Explanation
Council Variance Application: CV22-072
APPLICANT: 5811 Olentangy River Road, LLC; c/o William Ghidotti, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Boarding house.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a boarding house that contains a total of five guest rooms as permitted by Ordinance #2580-2013 (CV13-036). The applicant requests a new Council variance to permit the addition of three additional guest rooms, bringing the total number of guest rooms on site to eight. A Council variance is necessary because only certain apartment residential zoning districts permit this use, and a rezoning of this property is not appropriate in this instance. Although The Northwest Plan (2016) recommends this site for “Low Density Residential” land uses, staff recognizes that the request is a modest expansion of an existing use, and that the property is of a sufficient size with high levels of screening so as to mitigate any potential effects of the proposal.
Title
To grant a Variance from the provisions of Sections 3332.027, RR rural residential district; and 3312.27, Parking setback line, of the Columbus City Codes; for the property located at 5811 OLENTANGY RIVER RD. (43235), to permit a boarding house with a reduced parking setback line in the RR, Rural Residential District, and to repeal Ordinance #2580-2013 (CV13-036) (Council Variance #CV22-072).
Body
WHEREAS, by application #CV22-072, the owner of the property at 5811 OLENTANGY RIVER RD. (43235), is requesting a Variance to permit a boarding house with a reduced parking setback line in the RR, Rural Residential District; and
WHEREAS, Section 3332.027, RR, Rural Residential district, does not permit a boarding house use, while the applicant proposes an expansion to a previously approved boarding house use on the property; and
WHEREAS, Section 3312.27(3), Parking setback line, requires the parking setback line to be 25 feet from Olentangy River Road, while the applicant proposes a parking setback of zero feet along Olentangy River Road; and
WHEREAS, City Departments recommend approval of the requested Council variance because the request will permit a modest expansion of the existing boarding house use, and that the property is of a sufficient size with high levels of screening to mitigate the effects of the proposal; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 5811 OLENTANGY RIVER RD. (43235), 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 hereby granted from the provisions of Sections 3332.027, RR rural residential district; and 3312.27, Parking setback line; for the property located at 5811 OLENTANGY RIVER RD. (43235), insofar as said sections prohibit a boarding house in the RR, Rural Residential District, with a reduced parking setback line from 25 feet to zero feet along Olentangy River Road; said property being more particularly described as follows:
5811 OLENTANGY RIVER RD. (43235), being 3.94± acres on the west side of Olentangy River Road, 160± feet south of Greenridge Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Lot 14, Section 3, Township 2, Range 18, United States Military Lands, and being 3.970 acres out of that original 13.985 acre tract of land as conveyed in a deed to Margaret W. Timmons, of record in Deed Book 1272, page 311 (all references to Deed Books and Plat Books are of record in the Recorder's Office, Franklin County, Ohio), and said 3.970 acres being more particularly described as follows:
Beginning at a P.K. nail in the centerline of Olentangy River Road (S.R. 315), said P.K. nail also being the northeast corner of that original 13.985 acre tract as conveyed in a deed to George W. Timmons and Son, Inc., of record in Deed Book 2950, page 253;
Thence S. 0 deg. 48' 07" E., with the centerline of Olentangy River Road (S.R. 315), a distance of 508.20 feet to a railroad spike;
Thence through the remainder of said original 13.985 acre tract, the following three (3) courses: (1) N. 72 deg. 29' 29" W., a distance of 293.77 feet to an iron pin; (2) N. 76 deg. 17' 23" W., a distance of 156.11 feet to an iron pin; (3) S. 78 deg. 06' 11" W., a distance of 130.51 feet to an iron pin in the easterly line of the Columbus Board of Education 2.511 acre tract of land of record in Deed Book 3143, page 507;
Thence with said easterly line N. 2 deg. 17' 41" E., a distance of 106.14 to an iron pin a southerly line of Timbrook Farm No. 1 of record in Plat Book 39, pages 12-13, said iron pin also being the northeast corner of the aforementioned Columbus Board of Education 2.511 acre tract of land;
Thence with the southerly line of said Timbrook Farm No. 1 N. 80 deg. 51' 08" E., a distance of 3.15 feet to a point; Thence continuing with said southerly line S. 89 deg. 05' 59" E., a distance of 214.13 feet to an iron pin in the southeast corner of said Timbrook Farm No. 1;
Thence with the east line of Timbrook Farm No. 1, N. 0 deg. 22' 40" E., a distance of 314.45 feet to an iron pin in a southerly line of Indian Hills Subdivision of record Plat Book 34, pages 15-16 said iron pin also being the northeast corner of Timbrook Farm No. 1 and;
Thence with said southerly line of Indian Hills Subdivision and the most northerly line of that original 13.985 acre tract conveyed to Margaret W. Timmons, of record in Deed Book 1272, page 311, S. 88 deg. 36' 50" E., a distance of 329.00 feet to the place of beginning, and containing 3.970 acres of land, more or less. Subject to all rights-of-way, easements and restrictions, if any, or previous record.
Parcel ID: 010-146313
Known Address: 5811 Olentangy River Rd., Columbus, OH 43235.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a boarding house, or those uses permitted in the RR, Rural Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "SITE PLAN," dated February 3, 2023, and signed by Eric Zartman, Attorney for the Applicant. The plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 5. That Ordinance #2580-2013, passed December 9, 2013, be and are hereby repealed.