Explanation
Council Variance Application: CV08-008
APPLICANT: New Horizon Christian Fellowship; c/o Robin T. Green; 1433 Wilmore Drive; Columbus, OH 43209.
PROPOSED USE: Church.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 1.68± acre site is developed with an office/warehouse building and is zoned in the M-1, 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-1, Manufacturing District. Approval of this request will not introduce an incompatible use to the area.
Title
To grant a Variance from the provisions of Section 3365.01, M-1, Manufacturing District, of the Columbus City Codes; for the property located at 2080-2090 FAIRWOOD AVENUE (43207), to permit a church in the M-1, Manufacturing District and to declare an emergency (Council Variance # CV08-008).
Body
WHEREAS, by application No. CV08-008, the owner of property at 2080-2090 FAIRWOOD AVENUE (43207), is requesting a Council Variance to permit a church in the M-1, Manufacturing District; and
WHEREAS, Section 3367.01, 3365.01, M-1, Manufacturing District, prohibits churches, while the applicant proposes to convert an existing office-warehouse building into a church; and
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; 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 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-1, Manufacturing District, which allows industrial, warehouse, and bulk storage uses; 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 2080-2090 FAIRWOOD 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 Section 3365.01, M-1, Manufacturing District, of the Columbus City Codes; is hereby granted for the property located at 2080-2090 FAIRWOOD AVENUE (43207), insofar as said section prohibits a church and accessory church-related uses including but not limited to classrooms and a book store; said property being more particularly described as follows:
2080-2090 FAIRWOOD AVENUE (43207), being 1.68± acres located on the east side of Fairwood Avenue, 427± feet south of Universal Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Half Section 38, Section 26, Township 5, Range 22, Refugee Lands, containing 1.65 acres of land, more or less, out of that (original) 59.72 acre tract of land as described in a deed to Oscar L. Thomas, Incorporated, of record in Deed Book 2078, page 695 (all references to Deed Books and Plat Books in this description refer to the records of the Recorder's Office, Franklin County, Ohio); said 1.675 acre tract being more particularly described as follows:
Beginning, for reference, at the centerline intersection of Fairwood Avenue and Universal Road, as the same is designated and delineated upon the recorded plat of Dedication Plat of Progress Avenue, Universal Road, Advance Avenue and Utility Easements, of record in Plat Book 37, page 13; then e South 87 degrees 57 minutes 30 seconds East with the centerline of said Universal Road, a distance of 25.00 feet to a point; thence South 2 degrees 32 minutes 30 seconds West with easterly line of said Fairwood Avenue, a distance of 456.61 feet to the true point of beginning.
Thence, from said true point of beginning, South 87 degrees 57 minutes 30 seconds East, a distance of 363.28 feet to a point in the westerly line of that 7.236 acre tract as described in a Deed to Lederer Terminal Warehouse Co., of record in deed Book 3154, 658;
Thence South 2 degrees 32 minutes 30 seconds West, with the westerly line of said 7.236 acre tract, a distance of 191.00 feet to a northeasterly corner of that Parcel No. 2, as described in a deed to Van Dyne-Crotty Co., of record in Deed Book 3401, page 998;
Thence North 87 degrees 37 minutes 00 seconds West, with the northerly line of said Parcel No. 2, the northerly line of that 0.161 acre tract as described in a deed to City of Columbus, or record in Deed Book 2893, page 117, a distance of 203.27 feet to a northwesterly corner of said 0.161 acre tract;
Thence South 2 degrees 32 minutes 30 seconds West, with a westerly line of said 0.161 acre tract, a distance of 25.00 feet to a point in a northerly line of that 0.904 acre tract as described in a deed to City of Columbus, of record in Deed Book 2637, page 417;
Thence North 87 degrees 37 minutes 00 seconds West, with northerly line of said 0.904 acre tract, a distance of 160.00 feet to a point in the easterly line of said Fairwood Avenue;
Thence North 2 degrees 32 minutes 30 seconds Ease, with said easterly line, a distance of 213.83 feet to the true point of beginning and containing 1.675 acres of land, more or less/
Subject to all easements, restrictions and rights-of-way, if any, previous record.
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, or those uses permitted in the M-1, 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. 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.