Explanation
Council Variance Application: CV07-045
APPLICANT: Second Baptist Church; c/o Olivia B. Johnson, Atty.; 2046 Willow Glen Lane; Columbus, OH 43229.
PROPOSED USE: Church parking lots.
GERMAN VILLAGE NEAR EAST COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested Council variance will permit two off-street church parking lots totaling forty-five (45) parking spaces on vacant land in the R-2F, Residential and P-1, Parking Districts. The applicant also requests to maintain an existing concrete block building to be used as a maintenance building for the church. The church is located directly across the street on the east side of North Seventeenth Street. Staff supports the application for a Council variance instead of a rezoning because there would be no need for either request if the site was adjacent to the church property, and the property was combined with the church property. Staff has determined that it is best to allow this proposal to occur rather than introduce an unnecessary commercial zoning district into a residential area. The site is located within the boundaries of The Near East Plan (2005) which recommends that parking needs for businesses, churches, and other organizations must be balanced with the need to preserve the urban fabric of the Near East Side. Staff has determined that the parking lots are compatible with the surrounding development. The proposed parking lots will alleviate the need for parishioners to park on the street, and approval of this request will not add a new or incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential district; 3332.18(D), Basis of computing area; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.30(c), Vision clearance; 3342.17, Parking lot screening; 3342.18, Parking setback line; 3371.02, Building lines in residential and apartment residential districts, of the Columbus City Codes; for the properties located at 165 & 175 NORTH SEVENTEENTH STREET (43205), to permit two off-street church parking lots and to maintain an existing maintenance building with reduced development standards in the R-2F, Residential, and P-1, Parking Districts (Council Variance # CV07-045).
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WHEREAS, by application No. CV07-045, the owner of properties at 165 & 175 NORTH SEVENTEENTH STREET (43205), is requesting a Council Variance to permit two off-street church parking lots and to maintain an existing maintenance building with reduced development standards in the R-2F, Residential, and P-1, Parking Districts; and
WHEREAS, Section 3332.037, R-2F, Residential District, prohibits parking lots and maintenance buildings as primary uses, while the applicant proposes to construct two off-street church parking lots with a total of forty-five (45) parking spaces, and to maintain an existing concrete block building as a maintenance building on the north parking lot (175 North Seventeenth Street); and
WHEREAS, Section 3332.18(D), Basis of computing area, requires that no dwelling shall occupy alone or together with any other building greater than fifty percent (50%) of the lot area, while the applicant proposes a greater than fifty percent (50%) lot coverage for the proposed parking lots and existing maintenance building as shown on the site plan; and
WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard to equal twenty (20) percent of the lot width, or fourteen (14) feet, while the applicant proposes maximum side yards of five (5) feet for the parking lot and 1.5 feet for the existing maintenance building for the north parking lot (175 North Seventeenth Street); and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes a minimum side yard of zero (0) feet a along the P-1, Parking District, and 1.5 feet along the southern property line for the maintenance building for the north parking lot (175 North Seventeenth Street); and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five percent (25%) of the total lot area, while the applicant proposes rear yards totaling less than twenty-five percent (25%) rear yard for the proposed parking lots and existing maintenance building as shown on the site plan, and;
WHEREAS, Section 3332.30(c), Vision clearance, requires clear vision triangles at vehicular intersections, while the applicant proposes no vision clearance at the access point just north of the existing maintenance building for the north parking lot (175 North Seventeenth Street); and
WHEREAS, Section 3342.17, Parking lot screening, requires screening of commercial parking lots within eighty (80) feet of residentially zoned property, while the applicant proposes to provide no screening along the south side of 175 North Seventeenth Street and no screening along the north side of 165 North Seventeenth Street, and;
WHEREAS, Section 3342.18, Parking setback line, requires that parking be set back twenty-five (25) feet from North Seventeenth Street, while the applicant proposes a parking setback of ten (10) feet; and
