Explanation
COUNCIL VARIANCE: CV02-044.
APPLICANT: John and Clydedina Bocook, c/o Laura Comek, Attorney; Crabbe, Brown & James, LLC; 500 S. Front Street, Ste. 1200; Columbus, Ohio 43215.
PROPOSED USE: Boat and recreational vehicle storage, two-family residential dwelling and entrance driveway.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. This variance will permit the continuation of an outdoor boat and recreational vehicle storage business and a two-family dwelling in the R-2, Residential District with both uses having vehicular access through a lot zoned in the R, Rural District. The owners of the property established a boat and recreational vehicle storage business and converted a building into a two-family dwelling without obtaining a certificate of zoning clearance or building permits and have been cited by Code Enforcement. The site is surrounded by the rear yards of a single-family subdivision. The applicant proposes to store not more than a total of thirty boats and recreational vehicles on a ±22,000 square foot paved area and limit hours of operation from 8:00a.m. to 10:00p.m., and to screen the outside storage yard along the east, south and west property lines with an arbor vitae hedge planted in a 1-3 foot wide buffer zone located along the exterior of an existing five-foot high chain link fence. Screening is not provided along the north property line that also borders residential rear yards. Staff recommends disapproval noting that boat and recreational vehicle storage is appropriately only permitted in manufacturing zoning districts and with at least a 100-foot separation from residential properties. This proposal represents an inappropriate use in a residential neighborhood and lacks adequate setbacks, buffering and screening. A Council Variance is required in that an outdoor boat and recreational vehicle storage business and a two-family dwelling are not permitted in the R-2, Residential District and commercial driveway as principal use is not permitted in the R, Rural District. Boat and recreational vehicle storage is only permitted in the M, M-1, and M-2, Manufacturing Districts and is subject to screening requirements and a minimum 100-foot separation from residentially zoned properties.
Title
To grant a variance from the provisions of Sections 3332.02 R-Rural District use; 3332.033, R-2, Residential District use; 3332.27, Rear yard; 3332.28, Side or rear yard obstruction; 3332.289, Prohibited uses in a yard; 3332.34, Residential character; 3342.08, Driveway; and 3342.22, Prohibited use, for the property located at 3541 ALKIRE ROAD (43123), to permit continuation of an outdoor boat and recreational vehicle storage business and a two-family dwelling with reduced development standards in the R-2, Residential District, with both uses having vehicular access through a lot zoned in the R, Rural District (CV02-044).
Body
WHEREAS, by application No. CV02-044, the owner of property at 3541 ALKIRE ROAD (43123), is requesting a Council variance to permit a commercial driveway as a principal use in the R, Rural District and continuation of an outdoor boat and recreational vehicle storage business and two-family dwelling in the R-2, Residential District; and
WHEREAS, Section 3332.02, R-Rural District use, prohibits a commercial driveway as the principal use on a lot zoned in the R, Rural District, while the applicant proposes to continue use of a commercial driveway as the principle use on said lot; and
WHEREAS, Section 3332.033, R-2, Residential District use, prohibits an outdoor boat and recreational vehicle storage business and a two-family dwelling, while the applicant proposes continuation of a boat and recreational vehicle storage business and two-dwelling; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes outside storage of boats and recreational vehicles on a paved surface in the required rear yard; and
WHEREAS, Section 3332.28, Side or rear yard obstruction, requires that a rear yard shall be open from the established grade to the sky unobstructed, while the applicant proposes outside storage of boats and recreational vehicles on a paved surface in the rear yard; and
WHEREAS, Section 3332.289, Prohibited uses in a yard, prohibits a person in any residentially zoned district from storing or parking, or suffering to remain in a yard except in a completely enclosed building or structure, any motor vehicle as defined by Ohio Revised Code Section 4511.01, boat or trailer except as provided for by Chapter 3342, while the applicant proposes continuation of an outdoor boat and recreational vehicle storage business that provides unenclosed storage of said boats and vehicles; and
WHEREAS, Section 3332.34, Residential character, permits accessory uses customarily incidental to a use permitted in residential districts, while the applicant proposes continued use of a commercial driveway as a principal use in the R, Rural District and continuation of a boat and recreational vehicle storage business with reduced development standards in R-2, Residential District that is surrounded by the rear yards of adjacent single-family dwellings; and
