Explanation
Council Variance Application: CV12-022
APPLICANT: Bertha Powell; 2330 Sunbury Road; Columbus, OH 43219.
PROPOSED USE: Shared living facility.
NORTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested Council variance will allow the continued use of a shared living facility for eight residents in a single-unit dwelling zoned in the R-1, Residential District. The request also includes a reduction in the minimum number of parking spaces which is justified because the residents do not have cars. The R-1, Residential District only allows residential care facilities which are for five residents or less. Shared living facilities, which are for six or more residents, must be located within the AR-3, AR-4 or AR-O, Apartment Residential Districts. The applicant is licensed by the Veterans Administration and the State of Ohio to offer housing for persons with mental issues with a network of support that promotes recovery, health, and responsible living. The request will allow the applicant to continue serving the current clientele. The site is located within the planning area of The Northeast Area Plan (2007), which proposes a mixed-use neighborhood center for this location. Until such time that a transition occurs from residential to commercial development, retaining the underlying zoning classification ensures that the residential character of the existing neighborhood will be maintained. No recommendation is being made on the hardship aspect of this request.
Title
To grant a Variance from the provisions of Sections 3332.03, R-1, Residential district; and 3312.49, Minimum numbers of parking spaces required, of the Columbus City codes, for the property located at 2322 SUNBURY ROAD (43219), to permit a shared living facility with reduced parking in the R-1, Residential District (Council Variance # CV12-022).
Body
WHEREAS, by application #CV12-022, the owner of the property at 2322 SUNBURY ROAD (43219), is requesting a Variance to permit a shared living facility with reduced parking in the R-1, Residential District; and
WHEREAS, Section 3332.03, R-1, Residential district, prohibits shared living facilities, while the applicant proposes to maintain a shared living facility for eight (8) occupants within an existing single-unit dwelling; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires one parking space per 400 square feet, a total of six (6) spaces, while the applicant proposes to maintain two (2) garage parking spaces; and
WHEREAS, this variance will allow a shared living facility for eight (8) occupants with reduced parking in the R-1, Residential District; and
WHEREAS, the North East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will allow a shared living facility that provides residents a home and a network of support that promotes recovery, health, and responsible living. Furthermore, retaining the underlying zoning classification will ensure that the residential character of the neighborhood will be maintained; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 2322 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 Sections 3332.03, R-1, Residential district; and 3312.49, Minimum numbers of parking spaces required, of the Columbus City Codes; for the property located at 2322 SUNBURY ROAD (43219), insofar as said sections prohibit a shared living facility for eight (8) occupants with a parking space reduction from six (6) total required spaces to two (2) spaces; said property being more particularly described as follows:
2322 SUNBURY ROAD (43219), being 0.5± acres located on the east side of Sunbury Road, 1,021± feet south of Agler Road, and being more particularly described as follows:
Parcel # 010-013268
Situated in the City of Columbus, County of Franklin, State of Ohio, located in part of Quarter Township 3, Township 1, Range 17, United States Military Lands, being all of a 0.5037 acre tract as conveyed to Bertha Powell, Trustee in Official Record 25384 I-06, and being more particularly described as follows:
Commencing, for reference, at a railroad spike in the centerline of Sunbury Road, said point being the northwesterly corner of a 0.941 acre tract conveyed to Otis & Marion Vaughn, Trustees in Official Record 28039 B-19;
Thence North 88° 39' 00" East, along the northerly line of said 0.941 acre tract, a distance of 40.00 feet to an iron pin found at THE TRUE PLACE OF BEGINNING of herein described tract of land;
Thence North 01° 21' 00" West, along the easterly right-of-way of said Sunbury Road and the westerly line of said 0.5037 acre tract, a distance of 85.00 feet to an iron pin set at the northwesterly corner of said 0.5037 acre tract;
Thence North 88° 39' 00" East, leaving said centerline and along the northerly line of said 0.5037 acre tract, a distance of 260.00 feet to an iron pin set at the northeasterly corner of said 0.5037 acre tract;
Thence South 01° 21' 00" East, along the easterly line of said 0.5037 acre tract, a distance of 85.00 feet to an iron pin set at the southeasterly corner of said 0.5037 acre tract, being the northeasterly corner said 0.941 acre tract and the northwesterly corner of a 0.380 acre tract conveyed to Otis & Marion Vaughn, Trustees in Official Record 28039 C-01;
Thence South 88° 39' 00" West along the northerly line of said 0.941 acre tract, a distance of 260.00 feet to THE TRUE PLACE OF BEGINNING.
Containing 0.5037 acres of land, more or less.
Subject to all easements, restrictions, and rights-of-way record.
Bearings are based on the centerline of Sunbury Road North 01° 21' 00" West as contained in the Grantor's Deed.
All iron pins set are ¾" iron pipe with a yellow plastic cap stamped "HOY SURV. - P.S. 7313".
All references are to records of the Recorder's Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a shared living facility for eight (8) occupants, or those uses permitted in the R-1, Residential 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.