Explanation
Council Variance Application: CV12-033
APPLICANT: Cardinal Self Storage LLC; c/o Jeffrey L. Brown & David L. Hodge, Attys.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Concurrent Council variance with rezoning request Z12-031 to reduce driveway width.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a concurrent Council variance with rezoning Z12-031 to allow a commercial driveway of less than 20 feet in width for a self-storage facility. In reality the driveway is 30 feet in width but is on two separate tax parcels which cannot be combined and results in a driveway width of 10 feet on one parcel and 20 feet on the other. Staff finds this to be a technicality and recommends approval of this Council variance.
Title
To grant a Variance from the provisions of Section 3312.13B, Driveway, of the Columbus City Codes for the property located at 5335 NORTH HAMILTON ROAD (43230), to reduce driveway width concurrent with Rezoning Z12-031 and to declare an emergency. (Council Variance #CV12-033).
Body
WHEREAS, by application #CV12-033, the owner of property at 5335 NORTH HAMILTON ROAD (43230), is requesting a Variance to reduce driveway width concurrent with rezoning request Z12-031 and
WHEREAS, Section 3312.13B, Driveway, requires driveways to have a minimum width of twenty (20) feet, while the applicant proposes to allow a driveway width of 10 feet due to a property line that cannot be combined; and
WHEREAS, City Departments recommend approval because Staff finds this to be a technicality because in reality the driveway is 30 feet in width, which is Code compliant, but is on two separate tax parcels which cannot be combined and results in a driveway width of 10 feet on one parcel and 20 feet on the other; 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 owner of the property located at 5335 NORTH HAMILTON ROAD (43230), in using said property as desired; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variance from the provisions of Sections 3312.13B, Driveway of the Columbus City codes is hereby granted for the property located at 5335 NORTH HAMILTON ROAD (43230), insofar as said sections prohibit driveways for non-residential uses to be less that twenty feet in width while the applicant proposes a minimum width of ten feet; said property being more particularly described as follows:
5335 NORTH HAMILTON ROAD (43230), being 6.7± acres located on the west side North Hamilton Road, 590± feet north of Thompson Road, and being more particularly described as follows:
LEGAL DESCRIPTION
Situated in the County of Franklin, State of Ohio and Township of Blendon and bounded and described as follows:
Parcel I
Located in Lot Number Seventeen (17) of the DeWolf Tract, as shown in Chancery Record 295, page 4, Clerk's Office, Franklin County, Ohio, and being part of the land conveyed to Walter L. Erlenbach as recorded in Deed Book 1510, page 5, and bounded and described as follows: Beginning at a point in the west line of the Walter L. Erlenbach Farm, said point being 116.55 feet south of the northwest corner of said farm (being the southwest corner of the Benjamin F. Green Farm); Thence S. 89 deg. 08' E. 560.62 feet, parallel with the north line of the Walter L. Erlenbach Farm to a point (said point being N. 89 Deg. 08' W. 373.88 feet from the centerline of Beecham Road) thence south parallel with the centerline of Beechman Road 116.55 feet to a point; thence parallel to the north line of the Walter L. Erlenbach Farm (south line of the Benjamin F. Green Farm); N. 89 Deg. 08' W. 560.62 feet to a point in the west line of the Walter L. Erlenbach Farm; thence along the west line, north 116.55 feet to the place of beginning, containing 1.5 acres more or less.
Parcel II
Located in Lot Number Seventeen (17) of the DeWolf tract, as shown in Chancery Record 295, page 4, Clerk's Office, Franklin County, Ohio, and being part of the land conveyed to Walter L. Erlenbach as recorded in Deed Book 1510, page 5 and bounded and described as follows: Beginning at a point in the west line of the Walter L. Erlenbach Farm, said point being 233.1 feet south of the northwest corner of said farm, (being the southwest corner of the Benjamin F. Green Farm) thence S. 89 Deg. 08' E. 560.62 feet, parallel with the north line of the Walter L. Erlenbach Farm to a point (said point being N. 89 Deg. 08' W. 373.88 feet from the centerline of Beecham Road) thence south parallel with the centerline of Beecham Road 116.55 feet to a point; thence parallel to the north line of the Walter L. Erlenbach Farm (south line of the Benjamin F. Green Farm) N. 89 Deg. 08' W. 560.62 feet to a point in the west line of the Walter L. Erlenbach Farm; thence along the west line, north 116.55 feet to the place of beginning, containing 1.5 acres more or less.
Parcel III
Located in part of Lot Number Seventeen (17) of the DeWolf tract, Chancery Record 295, page 5, Clerk's Office, Franklin County, Ohio, and being part of the land conveyed to Walter L. Erlenbach by deed of record in Deed Book 1510, page 5, Recorder's Office, Franklin County, Ohio, and bounded and described as follows: Beginning at a point in the centerline of Hamilton Road, (formerly Beecham Road), said point being the southeasterly corner of a 2.5 acre tract conveyed to Karl. A. and Mary R. Wedemeyer by deed of record in Deed Book 2147, page 564, Recorder's Office, Franklin County, Ohio, and being also north 615.05 feet from a spike at the intersection of said centerline with the centerline of Thompson Road; thence along the southerly line of said 2.5 acre tract and parallel to the northerly line of the original Walter Erlenbach Farm, N. 89 Deg. 08' W. 373.88 feet to the northeasterly corner of parcel one, containing 1.5 acres, as conveyed to Russell W. and Helen Campbell by deed of record in Deed Book 2570, page 542, Recorder's Office, Franklin County, Ohio; thence along the easterly lines of parcels one and two owned by Russell W. Campbell and Helen Campbell, south 233.1 feet to the southeasterly corner of said parcel two; thence across the said original Walter Erlenbach Farm and parallel to the northerly line thereof, S. 89 Deg. 08' E. 373.88 feet to a point in the centerline of said road, north 233.1 feet to the place of beginning, containing 2 acres, more or less.
