Explanation
Council Variance Application: CV03-053
APPLICANT: New Covenant Believers' Church; c/o Charles Walker, Atty.; 100 South Third Street; Columbus, Ohio 43215.
PROPOSED USE: To allow a shared living facility for approximately 9-12 recovering alcohol and substance abusers in association with New Covenant Believers' Church in the C-2, Office Commercial District.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant would like to relocate an existing shared living facility within closer proximity to New Covenant Believers' Church. The applicant has operated Destiny House, a residential drug and alcohol recovery center on the near east side of Columbus since 1989. The requested variance will allow a shared living facility within an existing single-family dwelling in the C-2, Office Commercial District which was rezoned in 1979, but never redeveloped. A Council variance is necessary in that the C-2, Office Commercial District does not allow a shared living facility as a principle use. The applicant has agreed to placing conditions on the number of residents and the number of provided parking spaces. The request is consistent with The Northland Plan Volume I (2001)recommendation that the area remain residential in nature. A hardship exists in that in order for New Covenant Believers' Church to continue to provide a viable community service and outreach program, Destiny House must be relocated to a neighborhood that is closer to the church.
Title
To grant a Variance from the provisions of Section 3353.03, C-2, Office Commercial Uses, for the property located at 3992 CLEVELAND AVENUE (43224), to permit a shared living facility in the C-2, Office Commercial District (Council Variance # CV03-053).
Body
WHEREAS, by application #CV03-053, the owner of property at 3992 CLEVELAND AVENUE (43224), is requesting a Council variance to permit a shared living facility in the C-2, Office Commercial District; and
WHEREAS, Section 3353.03, C-2, Office Commercial Uses, shared living facilities are not permitted as a principle use in the C-2, Office Commercial District, while the applicant proposes a shared living facility within an existing single-family dwelling on the property by this variance; and
WHEREAS, City Departments recommend approval and note a hardship exists because the applicant would like to relocate an existing shared living facility within closer proximity to New Covenant Believers' Church. The applicant has operated Destiny House, a residential drug and alcohol recovery center on the near east side of Columbus since 1989. The requested variance will allow a shared living facility within an existing single-family dwelling in the C-2, Office Commercial District which was rezoned in 1979, but never redeveloped. A Council variance is necessary in that the C-2, Office Commercial District does not allow a shared living facility as a principle use. The applicant has agreed to placing conditions on the number of residents and the number of provided parking spaces. The request is consistent with The Northland Plan Volume I (2001) recommendation that the area remain residential in nature. In order for New Covenant Believers' Church to continue to provide a viable community service and outreach program, Destiny House must be relocated to a neighborhood that is closer to the church; 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 3992 CLEVELAND AVENUE (43224), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variance from the provisions of Section 3353.03, C-2, Office Commercial Uses, is hereby granted for the property located at 3992 CLEVELAND AVENUE (43224), in that said section prohibits shared living facility in the C-2, Office Commercial District; said property being more particularly described as follows:
3992 CLEVELAND AVENUE (43224), being 0.40± acres located on the east side of Cleveland Avenue at the intersection with Ward Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being Lot Number 4 of Cilestia L. Fisher's Subdivision, as the same is numbered and delinated upon the recorded plat thereof, of record in Plat Book 10, Page 350, Recorder's Office, Franklin County, Ohio.
ALSO all right, title and interest in an alley vacated May 14, 1952, being a 20-foot alley north of Ferris Road running easterly from Cleveland Avenue, and being more particularly described as follows:
Beginning at the northwest corner of Lot No. 4 of Cilestia L. Fisher's Subdivision as shown of record in Plat Book 10, Page 350, Franklin County Recorder's Office; thence along the north line of Lot No. 4 and the same extended, South 74° East, 220.4 feet to the west line of Lot No. 5 of said subdivision; thence along the west line of Lot No. 5 North 4° 26' East, 20.4 feet to an iron pin atthe nortwest corner of Lot No. 5; thence along the north line of said subdivision, North 74° West, 220.4 feet to an iron pin; thence South 4° 26' West, 20.4 feet to the place of beginning, together with any and all interest the Grantor may have in that portion of right of way as vacated by the Franklin County Commissioners by Road Record 17, page 228.
EXCEPTING THEREFROM a tract conveyed to the City of Columbus and described as follows:
Beginning at the southwest corner of Lot No. 4, said point being 30.00 feet right of Station 100+42.35 in the centerline of the above mentioned survey; thence along the Grantor's westerly property line North 03° 43' 41" East, 90.42 feet to a point 30.00 feet right of Station 101+32.77; thence along the Grantor's northerly property line South 74° 33' 32" East, 10.21 feet to a point 40.00 feet right of Station 101+30.69; thence along the proposed right-of-way line South 03° 43' 41" West, 90.40 feet to a point 40.00 feet right of Station 101+40.29; thence along the Grantor's southerly property line North 74° 36' 58" West, 10.21 feet to the point of beginning, containing 904 square feet, more or less.
PARCEL ID #010-057935
PROPERTY ADDRESS: 3992 Cleveland Avenue, Columbus, Ohio 43224
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a shared living facility, or those uses permitted in the C-2, Office Commercial District.
SECTION 3. That this ordinance is further conditioned upon no more than six parking spaces being provided for the shared living facility.
SECTION 4. That this ordinance is further conditioned upon the occupancy of the shared living facility being limited to no more than 12 residents plus staff.
SECTION 5. That this ordinance is further conditioned upon the facility having a resident manager with a Program Director on call 24 hours a day, 7 days per week when the resident manager is not on the premises. The contact information for the Program Director will be made available to neighbors if they ever need to contact him/her.
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SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.