Explanation
Council Variance Application CV05-063
APPLICANT: Norman and Rebecca Evans; c/o Michael T. Shannon, Atty., Crabbe, Brown and James; 500 South Front
Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: Office/warehouse, commercial and storage.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The applicants have received a recommendation of approval for a concurrent rezoning (Z05-084), from L-M-2, Limited Manufacturing District to L-M-2, Limited Manufacturing District to allow additional industrial and office uses to be developed on the subject site. The applicants are requesting variances to allow an existing non-conforming single-family dwelling, and to vary as-built conditions on the property for building setback, storage, driveway, and parking lot surface. City Staff supports all of the proposed variances with the exception of the parking lot surface variance. Staff recognizes no justifiable hardship that prevents the applicants from providing a code-required parking surface on the subject site.
Title
To grant a Variance from the provisions of Sections 3367.02, M-2, Manufacturing District; 3367.15, M-2, Manufacturing District special provisions; 3367.29(b)(3), Storage; 3342.08, Driveway; and 3342.24, Surface of the Columbus City Codes; for the property located at 3984 SCIOTO DARBY CREEK ROAD (43026), to permit an existing non-conforming single-family dwelling and office and storage development with reduced development standards in the L-M-2, Limited Manufacturing District (Council Variance # CV05-063).
Body
WHEREAS, by application #CV05-063 the owner of property at 3984 SCIOTO DARBY CREEK ROAD (43026), is requesting a Council Variance in conjunction with a rezoning request (Z05-084) to allow an existing non-conforming single-family dwelling, and to vary standards for office and storage development; and
WHEREAS, Section 3367.01, M-2, Manufacturing District, prohibits single-family dwellings except for those used as a
residence for a resident watchman, while the applicant proposes to maintain the continued use of the existing single-family
dwelling to be not specified as a watchman's residence; and
WHEREAS, Section 3367.15, M-2, Manufacturing District special provisions, requires any building or structure of any type shall be located not less than fifty (50) feet from the street line, while the applicant proposes a reduction of the required building setback to forty (40) feet for the existing single-family dwelling; and
WHEREAS, Section 3367.29(b)(3), Storage, requires the open storage of materials to be located a minimum of one-hundred (100) feet from any residential or apartment residential district, and not less than twenty-five (25) feet from side or rear lot lines, while the applicant proposes an outside storage area in the rear yard within one-hundred feet of residentially-zoned property with a two (2) foot set-back from the east property line, a three (3) foot setback from the west property line, and a twenty-five (25) foot setback from the north property line; and
WHEREAS, Section 3342.08, Driveway, requires that commercial driveways shall have a minimum width of twenty (20) feet; while the applicant proposes to maintain the existing fifteen (15) foot wide driveway; and
WHEREAS, Section 3342.24, Surface, requires that the surface of any parking or loading space, parking lot, aisle or driveway shall be designed to control stormwater runoff and be improved with Portland cement, asphaltic concrete or hard surface other than gravel or loose fill, while applicant proposes to allow a gravel parking lot surface located between the maintenance/storage building and the rear outdoor storage area, and;
WHEREAS, City Departments recommend disapproval because although the applicants have received a recommendation of approval for a concurrent rezoning (Z05-084), from L-M-2, Limited Manufacturing District to L-M-2, Limited Manufacturing District to allow additional industrial and office uses to be developed on the subject site, the applicants are requesting variances to allow an existing non-conforming single-family dwelling, and to vary as-built conditions on the property for building setback, storage, driveway, and parking lot surface. City Staff supports all of the proposed variances with the exception of the parking lot surface variance. Staff recognizes no justifiable hardship that prevents the applicants from providing a code-required parking surface on the subject site; 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 3984 SCIOTO DARBY CREEK ROAD (43026), in using said property 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 3367.01, M-2, Manufacturing District; 3367.15, M-2, Manufacturing District special provisions; 3367.29(b)(3), Storage; 3342.08, Driveway; and 3342.24, Surface of the Columbus City Codes; for the property located at 3984 SCIOTO DARBY CREEK ROAD (43026), insofar as said sections prohibit the use of a single-family dwelling with a reduced building setback from fifty (50) feet to forty (40) feet, with outside storage permitted within one-hundred (100) feet of residentially-zoned property in the rear yard two (2) feet from the east property line, three (3) feet from the west property line, and twenty-five (25) feet from the north property line, with a reduced driveway width from twenty (20) feet to fifteen (15) feet, and a gravel surface parking lot, said property being more particularly described as follows:
3984 SCIOTO DARBY CREEK ROAD (43026), being 2.01± acres located on the north side of Scioto Darby Creek Road, 370± feet west of I-270 and being more particularly described as follows:
Legal Description
3984 Scioto-Darby Creek Road
Being a Survey No. 547 Virginia Military District and being more particularly described as follows:
Beginning at a point in the center line of Scioto Darby Creek Road N. 73° 37' E. 220.14 feet from the west line of Survey No. 547; thence on a line parallel to said survey line N. 9° 30' W. 879.27 feet to an iron pipe (passing an iron pipe 30.22 feet): thence N. 73° 14' E. 100.08 feet to an iron pipe; thence on a line parallel to said survey line S. 9° 30' E. 879.94 feet to the center line of said Scioto Darby Creek Road (passing an iron pin at 849.72 feet); thence with the center line of said road S. 73° 37' W. 100 feet to the place of beginning, containing 2.01 acres more or less.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a single-family dwelling, and/or those uses permitted in the L-M-2, Limited Manufacturing District.
SECTION 3. That this ordinance is further conditioned on the height of the outside storage area not exceeding the height of the six (6) foot high fence that surrounds it.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy 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.