterly right-of-way line of 19th Street (width varies);
Thence North 00 degrees 00 minutes 00 seconds East, along the said easterly right-of-way line, a distance of 269.30 feet to a point at the intersection of the said easterly right-of-way line and the southerly right-of-way line of Sheldon Avenue (width varies);
Thence South 90 degrees 00 minutes 00 seconds East, along the said southerly right-of-way line, a distance of 160.00 feet to a point;
Thence South 00 degrees 00 minutes 00 seconds West, through the said TG707, Inc. tract and through Lot 316, Lot 362 and the vacated alley of the said subdivision, a distance of 269.30 feet to a point in the said northerly right-of-way line of Jenkins Avenue;
Thence North 90 degrees 00 minutes 00 seconds West, along the said northerly right-of-way line, a distance of 160.00 feet to the Point of Beginning.
Containing 0.989 acres, more or less. Within the described bounds are Franklin County Auditor's Parcel Numbers 010-050688, 010-238865 and 010-235706.
All references herein are to records in the Recorder's Office, Franklin County, Ohio.
The basis of bearings for this description is based on the northerly right-of-way line of Jenkins Avenue, being North 90 degrees 00 minutes 00 seconds West, as described in the deed conveyed to TG707 Inc. in Instrument Number 200511160242350.
AND
Tract 2 (1.571 Acre)
South of Jenkins Avenue, East of 19th Street
City of Columbus, Ohio
Situated in the State of Ohio, City of Columbus, being a 1.571 acre tract out of the lands conveyed to TG707 Inc. in Instrument Number 200511160242350, located in the "Estate of William Merion, Deceased" Subdivision of record in Plat Book 17, Pages 256 through 260 of the Recorder's Office, Franklin County, Ohio (further shown and delineated upon Exhibit "B" and Exhibit "C" attached hereto and made a part hereof), and being more particularly described as follows:
Beginning at a point at the northeasterly corner of Lot 405 of the said subdivision in the northerly right-of-way line of Jenkins Avenue (50 feet in width);
Thence South 90 degrees 00 minutes 00 seconds East, along the said northerly right-of-way line, a distance of 253.91 feet to point at the northeasterly corner of Lot 412 of the said subdivision;
Thence South 00 degrees 55 minutes 51 seconds West, along the east line of Lot 412 and Lot 455 of the said subdivision, a distance of 240.53 feet to a point in the northerly line right-of-way line of Southwood Avenue (50 feet in width);
Thence North 90 degrees 00 minutes 00 seconds West, along the said northerly right-of-way line, a distance of 330.00 feet to a point in the easterly right-of-way line of 19th Street (40 feet in width);
Thence North 00 degrees 00 minutes 00 seconds East, along the said easterly right-of-way line, a distance of 112.00 feet to a point in the southerly right-of-way line of a 16 foot wide alley;
Thence South 90 degrees 00 minutes 00 seconds East, along the said southerly right-of-way line, a distance of 150.00 feet to a point in the easterly line of Lot 450 of the said subdivision;
Thence North 00 degrees 00 minutes 00 seconds East, along the easterly line of said Lot 450 and a 16 foot wide alley, a distance of 16.00 feet to a point at the northeasterly corner of a 16 foot wide alley;
Thence North 90 degrees 00 minutes 00 seconds West, along the northerly line of said alley, a distance of 70.00 feet to a point in the southeasterly corner of said Lot 405;
Thence North 00 degrees 00 minutes 00 seconds East, along the easterly line of said Lot 405, a distance of 112.50 feet to the Point of Beginning.
Containing 1.571 acres, more or less. Within the described bounds are Franklin County Auditor's Parcel Numbers 010-035635, 010-035636, 010-113409 and 010-232936.
All references herein are to records in the Recorder's Office, Franklin County, Ohio.
The basis of bearings for this description is based on the northerly right-of-way line of Jenkins Avenue, being North 90 degrees 00 minutes 00 seconds West, as described in the deed conveyed to TG707 Inc. in Instrument Number 200511160242350.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a school, or those uses permitted in the L-M, Limited Manufacturing District.
SECTION 3. That this ordinance is further conditioned as follows: a) The school shall provide total required parking in compliance with Section 3342.28, Minimum Number of Parking Spaces Required, with a minimum of six (6) parking spaces on the school parcel and north of the 16 foot alley south of Jenkins Avenue, and the difference in the total number of required parking spaces and six (6) spaces being provided on the north side of Jenkins Avenue and within the area described as "Tract 1" in Section 1, and b) if the school building (707 Jenkins Avenue) is proposed to be split onto a separate parcel, in addition to any other applicable lot split review and processing, the Division of Water shall review the split regarding any applicable water tap or metering requirements.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits for the proposed use.
SECTION 5. 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.