Explanation
Council Variance Application: CV25-037
APPLICANT: Eunika Jordan; 5824 Abraham Drive; Canal Winchester, OH 43110.
PROPOSED USE: Type A family child care home.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling in the L-SR, Limited Suburban Residential District. The requested Council variance proposes the dwelling to be used as a Type A family child care home, which is not an allowed use in the L-SR district. Staff notes that Type B family child care homes for up to six children, and day care centers in conjunction with religious facilities and schools, are allowed in this district. Since the primary use of the property will remain a single-unit dwelling, Staff has no objection to the requested use, which must comply with Ohio Revised Code requirements. The request also includes a variance to reduce required parking from eight to three spaces, which is supported by Staff.
Title
To grant a Variance from the provisions of Sections 3332.029, SR, suburban residential district; 3370.05, Permitted uses; and 3312.49, Required parking, of the Columbus City Codes; for the property located at 5824 ABRAHAM DR. (43110), to allow a Type A family child care home with reduced required parking in the L-SR, Limited Suburban Residential District (Council Variance #CV25-037).
Body
WHEREAS, by application #CV25-037, the owner of the property at 5824 ABRAHAM DR. (43110), is requesting a Variance to allow a Type A family child care home with reduced required parking in the L-SR, Limited Suburban Residential District; and
WHEREAS, Section 3332.029, SR, suburban residential district, allows only Type B family child care homes, or child day care centers as accessory uses to a religious facility or school, while the applicant proposes to operate a Type A family child care home for a maximum of twelve children within an existing single-unit dwelling; and
WHEREAS, Section 3370.05, Permitted uses, allows one or more of the uses specified by the underlying zoning district, which are limited to SR, Suburban Residential District uses listed in Chapter 3332 of the Columbus City Code, and as further specified in the limitation overlay text in Ordinance #1612-99 (Z93-010B), while the applicant proposes a Type A family child care home; and
WHEREAS, Section 3312.49, Required parking, requires two parking spaces for the single-unit dwelling use, and one parking space per 500 square feet of day care facility space, a total requirement of eight spaces, while the applicant proposes three spaces; and
WHEREAS, the Greater South East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the primary use of the property will remain a single-unit dwelling, and Staff has no objection to the requested Type A family day-care home; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Zoning Clearance for the proposed Type A family child care home; 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 5824 ABRAHAM DR. (43110), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is hereby granted from the provisions of Sections 3332.029, SR, suburban residential district; 3370.05, Permitted uses; and 3312.49, Required parking, of the Columbus City Codes; for the property located at 5824 ABRAHAM DR. (43110), insofar as said sections prohibit a Type A family child care home in the L-SR, Limited Suburban Residential District; with a parking space reduction from eight required spaces to three provided spaces; said property being more particularly described as follows:
5824 ABRAHAM DR. (43110), being 0.26± acres located at the northeast corner of Abraham Drive and Crescent Boat Lane, 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 One Hundred Twenty -nine (129) in LEHMAN ESTATES, SECTION 3, PART 1, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 96, page 56, 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 for a Type A family child care home in conjunction with a single-unit dwelling, or those uses allowed in the L-SR, Limited Suburban Residential District as specified by Ordinance #1612-99 (Z93-010B).
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Zoning Clearance for the proposed Type A family child care home.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.