Explanation
Council Variance Application: CV24-099
APPLICANT: The Cat Welfare Association; c/o Sarah Pollyea, Atty.; 3 Easton Oval, Suite 100; Columbus, OH 43219.
PROPOSED USE: Animal shelter.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with an office building in the I, Institutional District. The requested Council variance will allow the existing building to be used as an animal shelter. A Council variance is required because animal shelters are not an allowed use in the I district. The site is located within the planning boundaries of the Clintonville Neighborhood Plan (2009), which recommends “Commercial (Neighborhood)” land uses at this location. Staff has no objection to the request as there are no external modifications proposed, and the use is consistent with the Plan’s land use recommendation.
Title
To grant a Variance from the provisions of Section 3349.03, Permitted uses, of the Columbus City Codes; for the property located at 625 E. NORTH BROADWAY. (43214), to allow an animal shelter in the I, Institutional District (Council Variance #CV24-099).
Body
WHEREAS, by application #CV24-099, the owner of property at 625 E. NORTH BROADWAY. (43214), is requesting a Council variance to allow an animal shelter in the I, Institutional District; and
WHEREAS, Section 3349.03, Permitted uses, prohibits animal shelters, while the applicant proposes to convert the existing office building into an animal shelter; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because there are no external modifications proposed to the existing building and the use is consistent with the Clintonville Neighborhood Plan’s (2009) land use recommendation of “Commercial (Neighborhood-)” at this location; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed animal shelter; 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 625 E. NORTH BROADWAY. (43214), 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 3349.03, Permitted uses, of the Columbus City Codes; is hereby granted for the property located at 625 E. NORTH BROADWAY. (43214), insofar as said section prohibits an animal shelter in the I, Institutional District; said property being more particularly described as follows:
625 E. NORTH BROADWAY. (43214), being 1.27± acres located on the south side of East North Broadway, 150± feet east of North Broadway Lane, and being more particularly described as follows:
Tract I:
Being a part of Lot Number Seventy-Three (73) of Loren and Dennison's North Broadway Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 370, Recorder's Office, Franklin County, Ohio, and more particularly described as follows:
Commencing at a point at the northwesterly corner of said Lot 73, (northeasterly corner of Lot 6 of Broadway Villa as recorded in Plat Book 17, Page 207, Recorder's Office, Franklin County, Ohio, said point being at the northwesterly corner of the City of Columbus, tract, Court of Common Pleas No. 213860);
Thence in a southerly direction, along the westerly line of said Lot 73, a distance of 25.0 feet to a point at the southwesterly corner of said City of Columbus, tract, and the true point of beginning of this description;
Thence in a southerly direction on the westerly line of said Lot 73, (easterly line of said Lot 6), and along the easterly lien of Lots 7 and 8 of said Broadway Villa, a distance of 282.0 feet to an iron pin at the southwesterly corner of said Lot 73, and in the northerly line of Glenola Heights (Plat Book 13, Page 14) and at the Southeasterly corner of said Lot 8;
Thence in an easterly direction, along the southerly line of said Lot 73, (northerly line of said Glenola Hts.), a distance of 181.7 feet to an iron pin in the westerly line of the City of Columbus 16-foot-wide tract (Plat Book 633, Page 293), said last described iron pin 56 feet westerly, (measured at right angles), of the westerly right of way line of the C.C.C. and St. L. Railroad;
Thence in a northerly direction, and along the westerly line of said 16 feet wide tract, and along a line 56 feet (measured at right angles) westerly of and parallel to the westerly line of said C.C.C. and St. L. Railroad right of way a distance of 145.50 feet to an iron pin at point of curve;
Thence continuing northwesterly along the westerly line of said 16-foot-wide tract;
And along a curve to the left having a radius of 832.6 feet, a chord distance of 125.0 feet to an iron pin in the northerly lien of said Lot 73;
Thence in a northwesterly direction, along the northerly line of said Lot 73, and along a curve to the right, having a radius of 95 feet, a chord distance of 64.1 feet to an iron pin in the southeasterly corner of said City of Columbus tract (Case No. 213860), said last described iron pin being southeasterly along a curve to the left, having a radius of 95 feet, a chord distance of 10.9 feet from an iron pin at the northeasterly corner of said Lot 73;
Thence in a southwesterly direction, across said Lot 73; and along the southerly line of said City of Columbus tract (Case No. 213860), a distance of 99.4 feet to a place of beginning, more or less.
Tract II:
Being situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of Lot 73 of Loren and Dennison's North Broadway Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 370, Recorder's Office, and being a part of the tract deeded to the Columbus and Southern Ohio Electric Company, in Deed Book 1674, Page 188, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at an iron pin at the southwesterly corner of said Lot 73, said iron pin being at the southeasterly corner of Lot 8 of Broadway Villa (Plat Book 17, Page 207);
Thence in an easterly direction, along the southerly line of said Lot 73, a distance of 202.83 feet to an iron pin at the southeasterly corner of said Lot 73, and the true point of beginning of this description, said last described iron pin being in a line 35 feet (measured at right angles) westerly of and parallel to the westerly right-of-way line of the Cleveland, Cincinnati, Chicago and St. Louis Railroad;
Thence in a westerly direction, along the southerly line of said Lot 73, a distance of 5.03 feet to an iron pin at the southeasterly corner of the City of Columbus tract, (16 feet wide), (D.B> 633, P. 293);
Thence in a northerly direction, along the easterly line of said City of Columbus tract, and along a line 40 feet (measured at right angles), westerly or and parallel to the westerly right-of-way line of C.C.C. and St. Louis Railroad, a distance of 147.2 feet to an iron pin at a point of curve;
Thence in a northerly direction, along a curve to the left, having a radius of 848.6 feet, and along the easterly line of said City of Columbus tract, a chord distance of 121.6 feet to an iron pin in the northerly line of said Lot 73, and at the northeasterly corner of said City of Columbus tract;
Thence in an easterly direction, along the northerly line of said Lot 73, and along a curve to the left having a radius of 95 feet, a chord distance of 12.7 feet to an iron pin, at the northeasterly corner of said Lot 73, said last described iron pin being in a line 35 feet (measured at right angles) westerly of and parallel to the westerly right-of-way line of said C.C.C. and St. Louis Railroad;
Thence in a southerly direction, along a line 35 feet (measured at right angles) westerly of and parallel to the westerly right-of-way line of said C.C.C. and St. Louis Railroad, and along the easterly line of said Lot 73, a distance of 268.4 feet to the place of beginning, subject however to all legal highways and easements and restrictions of record.
Tract III:
Together with any and all interest the Grantor(s) may have in that portion of Right-of-Way as vacated by the City of Columbus by Ordinance 812-68 on June 24, 1968.
Address: 625 East North Broadway, Columbus, OH 43214
Parcel No.: 010-032166
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an animal shelter, or those uses allowed in the I, Institutional District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed animal shelter.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.