Explanation
Council Variance Application: CV06-022
APPLICANT: Charles P. Cook; 1757 Rainbow Park; Columbus, OH 43206.
PROPOSED USE: Single-family dwelling.
NORTHEAST AREA COMMISSION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests this Council variance to develop a single-family dwelling in the I, Institutional District and maintain an existing barn and well structure. Single-family dwellings and barns are not permitted in the I, Institutional District. The structure will be located on a 4.82 acre lot, just less than the five acre minimum lot size required in the R, Rural District, which has the largest minimum lot size requirement for single-family zoning districts in the City. Furthermore, no other variances to dimensional standards are being requested, further ensuring this will not negatively impact the surrounding area. The proposed single-family dwelling is more compatible and consistent with the established uses along this portion of Sunbury Road than most of the uses permitted in the I, Institutional District. No recommendation is being made regarding the hardship aspect of this request.
Title
To grant a Variance from the provisions of Section 3349.03, Permitted Uses; of the Columbus City Codes for the property located at 2240 SUNBURY ROAD (43219), to permit a single-family dwelling and accessory structures in the I, Institutional District (Council Variance # CV06-022).
Body
WHEREAS, by application #CV06-022, the owner of property at 2240 SUNBURY ROAD (43219), is requesting a Variance to permit a maximum of one single-family dwelling unit in the I, Institutional District; and
WHEREAS, Section 3349.03, I, Institutional District, prohibits single-family dwellings, while the applicant proposes to construct one single-family dwelling; and
WHEREAS, Section 3349.03, I, Institutional District, prohibits structures accessory to residential uses, while the applicant proposes to maintain an existing barn and well shed; and
WHEREAS, the North East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval noting that the structure will be located on a 4.82 acre lot, just less than the five acre minimum lot size required in the R, Rural District, which has the largest minimum lot size requirement for single-family zoning districts in the City. Furthermore, no other variances to dimensional standards are being requested, further ensuring this will not negatively impact the surrounding area. The proposed single-family dwelling is more compatible and consistent with the established uses along this portion of Sunbury Road than most of the uses permitted in the I, Institutional District. ; 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 2240 SUNBURY ROAD (43219), in using said property as desired and; 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 2240 SUNBURY ROAD (43219), insofar as said sections prohibit a single-family dwelling and accessory structures; said property being more particularly described as follows:
2240 SUNBURY ROAD (43219) being 4.82± acres located on the east side of Sunbury Road, 1275± feet south of Agler Road, and being more particularly described as follows:
EXHIBIT "A"
Description of a 4.8201.000 Acre Parcel
Situated in the state of Ohio, County of Franklin, City of Columbus and being Part of Quarter Township 3, Twp 1 N, R 17 W, of the U.S. Military Lands, and being the nominal 5 acre parcel of land conveyed to Charles and Sarah Cook, as described in Instr. 199807280188444, recorded July 28, 1998, and shown on the record plats of said city, all as shown in the Office of the Recorder of said County, and being more particularly described as follows:
The Point of Commencement (POC) being a ½ inch in diameter iron pipe found at the intersection of the recorded centerline of Sunbury Road, a fifty-one and twenty-one hundredths feet (51.21') wide right of way, said centerline located twenty-five feet (25') west of the east right of way line of said Sunbury Road, and the centerline of Agler Road, a fifty feet (50') wide right of way, thence along said record centerline of Sunbury Road, S.00°56'21"W., a distance of 61.01 feet to P.K. Nail set;
Thence, continuing along said centerline, S.02°22 '56"E., a distance of 250.22 feet to a P.K. Nail set;
Thence, continuing along centerline, S. 02°25' 12"E., a distance of 132.62 feet to a P.K. Nail set at the beginning of a tangent curve, concave to the west, having a radius of 15,198.00 feet, a central angle of 0°54'00", a tangent of 119.37 feet, and chord 238.73 feet;
Thence southerly along said curve, a distance of 238.73 feet to a P.K. Nail set at the end of thereof;
Thence, continuing along said centerline, tangent to said curve, S.00°02'27"W., a distance of 139.90 feet to a P.K. Nail set;
Thence, continuing along said centerline, S.01°57'16"W., a distance of 134.88 feet to a P.K. Nail set;
Thence, continuing along said centerline, S.01°35'26"W., a distance of 216.18 Feet to a P.K. Nail set;
Thence, continuing along said centerline, S.02°25'55"W., a distance of 104.79 feet to a P.K. Nail set at the intersection of the south property line produced of the Otis and Marion Vaughn parcel of land conveyed by O.R. 28039 B19, as shown in the Office of said Recorder;
Thence, along said south line produced, S.89°22'17"E., a distance of 30.00 feet to the east right of way line of aforesaid Sunbury Road to 5/8" diameter iron pin set, said pin being the True Point of Beginning;
Thence continuing along said south line, S.89°22'17"E., passing the said Vaughn land and the land conveyed to Thomas D. Philips, III, as described in O.R. 27296 H09, a total distance of 764.37 feet to a 5/8" diameter iron pin set approximately 38.2 feet east of the southwest corner of the land conveyed to the Ohio Conference of the United Church of Christ as described in O.R. 6537 G04 in said Recorders office, said pin also marking the northwest corner of the land conveyed to the Advent Church of Christ (AUCC), as described in O.R. 30743 F05, in said recorders office;
Thence along the west line of the last said property, S.02°35'11"W., a distance of 271.37 feet to a 5/8" diameter iron pin set at the southwest corner of the AUCC land, said pin also marking the north line of the land conveyed to Sallie Rice as described in Intr. 200602230034887, in said recorders office;
Thence along said Rice's property, West, passing the northeast corner of the Richard D. and Delois Perry land at approximately 20.5 feet, a total distance of 760.86 feet 5/8" diameter iron pin set in the east right of way line aforementioned Sunbury Road;
Thence along said east right of way line, N.01°52'00"E., a distance of 81.86 feet to a 5/8" diameter iron pin set;
Thence continuing along said east of right of way line, N.01°46'21"E., a distance of 197.76 feet to the TPOB, containing 4.8201 acres, more or less, subject to all easements and rights of way of record.
This description was prepared from an actual survey of the premises under my direction and supervision during the month of March, 2006. The Basis of Bearings is the centerline of Sunbury Road of which County records show as bearing N.01°52'00"E.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for one single-family dwelling, or those uses permitted 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 use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.