Explanation
Council Variance Application: CV10-019
APPLICANT: Anegela M. Driskell; c/o Rhonda Clark, Agent; P.O. Box 135; New Albany OH, 43054.
PROPOSED USE: Single-unit dwelling.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested Council Variance will allow a single-unit dwelling in the L-M-2, Limited Manufacturing District. A Variance is necessary because the L-M-2, Limited Manufacturing District, does not permit residential uses except for a resident security person. The site was zoned RRR, Restricted Rural Residential District prior to 1991, and residential use is prevalent in the neighborhood. Rezoning this single parcel to a residential district is not logical if the parcels to the east and west are to remain zoned in the L-M-2 District, and keeping the underlying L-M-2 District is less restrictive to the surrounding industrially-zoned properties. The single-unit dwelling will be developed in accordance with the RRR, Restricted Rural Residential District requirements. A variance to eliminate the commitment in the limitation text for required mounding along Petzinger Road is included in the request because Staff believes it is not necessary for a residential development. Approval of this request will not introduce an incompatible use to the area. No recommendation is being made regarding the hardship aspect of this request.
Title
To grant a Variance from the provisions of Sections 3367.01, M-2, Manufacturing district; 3370.06, Standards; and 3370.07, Conditions and limitations, of the Columbus City Codes, for the property located at 3276 PETZINGER ROAD (43232), to permit a single-unit dwelling without the required mounding along the Petzinger Road frontage in the L-M-2, Limited Manufacturing District (Council Variance CV10-019).
Body
WHEREAS, by application No. CV10-019, the owner of the property at 3276 PETZINGER ROAD (43232), is requesting a Council Variance to permit a single-unit dwelling without the required mounding along the Petzinger Road frontage in the L-M-2, Limited Manufacturing District; and
WHEREAS, Section 3367.01, M-2, Manufacturing district, does not permit residential uses except for a resident security person, while the applicant proposes to construct a single-unit dwelling; and
WHEREAS, Section 3370.06, Standards, requires any use to meet or exceed each minimum development standard of the underlying zoning classification unless more limited standards are specifically identified in the limited overlay development plan in which event such more limited standards shall apply, while the applicant requests deviation from one of the limitations contained in the limitation text of Z90-129; and
WHEREAS, Section 3370.07, Conditions and limitations, requires any use to conform to each condition or limitation specifically identified and imposed in the development plan, while the applicant requests relief from the zoning text requirement in Z90-129 that requires a three-foot high earthen mound along the Petzinger Road frontage with shrubs planted across the top and set back a minimum of fifteen (15) feet; and
WHEREAS, City Departments recommend approval because the site was zoned RRR, Restricted Rural Residential District prior to 1991, and residential use is prevalent in the neighborhood. Rezoning this single parcel to a residential district is not logical if the parcels to the east and west are to remain zoned in the L-M-2 District, and keeping the underlying L-M-2 District is less restrictive to the surrounding industrially-zoned properties. The single-unit dwelling will be developed in accordance with the RRR, Restricted Rural Residential District requirements, and approval of this request will not introduce an incompatible use to the area; 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 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 3276 PETZINGER ROAD (43232), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is granted from the provisions of Sections 3367.01, M-2, Manufacturing district; 3370.06, Standards; and 3370.07, Conditions and limitations, of the Columbus City Codes, for the property located at 3276 PETZINGER ROAD (43232), insofar as said sections prohibit a single-unit dwelling with no compliance to the limitation text mounding requirements in Z90-129 in the L-M-2, Limited Manufacturing District; said property being more particularly described as follows:
3276 PETZINGER ROAD (43232), being 1.0± acres located on the north side of Petzinger Road, northwest of the intersection of Petzinger Road and Glenbrook Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and City of Columbus:
Situated in Section 29, Half-section 52, Township 12, Range 21, Refugee Lands, and being part of the 6.55 acre tract conveyed to Teena Poppenhaeger by deed of record in Deed Book 899, Page 71 of record in the Franklin County Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the south line of said 6.55 acre tract, said point being also in the center line of Courtright Road, and North 76 degrees 50' 00" West and 461.70 feet distant from the southeast corner of said 6.55 acre tract; thence North 76 degrees 50' 00" West with said centerline 153.60 feet to a point,; thence North 13 degrees 10' 00" East across said tract 270.90 feet to an iron pin set in the North line of said tract, passing an iron pin found at 30.00 feet; thence South 86 degrees 22' 00" East with said North line 155.76 feet to an iron pin; thence South 13 degrees 10' 00" West 296.69 feet to place of beginning, passing an iron pin at 266.69 feet and containing 1.00 acre, more or less.
Parcel # 010-118712
3276 Petzinger Road
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a single-unit dwelling, or those uses permitted in the L-M-2, Limited Manufacturing District established by application No. Z90-129, Ordinance No. 34-91.
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 is further conditioned on the development of the single-unit dwelling complying with the requirements of the RRR, Restricted Rural Residential District.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.