Explanation
Council Variance Application: CV24-078
APPLICANT: Matt McCutcheon; 7575 Huntington Park Drive, Suite 130; Columbus, OH 43235.
PROPOSED USE: Collector well.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel in the EQ, Excavation and Quarrying District. A Council variance is required because the EQ District does not allow the construction of any buildings except for farming, agriculture and truck gardening, excavation of gravel and sand, quarrying of limestone or other rock, temporary processing plants, and solar energy collection, while the applicant proposes to construct a collector well building(s). A variance to increase building height is included in this request. The proposed use is consistent with the South Central Accord Amendment (2000) land use recommendation of “Excavation/Quarrying” for this location. Additionally, the building(s) will provide an increase in groundwater production, essential for the continued growth of Columbus and surrounding communities.
Title
To grant a Variance from the provisions of Sections 3369.02, Permitted uses; and 3309.14(A), Height districts, of the Columbus City Codes; for the property located at 378 LONDON-GROVEPORT RD. (43137), to allow a collector well building with increased height in the EQ, Excavation and Quarrying District (Council Variance #CV24-078).
Body
WHEREAS, by application #CV24-078, the owner of property at 378 LONDON-GROVEPORT RD. (43137), is requesting a Council variance to allow a collector well building with increased height in the EQ, Excavation and Quarrying District; and
WHEREAS, Section 3369.02, Permitted uses, allows only those buildings associated with farming, excavation, quarrying, and solar energy collections uses, while the applicant proposes a collector well building(s); and
WHEREAS, Section 3309.14(A), Height districts, allows a maximum building height of 35 feet in the H-35 district, while the applicant proposes an increased building height of 45 feet; and
WHEREAS, the Far South Columbus Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the request is consistent with the land use recommendations of the South Central Accord Amendment, and will allow crucial infrastructure for the continued growth of Columbus and surrounding communities; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy 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 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 378 LONDON-GROVEPORT RD. (43137) 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 3369.02, Permitted uses; and 3309.14, Height districts, of the Columbus City Codes; is hereby granted for the property located at 378 LONDON-GROVEPORT RD. (43137), insofar as said sections prohibit collector wells in the EQ, Excavation and Quarrying District, with an increased building height from 35 feet to 45 feet; said property being more particularly described as follows:
378 LONDON-GROVEPORT RD. (43137), being 160.88± acres located on the north side of London-Groveport Road, 475± east of Parsons Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Part of Section 34, Township 3N, Range 22W, Part of Mathews Survey of the Congress Lands East of the Scioto River an part of lot 2 of the Mordecai-Cloud Farm as recorded in Plat Book 3, Page 318 and re-recorded in Plat Book 3, Page 382 and being part of a 355.942 acre tract conveyed to Columbus Limestone, Inc., an Ohio Corporation, in Instrument Number 200206200153278, as recorded in the Franklin County Recorder’s Office and being more particularly described as follows:
COMMENCING at a railroad spike set the northwest corner of the southwest quarter of said section 34, being the grantor’s northwest comer and the southwest corner of a 181.00 acre tract conveyed to the City of Columbus, Ohio a Municipal Corporation in Deed Volume 3522, Page 439 and being witnessed by FCGS #1128 an aluminum disk encased in concrete at an angle point in the centerline of relocated Parsons Avenue. The said northwest corner of the southwest quarter of Section 34 being North 86 degrees 24 minutes 12 seconds West, 10.00 feet from said FCGS. 1128 and being the TRUE POINT OF BEGINNING for the parcel herein described:
Thence, along the grantor’s north line being the north line of said southwest quarter of Section 34 and the south line of said City of Columbus Tract, South 86 degrees 24 minutes 12 seconds East, 2801.03 feet to a 5/8 inch rebar set, passing said FCGS #1128 at 10.00 feet, to the grantor’s northeast corner and an angle point in the west line of a 332.180 acre tract conveyed to the City of Columbus, Ohio a Municipal Corporation in Instrument Number 201809140124524;
Thence, along the grantor’s east line and the west line of said 332.180 acre City of Columbus Tract, South 03 degrees 43 minutes 05 seconds West, 1172.00 feet to a point in Big Walnut Creek passing a 5/8 inch rebar set 902.00 feet;
Thence, along the grantor’s east line and the west line of said 332.180 acre City of Columbus Tract being in Walnut Creek, South 36 degrees 32 minutes 43 seconds East, 205.82 feet to a point in Big Walnut Creek;
Thence, along the grantor’s east line and the west line of said 332.180 acre City of Columbus Tract being in Walnut Creek, South 20 degrees 07 minutes 18 seconds East, 202.25 feet to a point in Big Walnut Creek;
Thence, along the grantor’s east line and the west line of said 332.180 acre City of Columbus Tract being in Walnut Creek, South 12 degrees 21 minutes 54 seconds East, 180.22 feet to a point in Big Walnut Creek;
Thence, along the grantor’s east line and the west line of said 332.180 acre City of Columbus Tract being in Walnut Creek, South 12 degrees 22 minutes 57 seconds East, 1009.19 feet to a point at the grantor’s southeast corner being in Big Walnut Creek and being on the south line of said section 34 and the north line of a 6.637 acre tract conveyed to Yan Ke in Instrument Number 200407010153077;
Thence, along the grantor’s south line and the south line of said 34 and the north line of said Ke tract, North 86 degrees 27 minutes 04 seconds West, 812.44 feet to a 5/8 inch rebar set at the southeast corner of a 8.497 acre tract conveyed Scioto Trail Post No. 2505 Veterans of Foreign Wars of United States, and Ohio Corporation in Deed Volume 2897, Page 510 and Deed Volume 2897, Page 505;
Thence, along the north line of said 8.497 acre tract and the north line of a 3.933 acre tract conveyed to Naamon Nakanashi in Instrument Number 200009250194562, North 40 degrees 51 minutes 14 seconds West, 1307.27 feet to a 5/8 inch rebar set;
Thence, along the west line of said 3.933 acre tract, South 16 degrees 08 minutes 46 seconds West, 957.00 feet to a point in the south line of said Section 34, passing a 5/8 inch rebar found at 1168.76 feet;
Thence, along the south line of said Section 34 and the north line of a 195.601 acre tract conveyed to Act Commodities, LLC an Ohio Limited Liability Company, North 86 degrees 27 minutes 04 seconds West, 1402.67 feet to a P.K. nail set at the Grantor’s southwest comer being the southwest corner of said Section 34;
Thence, along the grantor’s west line being the west line of said Section 34, North 03 degrees 33 minutes 56 seconds East, 2660.75 feet to the TRUE POINT OF BEGINNING, containing 169.707 acres, passing a 5/8 inch rebar set at 60.00 feet.
Parcel No.: 495-232643-00
Address: 378 London-Groveport Road, Columbus, OH 43137
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a collector well, or those uses allowed in the EQ, Excavation and Quarrying District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.