Explanation
Council Variance Application: CV17-060
APPLICANT: Kenny Road Storage, LLC; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Commercial and industrial uses.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with an office flex/industrial building and was recently rezoned to the L-AR-1, Limited Apartment Residential District (Z16-021; Ordinance # 2443-2016). The requested variance will allow existing uses operating on the site to continue until such time that the residential redevelopment occurs. Specifically, the request will allow a limited number of commercial uses, and all less-objectionable manufacturing uses as permitted by the previous M-1 district. The site is within the boundaries of The Northwest Plan (2016), which recommends “Mixed-Use 1” at this location, and the Plan recognizes and supports existing manufacturing uses on the subject site. The proposed commercial and industrial uses already exist, will not introduce incompatible land uses, and are compatible with the Plan’s land use recommendation.
Title
To grant a Variance from the provisions of Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, of the Columbus City Codes; for the property located at 4660 KENNY ROAD (43220), to permit limited commercial and manufacturing uses in the L-AR-1, Limited Apartment Residential District (Council Variance # CV17-060) and to declare an emergency. (REPEALED BY ORD. 2806-2020; PASSED 12/14/2020)
Body
WHEREAS, by application #CV17-060, the owner of the property at 4660 KENNY ROAD (43220), is requesting a Variance to permit limited commercial and manufacturing uses in the L-AR-1, Limited Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, prohibits commercial and industrial uses in the AR-1, Apartment Residential District, while the applicant proposes to permit Exercise and Health Facilities, Camera, Photo Finishing and Photographic Supplies Stores, Art Dealers, and Arts and Crafts, in addition to all less objectionable uses as permitted by the M-1, Manufacturing District; and
WHEREAS, City Departments recommend approval because the requested commercial and industrial uses are consistent with the land use recommendations of The Northwest Plan, are already in existence at this site, will not add incompatible land uses to the area, and will no longer be permitted once the site is redeveloped; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 owner of the property located at 4660 KENNY ROAD (43220), in using said property as desired;
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; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is hereby granted from the provisions of Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, of the Columbus City Codes; for the property located at 4660 KENNY ROAD (43220), insofar as said section prohibits commercial and less objectionable manufacturing uses in the L-AR-1, Limited Apartment Residential District; said property being more particularly described as follows:
4660 KENNY ROAD (43220), being 1.85± acres located on the east side of Kenny Road 377± north of Godown Road, and being more particularly described as follows:
Situated in the County of Franklin, State of Ohio and in the City of Columbus:
Being a part of Section 1, Township 1, Range 19, United States Military Lands and being that certain Tract conveyed to the CAA Corporation by deed recorded in Deed Book 2978, Page 388, Records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the centerline of Kenny Road, 60 ft. in width, at the northwest corner of said CAA Corporation’s tract and the southwest corner of 2.953 acre tract conveyed to Keneco, Inc., by Deed of Record in Deed Book 2508, Page 423, records of said Recorder’s Office: thence N. 88° 11’ E., passing an iron pin at 31.42 ft., a distance of 715.85 ft. to an iron pin in the westerly line of the Chesapeake and Ohio Railroad Right-of-Way; thence S. 14° 23’ E., with said Railroad, a distance of 156.33 ft. to an iron pin; thence S. 88° 11’ W. passing an iron pin at 766.39 ft. a distance of 797.81 ft. to a point in the centerline of Kenny Road; thence N. 15° 30’ E., with the centerline of said Road, a distance of 159.74 ft. to the point of beginning, containing 2.650 acres, more or less, except the following:
Being in Quarter Township 1, Township 1-North, Range 19-West, United States Military Lands, being a 0.655 acre tract of land all out of that 2.650 acre tract of land described in a deed to Frank J. Cipriano, Trustee, of record in Deed Book 3622, Page 614, Recorder’s Office, Franklin County, Ohio, said 0.655 acre tract being more particularly described as follows:
Beginning at a point in the centerline of Kenny Road (60.00 feet in width) at the southwesterly corner of said 2.650 acre tract, said point also being the northwesterly corner of a 3 acre tract of land described in a deed to Victoria S. Haddad of record in Deed Book 3446, Page 763, Recorder’s Office, Franklin County, Ohio;
Thence North 15° 30’ 00” East, along the centerline of said Kenny Road, a distance of 107.46 feet to a point;
Thence North 88° 11’ 00” East, parallel to and 50.00 feet southerly from (as measured at right angles) the northerly line of said 2.650 acre tract, a distance of 57.61 feet to a point;
Thence North 15° 30’ 00” East, parallel to and 55.00 feet easterly from (as measured at right angles) the centerline of said Kenny Road, a distance of 15.71 feet to a point;
Thence North 88° 11’ 00” East, parallel to and 35.00 feet southerly from (as measured at right angles) the northerly line of said 2.650 acre tract, a distance of 174.23 feet to a point;
Thence South 1° 49’ 00” East, a distance of 117.58 feet to a point in the southerly line of said 2.650 acre tract;
Thence South 88° 11’ 00” West, along the southerly line of said 2.650 acre tract, the same being the northerly line of said 3 acre tract, a distance of 268.50 feet to the place of beginning (passing an iron pin found on the easterly right-of-way line of Kenny Road at a distance of 237.08 feet) and containing 0.655 acres of land.
The above described Tract #1 contains 1.995 acres and is subject to the following…described non-exclusive ingress, egress and utility easement for the purpose of providing vehicular access, drainage outlets, and any utility services necessary to allow use of the aforementioned 0.655 acre tract, grantee acknowledges that in no way will the use of this easement impair the access to the residential property of grantor.
Beginning at a point in the centerline of Kenny Road (60.00 feet in width) at the northwesterly corner of said 2.650 acre tract;
Thence North 88° 11’ 00” East, along the northerly line of said 2.650 acre tract a distance of 220.93 feet to a point;
Thence South 1° 49’ 00” East, a distance of 35.00 feet to a point;
Thence South 88° 11’ 00” West, parallel to and 35.00 feet southerly from (as measured at right angles) the northerly line of said 2.650 acre tract, a distance of 174.23 feet to a point;
Thence South 15° 30’ 00” West, parallel to and 55.00 feet easterly from (as measured by right angles) the centerline of said Kenney Road, a distance of 15.71 feet to a point;
Thence South 88° 11’ 00” West, parallel to and 50.00 feet southerly from (as measured at right angles) the northerly line of said 2.650 acre tract, a distance of 57.61 feet to a point in the centerline of said Kenny Road;
Thence North 15° 30’ 00” East, along said centerline, a distance of 52.37 feet to the place of beginning and containing 8,787 square feet of land more or less.
Parcel No: 010-129794
Known as address: 4660 Kenny Road, Columbus, OH 43220
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for Exercise and Health Facilities, Camera, Photo Finishing and Photographic Supplies Stores, Art Dealers, Arts and Crafts stores, and all less objectionable uses as permitted by the M-1, Manufacturing District (C.C. 3365.02 - 3365.08) within the existing building.
SECTION 3. That this ordinance shall expire upon redevelopment of the site in accordance with Ordinance # 2809-2016 (Z16-024).
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
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.