Explanation
Council Variance Application: CV06-042
APPLICANT: Second Shiloh Baptist Church; c/o Robert Shamansky; 88 East Broad Street, Suite 900; Columbus, Ohio 43215.
PROPOSED USE: Church.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This request will allow a church in the L-M-2, Limited Manufacturing District. A council variance is necessary in that a church is not a permitted use in the L-M-2, Manufacturing District, which allows office, warehouse and bulk storage uses. The proposed church will have to meet all of the development standards of the L-M-2 district including, but not limited to, lot coverage, height, landscaping, screening and lighting. A church is a permitted use in residential zoning districts, including the adjacent R-2 Residential District. This request is consistent with the Tri-South Neighborhood Plan (2004), which recommends mixed use and single-family uses on the site. Approval of this request will not introduce an incompatible use to the area.
Title
To grant a Variance from the provisions of Section 3367.01, M-2, Manufacturing uses, for the property located at 1164 KOEBEL ROAD (43207), to permit a church in the L-M-2, Limited Manufacturing District. (Council Variance # CV06-042)
Body
WHEREAS, by application No. CV06-042, the owner of property at 1164 KOEBEL ROAD (43207), is requesting a Council Variance to permit a church in the L-M-2, Limited Manufacturing District; and
WHEREAS, Section 3367.01, M-2, Manufacturing district, prohibits churches, while the applicant proposes to construct a church; and
WHEREAS, City Departments recommend approval because this request will not introduce an incompatible use to the area. This request is consistent with the Tri-South Neighborhood Plan (2004), which recommends mixed use and single-family uses on the site. This request will allow a church in the L-M-2, Limited Manufacturing District. A council variance is necessary in that a church is not a permitted use in the L-M-2, Manufacturing District, which allows office, warehouse and bulk storage uses. The proposed church will have to meet all of the development standards of the L-M-2 district including, but not limited to, lot coverage, height, landscaping, screening and lighting. A church is a permitted use in residential zoning districts, including the adjacent R-2 Residential District; 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 owners of the property located at 1164 KOEBEL ROAD (43207), 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 Section 3367.01, M-2, Manufacturing district, for the property located at 1164 KOEBEL ROAD (43207), insofar as said section prohibits a church; said property being more particularly described as follows:
1164 KOEBEL ROAD (43207), being 3.48± acres located on the north side of Koebel Road, 562± feet east of Lockbourne Road., and being more particularly described as follows:
DESCRIPTION OF 3.091 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Township of Marion, being a part of section 2 , Township 4, Range 22, Congress Lands, and containing 4.152 Ac. (deed) 4.151 acres (measured) of land more or less as conveyed by deed to Robert N. Shamansky in O. R. 09744 J 18 (all references to deed and plat books refer to the records in the recorder's office of Franklin County, Ohio), said 3.091 acre tract of land being more particularly described as follows:
Commencing at a railroad spike found at the intersection of Koebel Rd. (40' R/W) and Lockborne Rd. (R/W varies) and being, thence;
N 03 degrees 53' 29'' E, a distance of 383.26 feet along the centerline of Lockborne Rd., to a PK nail set at a southwesterly corner of said 4.151 acre tract, said PK nail also being the northwest corner of a 0.441 acre tract as recorded in O.R. 33071 G 16, thence;
N 03 degrees 53' 29'' E, a distance of 115.26 feet along said centerline and westerly line of said 4.151 acre tract, to a PK nail set at the northwest corner of said 4.151 acre tract and southwest corner of a 2.411 acre tract as recorded in instrument 200405280122989, thence;
S 85 degrees 42' 31'' E, a distance of 400.00 feet along a northerly line of said 4.151 acre tract and south line of said 2.411 acre tract, to a ¾'' iron pipe set also being the TRUE POINT OF BEGINNING for this description, thence;
S 85 degrees 42' 31'' E., a distance of 509.65 feet along a northerly line of said 4.151 acre tract and south line said 2.411 acre tract conveyed to Solomon Jas of Ohio LLC shown Instr. 200405280122989 to a ¾ '' iron pipe found on a westerly line of Walnut Springs Subdivision as recorded in P.B 33, PG. 74, thence;
S 03 degrees 49' 06'' W, a distance of 240.06 along a easterly line of said 4.151 acre tract and westerly line of said Walnut Springs to a 1'' iron pipe found at the southeast corner of said 4.151 and northeast corner of A 0.570 acre tract conveyed to Ramona T. Wright as recorded in D.V. 3686, PG 713, thence;
N 85 degrees 39' 31'' W, a distance of 609.97 feet along the said south line to a Fnd. 3/4'' iron pin on the west line of said 4.151 acre tract and also being on the north line of a 0.549 acre tract conveyed to Koellen Chapman shown in Intr. 200505140028083, thence;
N 03 degrees 53' 29'' E, a distance of 124.00 feet along a westerly line of said 4.151 acre tract, to a Fnd. 3/4'' iron pin at a southwesterly corner of said 4.151 acre tract and northeast corner of a 0.441 acre tract conveyed to, Charles & Laraine Gearhart being shown in O.R. 33071 G16, thence;
S 85 degrees 39' 31'' E, a distance of 100.00 feet with a new line through said 4.151 acre tract to a set iron pin, thence;
N 03 degrees 53' 48'' E, a distance of 115.61 feet with a new line through said 4.151 acre tract returning to the TRUE POINT OF BEGINNING of this description and containing 3.091 acres more or less, subject however to all legal easements and rights-of-way on record.
AND
Situated in the County of Franklin, State of Ohio, and in the City of Columbus:
Being a part of Northwest Quarter of Section 2, Township 4, Range 22, and being a part of a 1.139 acre tract deeded to Arthur C. Hertenstein in Deed Book 508, page 394, Recorder's Office, Franklin County, Ohio, said 1.139 acre tract being out of a 5 acre tract deeded to C. and H. Hertenstein in Deed Book 665, page 565, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at a point at the Northwest corner of said 5 acre tract, said point being in the center line of Lockbourne Road; thence Easterly along the North line of said 5 acre tract, a distance of 562.42 feet to an iron pin, and the true point of beginning of this description, passing an iron pin at the Northwest corner of said 1.139 acre tract at 495.21 feet; thence Easterly along the North line of said 1.139 acre tract and said 5 acre tract, a distance of 70.0 feet to an iron pin; thence Southerly across said 1.139 acre and 5 acre tracts and parallel to the centerline of Lockbourne Road and parallel to the West line of said 1.139 acre and 5 acre tracts, a distance of 239.51 feet to a point in the South line of said 1.139 acre and 5 acre tracts, and in Koebel Road, and passing an iron pin on line at 234.51 feet; thence Westerly along the South line of said 1.139 acre and 5 acre tracts, a distance of 70.0 feet to a point; thence Northerly across said 1.139 acre and 5 acre tracts, and parallel to the West line said 5 acre and 1.139 acre tracts, and the centerline of Lockbourne Road, & distance of 239.49 feet to the place of beginning, (passing an iron pin on line at 5.0 feet), containing 0.3849 acre, subject, however, to all legal highways and easements of record.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a church, or those uses permitted in the L-M-2, Limited Manufacturing District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits 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.