Explanation
Council Variance Application: CV06-050
APPLICANT: Portrait Homes Ohio, LLC; c/o Donald Plank; Plank & Brahm; 145 East Rich Street, Third Floor; Columbus, Ohio 43215.
PROPOSED USE: To permit two-unit dwellings with reduced maneuvering in the L-AR-12, Limited Apartment Residential District.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The L-AR-12, Limited Apartment Residential District allows dwellings with three or more units. This variance will allow two-unit dwellings in the L-AR-12 district. Additionally, the access and maneuvering requirements for the parking spaces in the attached garages are requested to be varied to allow stacked parking. The proposed stacked parking will not reduce the amount of required parking, but will provide additional parking on the site. Staff supports this request as the two-unit dwellings with maneuvering variances are consistent with the zoning and development patterns of the area. This application is a companion council variance to rezoning application Z06-065, which is a request to rezone from R, Rural District to L-AR-12, Limited Apartment Residential District to allow multi-family residential development. The site could be developed with the larger adjacent parcel.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1 Apartment residential district use, and 3342.15, Maneuvering, for the property located at 7468 EAST BROAD STREET (43004), to permit two-unit dwellings with reduced maneuvering in the L-AR-12, Limited Apartment Residential District and to declare an emergency.(Council Variance #CV06-050)
Body
WHEREAS, by application No. CV06-050, the owner of property at 7468 EAST BROAD STREET (43004), is requesting a Council variance to permit two-unit dwellings with reduced maneuvering in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1, Apartment residential district use, does not allow two-unit dwellings unless the lot was separately owned and of record on January 14, 1959, or on a lot in a recorded subdivision of record on January 14, 1959 or platted between January 14, 1959 and July 16, 1986, while the applicant proposes a two-family dwelling; 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; and
WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area, while the applicant proposes to build dwelling units with two car garages, but to also permit two stacked parking spaces in the driveways in front of the garages, which is the access and maneuvering space for the parking spaces in the garages; and
WHEREAS, City Departments recommend approval because the two-unit dwellings with maneuvering variances are consistent with the zoning and development patterns of the area. The L-AR-12, Limited Apartment Residential District allows dwellings with three or more units. This variance will allow two-unit dwellings in the L-AR-12 district. Additionally, the access and maneuvering requirements for the parking spaces in the attached garages are proposed to be varied to allow stacked parking. The proposed stacked parking will not reduce the amount of required parking, but will provide additional parking on the site. This application is a companion council variance to rezoning application Z06-065, which is a request to rezone from R, Rural District to L-AR-12, Limited Apartment Residential District to allow multi-family residential development. The site could be developed in conjunction with the larger adjacent parcel; 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 7468 EAST BROAD STREET (43004), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. Variances from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1 Apartment residential district use, and 3342.15, Maneuvering, for the property located at 7468 EAST BROAD STREET (43004), insofar as said sections prohibit a two-unit dwelling with stacked parking in the driveway, said property being more particularly described as follows:
LEGAL DESCRIPTION
7468 East Broad Street, Columbus, Ohio 43004
(1.147 ACRES)
Situated in the State of Ohio, County of Franklin, Township of Jefferson, Quarter Township 4, Township 1, Range 16, United States Military Lands, being all of the remainder of the 4.21 acre tract conveyed to Annis L. Brake by deed of record in Instrument Number 200305200150381 (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning for Reference, at a monument found marking an angle point in the centerline of East Broad Street (State Route 16, 110' wide), being Station 306+17.79 of FRA/LIC-16-10.30/0.00 on file at the Ohio Department of Transportation;
thence South 81° 50' 35" West, a distance of 225.60 feet, with said centerline of East Broad Street, to the southeast corner of 44 WD conveyed to The State of Ohio by deed of record in Official Record 16439 B15 and the southwest corner of 45 WD conveyed to The State of Ohio by deed of record in Official Record 16572 A12;
thence North 04° 06' 05" East, a distance of 56.28 feet, with the line common to said 44 WD and 45 WD, to an iron pin set in the northerly right-of-way line of said East Broad Street, at a common corner of said 44 WD and 45 WD, the original 3.59 acre tract conveyed to East Side Grace Brethren Church of Columbus, Ohio by deed of record in Deed Book 3336, Page 691, and said remainder of 4.21 acre tract, being the TRUE POINT OF BEGINNING;
thence South 81° 50' 35" West, a distance of 164.24 feet, with said northerly right-of-way line of East Broad Street and the line common to said remainder of 4.21 acre tract and said 44 WD, to a ½" rebar found at the common corner of said remainder of 4.21 acre tract, said 44 WD, 38 WD conveyed to the State of Ohio by deed of record in Official Record 16464 D11 and the 4.34 acre tract conveyed as Tract II to James A. Geiger, Trustee and Victoria L. Geiger, Trustee, by deed of record in Instrument Number 200502230032593;
thence North 03° 51' 45" East, a distance of 327.86 feet, with the line common to said remainder of 4.21 acre tract and said 4.34 acre tract, to a ½" rebar found at the common corner of said remainder of 4.21 acre tract and the 2.788 acre tract conveyed as Tract I to James A. Geiger, Trustee and Victoria L. Geiger, Trustee, by deed of record in Instrument Number 200502230032593;
thence South 85° 31' 54" East, a distance of 161.87 feet, with the line common to said remainder of 4.21 acre tract and said 2.788 acre tract, to an iron pin set in the easterly line of said original 3.59 acre tract;
thence South 04° 06' 05" West, a distance of 291.95 feet, with the line common to said remainder of 4.21 acre tract and original 3.59 acre tract, to the TRUE POINT OF BEGINNING, containing 1.147 acres, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Bearings are based on the Ohio State Plane Coordinate System per NAD83 (1986 Adjustment), South Zone. Control for bearings was from the coordinates of monuments FCGS 5011 and FCGS 4409, having a bearing of South 09° 48' 44" West, as established by the Franklin County Engineering Department.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for one two-unit dwelling and/or those uses permitted in the L-AR-12, Limited Apartment Residential District.
Section 3. That this ordinance is further conditioned on every dwelling unit not having less than a two-car attached garage.
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. 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.