Explanation
Council Variance Application: CV12-026
APPLICANT: John D. Wymer; c/o Rose Oberst, Agent; 6420 East Main Street; Reynoldsburg, OH 43068.
PROPOSED USE: Child day care center.
FAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The requested Council Variance will allow 6,600 square feet of vacant space within an existing office/warehouse to be used for a child day care center in the M-2, Manufacturing District. The M-2, Manufacturing District only allows a child day care center as an accessory use that is associated with a less-objectionable manufacturing use in accordance with Section 3367.31. The site lies within Brice/Tussing Plan (1990), which recommends the separation of industrial uses from incompatible uses. The subject site is in an area designated in the Plan and zoned for light manufacturing uses. Staff does not support this request due to the potential conflicts between child care and industrial activity on this and adjacent sites.
Title
To grant a Variance from the provisions of Section 3367.01, M-2, Manufacturing uses, of the Columbus City Codes; for the property located at 6950 AMERICANA PARKWAY (43068), to permit a 6,600 square foot child day care center in the M-2, Manufacturing District and to declare an emergency (Council Variance # CV12-026).
Body
WHEREAS, by application No. CV12-026, the owner of property at 6950 AMERICANA PARKWAY (43068), is requesting a Council Variance to permit a 6,600 square foot child day care center in the M-2, Manufacturing District; and
WHEREAS, Section 3367.01, M-2, Manufacturing district, only allows a child day care center as an accessory use that is associated with a less-objectionable manufacturing use in accordance with Section 3367.31, while the applicant proposes to convert a vacant tenant space within an existing office-warehouse building into a private (non-accessory) child day care center; and
WHEREAS, the Far East Area Commission recommends approval; and
WHEREAS, City Departments recommend disapproval because the requested Council variance for a child day care center is not consistent with the land use recommendations of the Brice/Tussing Plan, and introduces potential conflicts between child care and industrial activity on this and adjacent sites; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 6950 AMERICANA PARKWAY (43068), in using said property as desired; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Section 3367.01, M-2, Manufacturing district of the Columbus City Codes; is hereby granted for the property located at 6950 AMERICANA PARKWAY (43068), insofar as said section prohibits a 6,600 square foot child day care center; said property being more particularly described as follows:
6950 AMERICANA PARKWAY (43068), being 3.05± acres located on the north side of Americana Parkway, 1400± northeast of the west intersection with Tussing Road, and being more particularly described as follows:
Situated in the State of Ohio, County Franklin, City of Columbus, located in Half Section 42, Section 24, Township 12, Range 21, Refugee Lands and being 3.049 acres of those tracts conveyed to Americana Investment Company, by deeds of record in Official Record 4790B13 and Official Record 4790B15, all references being to those of record in the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Beginning at a point in the northerly right-of-way line if Americana Parkway, marking the southeasterly corner of said Americana Company tracts and also marking a southwesterly corner of those parcels conveyed to Trojan Enterprises, Inc., by deed of record in Deed Book 3390, Page 102;
ThenceNorth 85° 37' 36" West, along the northerly right-of-way line of Americana Parkway, a distance of 573.00 feet to a point of curvature to the left;
Thence northwesterly, continuing along said northerly right-of-way line and along the arc of said curve (Radius - 430.0 feet, Delta 0" 15' 59"), along a chord of which bears North 85° 45' 36" West, a distance of 2.00 feet to a point marking the southwesterly corner of said Americana Investment Co. tracts and also marking a southeasterly corner of those parcels conveyed to Tussing Road Investment Company, by deed of record in Official Record 4790B18;
Thence leaving the northerly right-of-way line of Americana Parkway, North 4° 22' 24" East, along a line common to said tracts, a distance of 231.01 feet to a point;
Thenceleaving said common line, South 85° 37' 36" East, a distance of 575.00 feet to a point in the easterly line of said Americana Investment Co. tracts and in the westerly line of said Trojan Enterprises, Inc. parcels;
ThenceSouth 4°22'24" West, along a line common said tracts, a distance of 231.00 feet to the place of beginning and containing 3.049 acres, more or less.
The bearing in the above description are based upon the northerly right-of-way line of Americana Parkway as being North 85° 37' 36" West.
Beingknown as 6950 Americana Parkway, Columbus, Ohio
Parcel No. 540-199369
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a child day care center with a maximum square footage of 6,600 square feet.
SECTION 3. That this ordinance is further conditioned on 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. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.