Explanation
Council Variance Application: CV03-034
APPLICANT: Second Shiloh Baptist Church; c/o Franklin E. Eck, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Parking lot development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will permit a parking lot for a church on vacant land in the R-2, Residential District. Staff supports the application for a Council variance instead of a rezoning because were the the Church to acquire the parcel between the existing church and the proposed parking lot and combine the properties, there would be no need for a Council variance or rezoning to construct such a parking lot. Staff believes it is best to allow this possibility to occur rather than introduce an unnecessary commercial zoning district into a residential area. The applicants are providing a walkway between the church and the parking lot to allow pedestrians safe passage between the proposed sidewalk and the church. The proposed parking lot will alleviate the need for parishioners to park on the street.
Title
To grant a Variance from the provisions of Sections 3332.033, R-2, residential district, for the property located at 1273 FABER AVENUE (43207), to permit a parking lot for a church in the R-2, Residential District. (Council Variance # CV03-034)
Body
WHEREAS, by application #CV03-034 the owner of property at 1273 FABER AVENUE (43207), is requesting a Council Variance for a parking lot in the R-2, Residential District; and
WHEREAS, Section 3332.033, R-2, residential distrct, prohibits parking lot development;
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 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 1273 FABER AVENUE (43207), 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 the provisions of Sections 3332.033, Residential District; for the property located at 1273 FABER AVENUE (43207), insofar as said sections prohibit parking lots, said property being more particularly described as follows:
1273 FABER AVENUE (43207), being 0.37± acres located on the south side of Faber, and being more particularly described as follows:
LEGAL DESCRIPTION
1295 Faber Avenue
Situate in the State of Ohio, County of Franklin, in the State of Ohio and in the City of Columbus beginning at an iron pipe in the South line of Faber Avenue as the same is shown of record in Plat Book 22, page 81, Recorder's Office, Franklin County, Ohio and being South 89 degrees 34' East 1449.2 feet from the center line of Lockbourne Road;
Thence along the South line of Faber Avenue, South 89 degrees 34' East 68 feet to an iron pipe;
Thence South 0 degrees 13' West 238 feet, to and iron pipe;
Thence North 89 degrees 34' West 68 feet to an iron pipe;
Thence North 0 degrees 13' East (parallel to, and 1449.2 feet East of the center of Lockbourne Road) 238 feet to the place of beginning, containing 0.371 acre, more or less.
Being Parcel No. 25 of Allen E. McDowell's GREENHILL ACRES No. 2 parcel plat, Auditor's Office, Franklin County, Ohio.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a church parking lot or those uses permitted in the R-2, Residential district.
Section 3. That this ordinance is conditioned on the site being developed in general conformance with the "SECOND SHILOH BAPTIST CHURCH PARKING IMPROVEMENTS 1273 FABER AVENUE COLUMBUS, OH", dated September 22, 2003 and signed by Franklin E. Eck, Attorney for the Applicant. This Plan, may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of completion of engineering plans and development. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
Section 4. That this ordinance is conditioned on all trees meeting the following minimum size at the time of planting: Shade trees 2 1/2" caliper; Ornamental trees 1 1/2" caliper; Evergreen trees 5 feet in height. Tree caliper is measured six (6) inches from the ground. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
Section 5. That this ordinance is further conditioned on all parking lot lighting being cut-off fixtures (down lighting). Parking lot light poles shall not exceed a maximum of 14 feet in height. All parking lot light poles and fixtures shall be a dark color and shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
Section 6. That this ordinance is further conditioned on a paved walk being provided between the church and the parking lot. Such sidewalk may be located on the property within the 25-foot setback and/or the east buffer strip subject to the approval of the Division of Transportation.
Section 7. That this ordinance is further conditioned on no dumpsters being located on the subject site.
Section 8. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.