WHEREAS, Section 3371.02, Building lines in residential and apartment residential districts, requires that the parking be set back twenty-five (25) feet from North Seventeenth Street, while the applicant proposes a parking setback of ten (10) feet; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because this request will not add a new or incompatible use to the area and it will alleviate the need for parishioners to park on the street. The requested Council variance will permit two off-street church parking lots totaling forty-five (45) parking spaces on vacant land in the R-2F, Residential and P-1, Parking Districts. The church is located directly across the street on the east side of North Seventeenth Street. Staff supports the application for a Council variance instead of a rezoning because there would be no need for either request if the site was adjacent to the church property, and the property was combined with the church property. Staff has determined that it is best to allow this proposal to occur rather than introduce an unnecessary commercial zoning district into a residential area; 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 165 & 175 NORTH SEVENTEENTH STREET (43205), in using said properties as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.037, R-2F, Residential district; 3332.18(D), Basis of computing area; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.30(c), Vision clearance; 3342.17, Parking lot screening; 3342.18, Parking setback line; 3371.02, Building lines in residential and apartment residential districts, of the Columbus City Codes; is hereby granted for the property located at 165 & 175 NORTH SEVENTEENTH STREET (43205), insofar as said sections prohibit parking lots and a maintenance building as principal uses, with lot coverage of greater than 50%, maximum side yards ranging from 1.5 to 5 feet, a minimum side yard of 0 feet along the southern boundary of the P-1, Parking District, a rear yard of less than 25%, no vision clearance at the access point north of the maintenance building, no parking lot screening along the property lines that abut the vacant property between the two parking lots, and a reduced parking setback from 25 feet to 10 feet; said property being more particularly described as follows:
165 & 175 NORTH SEVENTEENTH STREET (43205), being 0.56± acres located on the west side of North Seventeenth Street, 92± feet south of Spring Street, and being more particularly described as follows:
175 North Seventeenth Street
Parcel Numbers 010-023993 & 010-039917:
Situated in the State of Ohio, County of Franklin, City of Columbus, being Lots 116 and 117 and part of Lot 118 of East Grove Addition Amended Plat as recorded in Plat Book 2, Page 172, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at the centerline intersection of North Seventeenth Street (50 feet wide) and Spring Street (50 feet wide);
Thence, along the centerline of North Seventeenth Street, SOUTH, 126.71 feet to a point;
Thence, across part of North Seventeenth Street, WEST, 25.00 feet a point in the west line of North Seventeenth Street, at the northeast corner of said Lot 116 and the True Point of Beginning of the parcel herein intended to be described;
Thence, along the west line of North Seventeenth Street and the east line of said Lots 116, 117 and part of said Lot 118, SOUTH, 110.16 feet to a point;
Thence, across said Lot 118, North 89 degrees 43 minutes 19 seconds West, 143.45 feet to a point in the west line of said Lot 118 and in the east line of a 20 foot wide alley;
Thence, along the west line of part of said Lot 118 and said Lots 117 and 116 and along the east line of said alley, North 00 degrees 54 minutes 16 seconds East, 109.46 feet to a point at the northwest corner of said Lot 116;
Thence along the north line of said Lot 116, North 89 degrees 59 minutes 35 seconds East, 141.72 feet to the True Point of Beginning, containing 0.359 Acres.
165 North Seventeenth Street
Parcel Number: 010-046631:
Situated in the State of Ohio, County of Franklin, City of Columbus, being Lot 120 and part of Lot 119 of East Grove Addition Amended Plat as recorded in Plat Book 2, Page 172, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at the centerline intersection of North Seventeenth Street (50 feet wide) and Spring Street (50 feet wide);
Thence, along the centerline of North Seventeenth Street, SOUTH, 266.91 feet to a point;
Thence, across part of North Seventeenth Street, WEST, 25.00 feet a point in the west line of North Seventeenth Street and the east line of Lot 119, being the True Point of Beginning of the parcel herein intended to be described;
Thence, along the west line of North Seventeenth Street and the east line of part of said Lot 119 and all of said Lot 120, SOUTH, 60.09 feet to a point at the southeast corner of said Lot 120;
Thence, along the south line of said Lot 120. North 89 degrees 30 minutes 00 seconds West, 144.87 feet to a point at the southwest corner of said Lot 120 and in the east line of a 20 foot wide alley;
Thence, along the west line of said Lot 120 and part of said Lot 119 and along the east line of said alley, North 00 degrees 54 minutes 16 seconds East, 59.71 feet to a point;
Thence, across said Lot 119, South 89 degrees 39 minutes 00 seconds East, 143.93 feet to the True Point of Beginning, containing 0.199 Acres.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for church parking lots and a maintenance building, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "SECOND BAPTIST CHURCH," signed by John Parms, Agent for the Applicant, dated May 16, 2008. 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 adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Zoning Clearance 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.