Explanation
Council Variance Application: CV17-074
APPLICANT: Jesse Lee; 2221 Schrock Road; Columbus, OH 43229.
PROPOSED USE: Electric substation expansion.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel that is partially developed with an electric substation and is split-zoned between the I, Institutional and the R-1, Residential districts. The requested Council variance will permit expansion of the existing electric substation onto the R-1 portion of the parcel. A Council variance is necessary because the R-1, Residential District does not permit utility substations. The site is within the boundaries of the Northland I Area Plan (2014), which recommends “Regional Mixed-Use” land uses at this location. The site is surrounded by commercial development and the request includes a site plan that demonstrates the possible future extent of the electric substation as well as sufficient landscaped screening from adjacent properties to the south and west.
Title
To grant a Variance from the provisions of Section 3332.03, R-1 residential district, of the Columbus City Codes; for the property located at 4040 MORSE ROAD (43230), to permit an electric substation in the R-1, Residential District (Council Variance # CV17-074).
Body
WHEREAS, by application #CV17-074, the owner of the property at 4040 MORSE ROAD (43230), is requesting a Variance to permit an electric substation in the R-1, Residential District; and
WHEREAS, Section 3332.03, R-1, residential district, prohibits utility substations, while the applicant proposes the expansion of an existing electric substation; and
WHEREAS, City Departments recommend approval because the proposed electric substation includes a site plan that shows the extent of future expansion and commits to sufficient landscaped screening of adjacent properties to the south and west; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy, if applicable, 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 4040 MORSE ROAD (43230), 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 Section 3332.03, R-1, residential district, of the Columbus City Codes; for the property located at 4040 MORSE ROAD (43230), insofar as said section prohibits an electric substation; said property being more particularly described as follows:
4040 MORSE ROAD (43230), being 3.84± acres located at the northeast corner of Transit Drive and Service Road 7A, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 17, United States Military Lands, and being part of a 3.02 acre tract of land conveyed to Columbus and Southern Ohio Electric Company, as recorded in Deed Volume 1811, Page 478, and all of a 2.998 acre tract of land conveyed to Columbus and Southern Ohio Electric Company, as recorded in Deed Volume 2612, Page 572, said tracts being part of Parcel Number 600-150028-00. All references contained herein are to the Franklin County Recorder’s records, Columbus, Ohio, and being shown on Exhibit “B” attached hereto and being made a part thereof and being more particularly bounded and described as follows:
Beginning at a 3/4 inch I.D.I.P., capped “Hockaden” found at the southeast corner of said 2.998 acre Columbus and Southern Ohio Electric Company tract and on the north line of a 0.532 acre tract of land conveyed to the State of Ohio, called Service Road 7A, as recorded in Deed Volume 2984, Page 323;
thence, N 86°09'30" W, 451.01 feet with south line of said 2.998 acre Columbus and Southern Ohio Electric Company tract to a point on the southeast corner of a 0.839 acre ingress/egress easement, as recorded in Instrument Number 200509280202478;
thence, N 03°46'14" E, 373.34 feet with the east line of said 0.839 acre ingress/egress easement to a point on said east line;
thence, S 85°26'18" E, 450.96 feet to the west line of a 5.519 acre tract of land conveyed to D & K Limited, as recorded in in Instrument Number 200111020253979 and the east line of said 2.998 acre Columbus and Southern Ohio Electric Company tract;
thence, S 03°45'21" W, 367.67 feet to the Point of Beginning and containing 3.836 acres of land, more or less and being subject to all legal streets, highways, right-of-ways, alleys, easements, agreements and/or conditions of record, if any. This description is based on an actual field survey performed by me, or under my supervision during May of 2003 and August of 2017.
All iron pins set are 5/8 inch diameter iron rebar, 30 inch long, with a yellow plastic cap stamped “Central Surv Co., Ltd.”
Bearings are based on measurements and computations on the Ohio State Plane Coordinate System, Ohio South Zone, North American Datum 1983, showing the north line of Service Road 7A as being N 86°09’30” W.
Known as address: 4040 Morse Road, Columbus, OH 43230.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as an electric substation or those uses permitted in the R-1, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, "SITE VARIANCE PLAN" dated January 9, 2018, and drawn and signed by Jesse Lee, Applicant. The plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the plans shall be subject to review and approval by the Director of the Department Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy, if applicable, for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.