Explanation
Council Variance Application: CV08-001
APPLICANT: Church of Scientology of Central Ohio; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Church.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 4.9± acre site is developed with an office/warehouse building and is zoned in the M-2, Manufacturing District. The applicant requests a Council variance to allow the structure to be converted to a church and accessory church-related uses including classrooms and a book store. A variance is necessary because a church is not a permitted use in the M-2, Manufacturing District. Variances for existing conditions for the building and parking lot are also included in the request. Approval of this request will not introduce an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3367.01, M-2, Manufacturing uses; 3367.15, M-2 Manufacturing district special provisions; 3342.13(a), Loading space; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes; for the property located at 1266 DUBLIN ROAD (43215), to permit a church and accessory church-related uses with reduced building and parking setbacks in the M-2, Manufacturing District (Council Variance # CV08-001).
Body
WHEREAS, by application No. CV08-001, the owner of property at 1266 DUBLIN ROAD, is requesting a Council Variance permit a church and accessory church-related uses with reduced building and parking setbacks in the M-2, Manufacturing District; and
WHEREAS, Section 3367.01, M-2, Manufacturing district, prohibits churches, while the applicant proposes to convert an existing office/warehouse building into a church; and
WHEREAS, Section 3367.15, M-2 Manufacturing district special provisions, requires that any building or structure of any type shall be located not less than fifty (50) feet from the street line, and that no portion of the required fifty (50) foot buffer shall be used for either off-street parking or loading spaces, while the applicant proposes to maintain the existing non-conforming building and parking setbacks of thirty-five (35) feet; and
WHEREAS, Section 3342.13(a), Loading space, requires that all loading and maneuvering areas shall be located on the same lot as the use they are intended to serve, while the applicant proposes to maintain the loading space maneuvering area on an adjacent property; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires one (1) parking space for every 30 square feet of sanctuary or auditorium space for churches, one (1) parking space for every 250 square feet of medical office or retail space, one (1) parking space for every 300 square feet of general office space, and two (2) parking spaces per classroom for accessory educational uses, while the applicant proposes to maintain the existing one-hundred seventy-five (175) parking spaces; and
WHEREAS, City Departments recommend approval because requested Council variance will not introduce an incompatible use to the area. The variance will allow an existing office/warehouse building to be converted to a church and accessory church-related uses including classrooms and a book store. A variance is necessary because a church is not a permitted use in the M-2, Manufacturing District; 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 1266 DUBLIN ROAD (43215), 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 3367.01, M-2, Manufacturing district; 3367.15, M-2 Manufacturing district special provisions; 3342.13(a), Loading space; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes; is hereby granted for the property located at 1266 DUBLIN ROAD (43215), insofar as said section prohibits a church and accessory church-related uses including but not limited to classrooms and a book store, with building and parking setbacks of thirty-five (35) feet, the loading space maneuvering area on an adjacent property, and a potential parking space variance by maintaining the existing one-hundred seventy-five (175) parking spaces; said property being more particularly described as follows:
1266 DUBLIN ROAD (43215), being 4.97± acres located on the north side of Dublin Road, 1800± feet west of Urlin Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and bounded and described as follows;
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Sections 11 and 12, Township 1 North, Range 23 West, Congress Lands, containing 4.966 acres of land, more or less, said 4.966 acres being all of that tract of land described in the deed to Robinson-Houchin, Inc., of record in Deed Book 1823, page 554, Recorder's Office, Franklin County, Ohio, said 4.966 acres being more particularly described as follows:
Beginning at a 3/4 inch (I.D.) iron pipe found at the northwesterly corner of said Robinson-Houchin, Inc. tract, in the southwesterly right of way line of Conrail (formerly P.C.C. & St. Louis Railroad), the same being at the northeasterly corner of that 4,793 acre tract of land described in the deed to Maury I. Kaplin, Trustee, of record in Official Record 0l205Fl9, Recorder's Office, Franklin County, Ohio;
Thence Southeastwardly, with the northeasterly line of said Robinson-Houchin, Inc. tract and with the southwesterly right-of-way line of said Conrail, the same being the arc of a curve to the left, having a radius of 1,506.96 feet, a central angle of 15° 04' 22", and a chord that bears S. 56° 47' 03" E., a chord distance of 395.29 feet to a 3/4 inch (I.D.) iron pipe set at the northeasterly corner of said Robinson-Houchin, Inc. tract, the same being at an angle point in the southwesterly right-of-way line of said Conrail;
Thence S. 2° 11' 25" W., with the easterly line of said Robinson-Houchin, Inc. tract, in. part, with a westerly right-of-way line of said Conrail and, in part, with the westerly line of that tract designated as Parcel #2 and described in the deed to American Brake Shoe Company, of record in Deed Book 1983, page 441, Recorder's Office, Franklin County, Ohio, passing 3/4 inch (I.D.) iron pipes found at a distance of 10.90 feet and at a distance of 457.68 feet, a total distance of 565.64 feet, to the southeasterly corner of said Robinson-Houchin, Inc. tract in the old centerline of said Dublin Road;
Thence N. 63° 05 07" W., with the old centerline of said Dublin Road and with the southwesterly line of said Robinson-Houchin, Inc. tract, a distance of 444.88 feet to the southwesterly corner of said Robinson-Houchin, Inc. tract, the same being the southeasterly corner of said 4.793 acre tract;
Thence N. 8° 35' 00" E., with the westerly line of said Robinson-Houchin, Inc. tract, the same being the easterly line of said 4.793 acre tract, passing 3/4 inch (I.D.) iron pipes found at a distance of 126.96 feet and at a distance of 496.70 feet, a total distance of 586.96 feet to the point of beginning and containing 4.966 acres of land, more or less.
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 and accessory church-related uses, and/or those uses permitted in the M-2, Manufacturing District.
SECTION 3. That this ordinance is further conditioned on 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.