WHEREAS, Section 3342.08, Driveway, requires that a commercial driveway be at least twenty (20) feet wide, while the applicant proposes continued use of a driveway that is approximately fourteen (14±) feet wide at the entrance to the boat and recreational vehicle storage yard; and
WHEREAS, Section 3342.22, Prohibited use, requires that, in residential districts, no required off-street parking space, no parking space in front of the setback line, and no required front, side or rear yard area or other unimproved surface shall be used for the parking or storage of a boat, trailer, camping trailer or other recreational vehicle. No commercial vehicle or other vehicle which infringes on the residential character of a residential district shall be stored or parked on a residentially zoned lot, while the applicant proposes continuation of a boat and recreational vehicle storage business in required rear yard surrounded by the rear yards of adjacent single-family dwellings; and
WHEREAS, an outdoor boat and recreational vehicle storage business is only permitted in a manufacturing district and only when such storage is located a minimum of 100-feet from a residentially zoned district, while the applicant proposes continuation of such a business in a residentially zoned district with outdoor storage that is setback from adjacent residentially zoned districts a maximum of three (3) feet along the south property line and five (5) feet along the north property line; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
WHEREAS, the City Departments recommend disapproval of the requested Council variance to permit continuation of an outdoor boat and recreational vehicle storage business and a two-family dwelling in the R-2, Residential District with both uses having vehicular access through a lot zoned in the R, Rural District. The owners of the property established a boat and recreational vehicle storage business and converted a building into a two-family dwelling without obtaining a certificate of zoning clearance or building permits and have been cited by Code Enforcement. The site is surrounded by the rear yards of a single-family subdivision. The applicant proposes to store not more than a total of thirty boats and recreational vehicles on a ±22,000 square foot paved area and limit hours of operation from 8:00a.m. to 10:00p.m., and to screen the outside storage yard along the east, south and west property lines with an arbor vitae hedge planted in a 1-3 foot wide buffer zone located along the exterior of an existing five-foot high chain link fence. Screening is not provided along the north property line that also borders residential rear yards. Staff recommends disapproval noting that boat and recreational vehicle storage is appropriately only permitted in manufacturing zoning districts and with at least a 100-foot separation from residential properties. This proposal represents an inappropriate use in a residential neighborhood and lacks adequate setbacks, buffering and screening. A Council Variance is required in that an outdoor boat and recreational vehicle storage business and a two-family dwelling are not permitted in the R-2, Residential District and commercial driveway as principal use is not permitted in the R, Rural District. Boat and recreational vehicle storage is only permitted in the M, M-1, and M-2, Manufacturing Districts and is subject to screening requirements and a minimum 100-foot separation from residentially zoned properties; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed use; 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 unreasonable diminish or impair 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 3541 ALKIRE ROAD (43123), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. To grant a variance from the provisions of Sections 3332.02 R-Rural District use; 3332.033, R-2, Residential District use; 3332.27, Rear yard; 3332.28, Side or rear yard obstruction; 3332.289, Prohibited uses in a yard; 3332.34, Residential character; 3342.08, Driveway; and 3342.22, Prohibited use, for the property located at 3541 ALKIRE ROAD (43123), to permit a commercial driveway as a principal use R, Rural District, and a two-family dwelling and a boat and recreational vehicle storage business (R-2, Residential District) with outdoor storage of boats and recreational vehicles on a paved surface in the required rear yard, obstruction of the rear yard, a prohibited use in the rear yard, a use that is not customarily incidental with the residential character of uses permitted in the R-2, Residential District, and a commercial driveway that is approximately fourteen (14±) feet wide at the entrance to the boat and recreational vehicle storage yard, with reduced development standards in the R-2, Residential District; said property being more particularly described as follows:
TRACT 1: LEGAL DESCRIPTION FOR RESERVE 'A'
Situated in the State of Ohio, County of Franklin and State of Ohio, and being more particularly described as follows:
Being Reserve "A", as the same is delineated on the recorded plat thereof, of record in Plat Book 26, Page 37, Recorder's Office, Franklin County, Ohio.
