Explanation
Council Variance: CV04-043.
APPLICANT: The Graham School, a 501(c) (3) Corporation; c/o Patrick J. Meers, Agent; 633 High Street; Columbus, OH 43085.
PROPOSED USE: Private school.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will make an existing private school a conforming use in the M-1, Manufacturing District. The applicant applied for a change of use from office / warehouse to private school in 2001 and was granted zoning clearance to establish the school in one building based on the incorrect determination that the site was zoned in the M, Manufacturing use. The applicant applied for permits in 2004 to renovate a second building to provide office space and house computer services. At that time it was determined that the site was in the M-1, Manufacturing District, that the 2001 zoning clearance did not include the second building and that permits had not been obtained for HVAC, electrical and structural work already completed in the subject building. A hardship exists in that the applicant cannot obtain zoning clearance or building permits for completed and proposed renovations because a private school is not a permitted use in the M-1, Manufacturing District.
Title
To grant a Variance from the provisions of Section 3365.01, M-1, Manufacturing District, for the property located at 3950 INDIANOLA AVENUE (43214), to permit a private school on a lot zoned in the M-1, Manufacturing District (Council Variance CV04-043).
Body
WHEREAS, by application No. CV04-043, the owners of property at 3950 INDIANOLA AVENUE (43214), are requesting a Council Variance to make an existing private school a conforming use on a lot zoned in the M-1, Manufacturing District; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, City Departments note a hardship exists and recommend approval because zoning clearance issued in 2001 for a change of use from office / warehouse to private school in 2001 was based on an incorrect determination that the site was zoned in the M, Manufacturing District. Because the site is in the M-1, Manufacturing District the applicant cannot obtain zoning clearance or building permits for completed and proposed building renovations; 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 3950 INDIANOLA AVENUE (43214), 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 granted from the provision of Section 3365.01, M-1, Manufacturing District, of the Columbus City codes; for the property located at 3950 INDIANOLA AVENUE (43214), insofar as said section prohibits a private school on a lot zoned in the M-1, manufacturing District; said property being more particularly described as follows:
LEGAL DESCRIPTION FOR ZONING: 1.63 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, in part of Section 1, Township 1, Range 18 United States Military Lands being The Graham School Inc. 1.63 Acre tract of record in Instrument Number's 2001061500135483 and 200106150135484, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Commencing at the centerline intersection of Indianola Avenue with Oakland Park Avenue;
Thence, across the centerline of said Indianola Avenue, NORTH, 218.70 feet to a point;
Thence, across Indianola Avenue, North 88º 35' East, 30.00 feet to a point in the east right of way of said Indianola Avenue;
Thence, along the east right of way of said Indianola Avenue, NORTH, 3,995.20 feet to a point at the southwest corner of said 1.63 Acre tract and being the TRUE POINT OF BEGINNING of the herein described tract;
Thence, continuing along the east right of way of said Indianola Avenue and the west line of said 1.63 Acre tract, NORTH, 225.00 feet to a point at the northwest corner of said 1.63. Acre tract;
Thence, along the north line of said 1.63 Acre tract, EAST, 304.14 feet to a point at the northeast corner of said 1.63 Acre tract and in the west line of the Conrail tract (formerly C.C.C. & St. Louis Railroad);
Thence, along the east line of said 1.63 Acre tract and the west line of said Conrail tract, South 5º 46' East, 226.14 feet to a point at the southeast corner of said 1.63 Acre tract;
Thence, along the south line of said 1.63 Acre tract, WEST, 326.86 feet to the place of beginning CONTAINING 1.63 ACRES more or less.
This description was prepared from records only for Zoning Purposes Only.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a private school, or those uses permitted in C.C. 3365.02 through 3365.08, inclusive, of the M-1, Manufacturing District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the registered site plan titled, "INTERIOR RENOVATIONS FOR GRAHAM ALTERNATIVE SCHOOL," including parking setbacks depicted on said site plan, signed on January 25, 2005 by Pat Meers, agent for the applicant. Any deviation from said site plan is subject to review and approval by the Director of Development Department, or his or her designee.
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.