Explanation
Council Variance Application: CV24-056
APPLICANT: Buckeye Clinic; c/o Bryant Curry; 3121 West Broad Street; Columbus, OH 43016.
PROPOSED USE: Shared living facility.
MIDEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling in the SR, Suburban Residential District. The site is subject to zoning code violations for failure to obtain a certificate of zoning clearance and a rooming house license for a shared living facility. A Council variance is required because while the SR district allows a residential care facility for up to five occupants, it does not allow the proposed adult care facility (shared living facility) for a maximum of seven occupants with management staff. A variance to reduce the required parking is also included in this request. The site is located within the planning boundaries of the Livingston East Area Plan (2008), which recommends “Residential (Single-Family)” land uses at this location. Additionally, the Plan includes complete adoption of the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). Staff has no objection to the requested use, which must comply with Ohio Revised Code requirements, obtain a rooming house license, and be inspected yearly. Staff is in support of the request for reduced parking spaces as the residents will not have personal vehicles.
Title
To grant a Variance from the provisions of Sections 3332.029, SR suburban residential district; and 3312.49, Required parking, of the Columbus City Codes; for the property located at 4130 E. LIVINGSTON AVE. (43227), to allow a shared living facility with reduced parking in the SR, Suburban Residential District (Council Variance #CV24-056).
Body
WHEREAS, by application #CV24-056, the owner of property at 4130 E. LIVINGSTON AVE. (43227), is requesting a Council variance to allow a shared living facility with reduced parking in the SR, Suburban Residential District; and
WHEREAS, Section 3332.029, SR suburban residential district, allows a residential care facility for up to 5 occupants, but does not allow a shared living facility, while the applicant proposes to operate a recovery adult care facility for a maximum of seven occupants and management staff within a single-unit dwelling; and
WHEREAS, Section 3312.49, Required parking, requires one parking space per 400 square feet of shared living facility space, a total requirement of six spaces, while the applicant proposes to maintain four parking spaces, as shown on the submitted site plan; and
WHEREAS, the Mideast Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because this request will allow a shared living facility that provides residents a home and a network of support that promotes recovery, health, and responsible living. Furthermore, retaining the underlying zoning classification will ensure that the residential character of the neighborhood will be maintained; 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 4130 E. LIVINGSTON AVE. (43227) 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 3332.029, SR, suburban residential district; and 3312.49, Required parking, of the Columbus City Codes; is hereby granted for the property located at 4130 E. LIVINGSTON AVE. (43227), insofar as said sections prohibit a shared living facility within a single-unit dwelling in the SR, Suburban Residential District, with a reduction in required parking from six to four spaces; said property being more particularly described as follows:
4130 E. LIVINGSTON AVE. (43227), being 0.18± acres located on the north side of East Livingston Avenue, 441± feet east of South Yearling Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being Lot Number Eight Hundred Sixty-One (861), In Pinecrest No. 3 as the same number and delineated on the recorded plat thereof, of in Plat Book No 30. Page 28, Recorder’s Office, Franklin County, Ohio.
Address: 4130 E. Livingston Ave., Columbus, Ohio 43227
Parcel #: 010-122920-00
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a shared living facility for up to seven occupants with management staff, or those uses permitted in the SR, Suburban Residential 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.