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File #: 0019-2007    Version: 1
Type: Ordinance Status: Passed
File created: 12/28/2006 In control: Zoning Committee
On agenda: 2/26/2007 Final action: 2/27/2007
Title: To grant a Variance from the provisions of Sections 3332.035, R-3, Residential district; 3342.17, Parking lot screening, and 3342.19, Parking space, for the property located at 1566 CLIFTON AVENUE (43203), to conform an existing two-unit dwelling and a church, and construct a parking lot for the church with reduced development standards in the R-3, Residential District (Council Variance #CV06-052).
Attachments: 1. Ord # 0019-2007 Attachments.pdf, 2. ORD # 0019-2007 Mailing Labels 1.pdf, 3. ORD # 0019-2007 Mailing Labels 2.pdf, 4. ORD #0019-2007 Data Form.pdf
Explanation
 
Council Variance Application:  CV06-052
 
APPLICANT:  Asbury North United Methodist Church; c/o Craig Vander Veen, Architect, Rogers Krajnak Architects; 264 South Third Street; Columbus, Ohio 43215.
 
PROPOSED USE:  To permit a two-unit dwelling and a church parking lot.
 
NEAR EAST AREA COMMISSION:   Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:   Approval.  This variance will conform one existing two-unit dwelling and a church, and allow construction of a parking lot for the church with reduced parking lot screening, in the R-3, Residential District.  A council variance is necessary in that a two-unit dwelling is not a permitted use in the R-3, Residential District.  The alley to the west of the two-unit dwelling was vacated and sold to the church.  It is being utilized as part of the parking lot and the exit drive.  Approval of this request will not add a new or incompatible use into the area.
 
 
Title
 
To grant a Variance from the provisions of Sections 3332.035, R-3, Residential district; 3342.17, Parking lot screening, and 3342.19, Parking space, for the property located at 1566 CLIFTON AVENUE (43203), to conform an existing two-unit dwelling and a church, and construct a parking lot for the church with reduced development standards in the R-3, Residential District (Council Variance #CV06-052).  
 
 
Body
 
WHEREAS, by application No. CV06-052, the owner of property at 1566 CLIFTON AVENUE (43203), are requesting a council variance to permit a two-unit dwelling and a parking lot in the R-3, Residential District; and
 
WHEREAS, Section 3332.035, R-3, Residential district, prohibits two-unit dwellings, while the applicant proposes to retain an existing two-unit dwelling on a lot developed with a church; and
 
WHEREAS, Section 3342.17, Parking lot screening, requires parking lot screening for any portion of a parking lot located within eighty (80) feet of residentially zoned property, while the applicant proposes to provide screening as indicated on the site plan; and
 
WHEREAS, Section 3342.19, Parking space, requires parking spaces to be a minimum of 18-feet long, while the applicant proposes to maintain existing parking spaces along the alley which are 16-feet long on the property with maneuvering space in the alley; and
 
WHEREAS, The Near East Area Commission recommends approval; and  
 
WHEREAS, City Departments recommend approval because this variance will not introduce a new or incompatible into the area. This variance will conform one existing two-unit dwelling and a church, and allow construction of a parking lot for the church with reduced parking lot screening, in the R-3, Residential District.  A council variance is necessary in that a two-unit dwelling is not a permitted use in the R-3, Residential District.  The alley to the west of the two-unit dwelling was vacated and sold to the church.  It is being utilized as part of the parking lot and the exit drive; 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 1566 CLIFTON AVENUE (43203), in using said property as desired; now, therefore:
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
Section 1.  Variances from the provisions of Sections 3332.035, R-3, Residential district; 3342.17, Parking lot screening; and 3342.19, Parking space, for the property located at 1566 CLIFTON AVENUE (43203), insofar as said sections prohibit a two-unit dwelling on a lot developed with a church, with parking lot screening as identified on the site plan and 16 foot long parking spaces north of the church with maneuvering in the alley, said property being more particularly described as follows:
 
0.583 ACRES
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of a twenty (20) foot alley and Lots 10, 11, 12, & 13 of Woodland Park Addition, as are numbered and delineated upon the recorded plat thereof, of Plat Book 7, Page 132, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
 
Beginning at the southeast corner of said Lot 13, being the intersection of the north line of Clifton Avenue (50 feet wide) with the east line of said Lot;
 
Thence, along the north line of Clifton Avenue produced, WEST, 170.02 feet to a set iron pin at the intersection of said line with the west line of said alley, being the southwest corner of said Lot 9;
 
Thence, along the west line or said alley and the east line of said Lot 9, North 00 06' 12" East, 149.70 feet to a set iron pipe at the intersection of said line with the south line of a twenty (20) foot alley, being the northwest corner of said Lot 9;
 
Thence along the south line of said alley and Lots 10, 11, 12, & 13 EAST 170.03 feet to found iron pin at the northeast corner of Lot 13;
 
Thence, along the east line of said Lot 13 and the west line of N. Parkwood Ave, South 00 06' 12" West, 149.70 feet to the place of beginning CONTAINING 0.583 Acres (25,452 Square Feet), subject however, to all legal highways, easement, leases and restrictions of record, and of records in respective utility offices.
 
The forgoing description was prepared from an actual field survey made by Myers Surveying Company, Inc. in February 2006 and recorded deeds with the Franklin County Auditor. Iron pipe set are 30" X 1 (O.D.) with and orange plastic cap inscribed "P.S. 6579". Bearings are based on the centerline of Clifton Avenue held as WEST.
 
Section 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a two-unit dwelling and/or a church as principal uses, or those uses permitted in the R-3, Residential District.
 
Section 3. That this ordinance is further conditioned that parcels 010-281334 and 010-003762 be combined.
 
Section 4.  That this ordinance is further conditioned that the development be consistent with the drawings titled, "Site Plan" and "Partial Site Plan", signed and dated by the applicant Craig Vander Veen, architect, November 30, 2006.  Any slight adjustments to the site plans shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
 
Section 5.  That this ordinance is further conditioned on the applicant obtaining all applicable permits.
 
Section 6.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.