Explanation
Council Variance Application: CV14-029
APPLICANT: Paul D. Howard; c/o Kim Neal, Agent; 1453 Burnley Square North; Columbus, OH 43229.
PROPOSED USE: Home occupation with reduced development standards.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The Zoning Code permits home-based businesses in residential districts with ten conditions that are intended to maintain compatibility with the residential character of the neighborhood. The applicant conducts a home healthcare business from his home and requests to vary two of those conditions: to permit the home occupation to occupy 27% of the livable area of the dwelling, an increase from 20%; and to permit three non-resident employees. A hardship exists in that rezoning the site to a commercial district is inappropriate and would cause the residential use to become non-conforming. The site is located within the planning area of the Near East Area Plan (2005), which includes evaluation criteria regarding the potential for commercial uses in residential areas. Staff supports the request based on consideration of those criteria, noting the following: the proposed use is an office use; it will not result in the demolition of an architecturally significant building; it will result in the use and preservation of an architecturally significant home; the impact on parking and traffic will be minimal; and the use provides jobs.
Title
To grant a Variance from the provisions of Sections 3332.37(D, E), Home occupation, of the Columbus City Codes; for the property located at 1487 MADISON AVENUE (43205), to permit a home occupation to occupy twenty-seven (27) percent of the livable area and have three non-resident employees in the R-3, Residential District (Council Variance # CV14-029).
Body
WHEREAS, by application No. CV14-029, the owner of property at 1487 MADISON AVENUE (43205), is requesting a Council variance to permit a home occupation to occupy twenty-seven (27) percent of the livable area and have three non-resident employees in the R-3, Residential District; and
WHEREAS, Section 3332.035(D), Home occupation, does not allow use of more than twenty (20) percent of the livable area of any residence for a home occupation, while the applicant proposes to use twenty-seven (27) percent (820 square feet) of his 3,038 square foot residence; and
WHEREAS, Section 3332.035(E), Home occupation, does not allow any person other than a permanent resident of a dwelling unit to be engaged or employed in a home occupation of this nature, while the applicant proposes that three (3) supportive personnel not living in the dwelling unit be allowed for a home healthcare business; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the request complies with the Near East Area Plan criteria for supporting commercial uses in residential areas. A hardship exists in that rezoning the site to a commercial district is inappropriate and would cause the residential use to become non-conforming. The Council Variance is the only mechanism to allow a home healthcare business to permit a larger-sized office that employs supportive personnel not living in the dwelling unit in the R-3, Residential District; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy (if required) 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 1487 MADISON AVENUE (43205), 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 3332.37(D, E), Home occupation, of the Columbus City Codes, are hereby granted for the property located at 1487 MADISON AVENUE (43205), in that said sections prohibit the use of twenty-seven (27) percent of livable space for a home occupation; a home healthcare business, from employing three (3) supportive personnel in a residence zoned in the R-3, Residential District; said property being more particularly described as follows:
1487 MADISON AVENUE (43205), being 0.13± acres located on the south side of Madison Avenue, 213± feet west of Franklin Park West, and being more particularly described as follows:
Situated in the County of Franklin, State of Ohio, and in the City of Columbus and being more particularly bounded and described as follows:
Being Lot Number Four (4) of MCGREW'S SUBDIVISION of Lots 7 to12 inclusive, of ZETTLER'S SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 94, Recorder's Office, Franklin County, Ohio.
Parcel No: 010-037240
Known As: 1487 Madison Avenue, Columbus 43205
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a single-unit dwelling and a sole proprietorship home healthcare business located in the applicant's principal residence at 1487 Madison Avenue, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the home healthcare agency occupying no more than twenty-seven (27) percent of the livable area of the residence (820 square feet).
SECTION 4. That this ordinance is further conditioned in that the number of support personnel employed on-site for the home healthcare agency is limited to a maximum of three (3) persons.
SECTION 5. That this ordinance is further conditioned on the following: The three (3) support personnel employed on-site shall work no more than five (5) hours per day between the hours of 10 AM and 4 PM Monday-Friday, or on Saturday between 10 AM and 2 PM. The home healthcare agency shall not be operated on Sunday.
SECTION 6. That this ordinance is further conditioned by limiting the home healthcare agency to one (1) home occupation sign displayed in compliance with C.C. 3376.08(B)(1)―(6) or such sign as may be approved by the Graphics Commission.
SECTION 7. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy (if required) for the proposed use.
SECTION 8. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.