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL NUMBER III THE FOLLOWING DESCRIBED REAL ESTATE:
Situated in the State of Ohio, County of Franklin, Blendon Township, being in Lot 17, the DeWolf tract of record in Chancery Record 295, page 4, and being part of the David L. Clark and Mary K. Clark tract of record in Deed Book 3664, page 742, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at a found Franklin County Engineer's monument box at the centerline intersection of Hamilton Road and Thompson Road, thence along the centerline of Hamilton Road, North 381.99 feet to a set P.K. nail at the southeast corner of parcel 3 conveyed to the Evangelical Friends Church, Easter Region (Official Records Volume 8677, page C09, said Recorder's Office) and the true point of beginning of this description:
Thence across said Clark tract and along the south line of said Parcel III, North 89 Deg. 08' W., 354.19 feet to a point in the west line of said Clark tract; thence across said parcel 3, and along the west line of said Clark tract, north 00 Deg. 12' West, 95.80 feet to a found ¾ inch solid iron pin at the northwest corner of said Clark tract; thence continuing across said Parcel III, and along the north line of said Clark tract, South 89 Deg. 21' East, Passing a found solid copper bar at 316.19 feet, a total distance of 354.51 feet to a set P.K. nail in the centerline of said Hamilton Road at the northeast corner of said Clark tract; thence along the east line of said Clark tract (centerline of said Hamilton Road), south 97.14 feet to the point of beginning containing 0.785 acre. The basis of bearings is the centerline of Hamilton Road assumed north. Set iron pipes are 30" x 1" O.D. with orange plastic caps inscribed "P.S. 6579", unless otherwise noted.
DESCRIPTION OF A 2.496 ACRE PARCEL
LOCATED AT 5335 NORTH HAMILTON ROAD
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter
Township 4, Township 2, Range 17, United States Military Lands, being all of a parcel of
land conveyed to Arthur W. Wedemeyer in Official Record 28081 I20 (Parcel No. 010-
237830-00 and 010-237833-00) (all references are to the records of the Recorder's Office,
Franklin County, Ohio) and being more particularly described as follows:
Commencing for reference at Franklin County Geodetic Survey Monument Number 6666
found at the centerline intersection of Thompson Road and Hamilton Road, on the line
common to said Quarter Township 4, Township 2, Range 17 and Quarter Township 3,
Township 2, Range 16;
Thence North 03° 19' 23" East, a distance of 615.07 feet, with the centerline of said
Hamilton Road and with the line common to said Quarter Township 4, Township 2, Range
17 and Quarter Township 3, Township 2, Range 16 to a point, said point being the
Grantor's Southeasterly property corner, the Northeasterly property corner of a parcel of
land conveyed to Southland Self Storage, LLC as conveyed in Instrument No.
200709050156390 and the TRUE POINT OF BEGINNING for the parcel herein described;
Thence N 85° 49' 30" W along the Grantor's Southerly property line and the Northerly
property line of the aforementioned Southland Self Storage parcel a distance of 933.44
feet to a 3/4 inch iron pipe found (passing a 5/8 inch iron pin with a plastic identification
cap found at 60.01 feet) said iron pipe being the Grantor's Southwesterly property corner
and on the Easterly line of Asbury Ridge of New Albany as recorded in Plat Book 96,
Page 5;
Thence N 03° 25' 54" E along the Grantor's Westerly property line and the Easterly line of
the aforementioned Asbury Ridge of New Albany a distance of 116.46 feet to a 3/4 inch
iron pipe with a plastic identification cap found, said iron pipe being the Grantor's
Northwesterly property corner and on the Southerly line of the Blendon Park
Condominium as recorded in Condominium Plat Book 69, Page 98 - 102;
Thence S 85° 49' 38" E along the Grantor's Northerly property line, the Southerly line of
the aforementioned Blendon Park Condominium as recorded in Condominium Plat Book
69, Page 98 - 102 and the Southerly line of the Blendon Park Condominium, Eleventh
Amendment - Part 2 as recorded in Condominium Plat Book 69, Page 8 - 12 a distance of
933.22 feet to a point, said point being the Grantor's Northeasterly property corner and on
the centerline of Hamilton Road:
Thence S 03° 19' 23" W with the Grantor's Easterly property line, the centerline of said
Hamilton Road and the line common to said Quarter Township 4, Township 2, Range 17
and Quarter Township 3, Township 2, Range 16 to the point of beginning, containing
2.496 acres, more or less, subject however, to all legal rights-of-way and/or easements of
previous record.
The bearings herein are based on the Ohio State Plane Coordinate System as per NAD83
South Zone (1986 Adjustment). Control for bearings was from coordinates of Franklin
County Geodetic Survey Monuments 6666 and 8813, having a bearing of N 03° 19' 23"
E, established by the Franklin County Engineering Department, using Global Positioning
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for self-storage.
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. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.