TRACT 2: LEGAL DESCRIPTION FOR A 1.048± ACRE TRACT
Situated in the State of Ohio, County of Franklin, City of Columbus, Being in Virginia Military Survey Number 2442 and being part of the original 40.83 acres (Parcel One) conveyed to Martha L. Montoney by Deed of Record in O.R. 15337 B01, records of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at an iron pin found at the southeast corner of said Montoney's Estate No. 1, and being the common corner of said original 40.83 acre tract, and a 0.877 acre tract conveyed to Douglas E. Sr. and Karen S. Bennington by Deed of Record in O.R. 30270 C05;
Thence S. 12º 41' 20" W, a distance of 140.00 feet along the easterly line of said original 40.83 acre tract and the westerly line of an original 3.068 acre tract conveyed to Martha L. Montoney by Deed of Record in O.R. 15321 C08, to an iron pin set;
Thence the following two (2) courses and distances across said original 40.83 acre tract;
1. Thence N. 77º 18' 40" W, a distance of 250.00 feet to an iron pin set;
2. Thence N. 03º 27' 57" W, a distance of 201.73 feet to an iron pin found in the southerly line of a Montoney Estates No. 1, of record in Plat Book 26, Page 37, at the common corner of Lot 3 and "Reserve A" of said plat;
Thence S. 67º 21' 00" E, a distance of 310.81 feet along the northerly line of said original 40.83 acre tract and the southerly line of said Montoney Estates No. 1, to the Point of Beginning, containing 1.048 acres, more or less, and being subject to all easements, restrictions and rights-of-way of record.
The bearings in the above description are based on the bearing of 67º 21' 00" E, for the southerly right-of-way line for Alkire Road as delineated on the plat of Montoney's Estate No. 1, of record in Plat Book 26, Page 37A, 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 for a commercial driveway in the R, Rural District and an outdoor boat and recreational vehicle storage business and two-family dwelling in the R-2, Residential District, or those uses permitted in the respective R, Rural and R-2, Residential Districts.
SECTION 3. That this ordinance is further conditioned on compliance with the following development standards proposed by the applicant:
a. A maximum of thirty (30) recreational vehicles and/or boats may be stored on the site;
b. Minimum setbacks for outdoor storage shall be as depicted on the registered site plan titled, "BOCOOK SITE PLAN," signed on June 15, 2005 by Laura Comek, attorney for the applicant, and on-site storage shall be limited to the existing paved storage area (no expansion to the east or west);
c. Applicant shall plant a continuous arbor vitae hedge, approximately five (5) feet high at time of installation, on the exterior side of the existing chain link fence, along the east, south and west property lines;
d. Only cut-off down lighting fixtures are permitted for exterior lighting to prevent off-site light spillage and the maximum height of outdoor lighting standards shall be eighteen (18) feet;
e. Hours of operation for the recreational vehicle and boat storage business shall be limited to 8:00 a.m. through 10:00 p.m.
f. Four parking spaces shall be provided for the two-family dwelling as required by C.C. 3342;
g. All landscaping shall be well maintained and any dead landscaping materials shall be replaced within six (6) months or the next planting season, whichever occurs first;
h. Parcels 010-237823 and 010-237818 shall be combined within ninety (90) days of the date that this ordinance takes effect.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits 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.