Explanation
Council Variance Application: CV14-026
APPLICANT: Continental Bell, Ltd.; c/o David L. Hodge, Atty.; Smith & Hale, LLC; 37 West Broad Street, Suite 460, Columbus, OH 43215.
PROPOSED USE: Apartment complex with reduced setbacks.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from the Development Commission for a concurrent rezoning (Ord. No. 2263-2014, Z14-021) to the AR-2, Apartment Residential District. The applicant proposes to build an apartment complex with up to 105 units. In order to develop the site consistent with the established development pattern, and to allow for better utilization of interior space for the residents, variances to reduce the required building lines and perimeter yard are proposed. These reductions are supportable because the development trend in the area is resulting in a mixed-use pattern, including higher density housing within close proximity to commercial uses. The requested variances are reflective of higher-density infill developments in urban neighborhoods.
Title
To grant a Variance from the provisions of Sections 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 1281 EDGEHILL ROAD (43212), to permit reduced setbacks for an apartment complex in the AR-2, Apartment Residential District and to declare an emergency (Council Variance # CV14-026).
Body
WHEREAS, by application No. CV14-026, the owner of property at 1281 EDGEHILL ROAD (43212), is requesting a Council Variance to permit reduced setbacks for an apartment complex in the AR-2, Apartment Residential District; and
WHEREAS, Section 3333.18, Building lines, requires a building line of twenty-five (25) ten (10) feet along Edgehill Road and Norton Avenue, while the applicant proposes building lines of ten (10) feet along Edgehill Road, and six (6) feet along Edgehill Road and Norton Avenue; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard that is ten (10) percent of the average lot width for an apartment complex, which calculates as nineteen (19) feet for this site, while the applicant proposes no perimeter yard; and
WHEREAS, the Fifth By Northwest Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variances are reflective of higher-density infill developments in urban neighborhoods. In order to develop the site consistent with the established development pattern, and to allow for better utilization of interior space for the residents, variances to reduce the required building lines and perimeter yard are proposed. These reductions are supportable because the development trend in the area is resulting in a mixed-use pattern, including higher density housing within close proximity to commercial uses; and
WHEREAS, said variance 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 1281 EDGEHILL ROAD (43212), in using said property as desired; 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; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 1281 EDGEHILL ROAD (43212), insofar as said sections prohibit building lines of ten (10) feet along Edgehill Road, and six (6) feet along Edgehill Road and Norton Avenue, and no perimeter yard; said property being more particularly described as follows:
1281 EDGEHILL ROAD (43212), being 2.9± acres located on the west side of Edgehill Road, 443± feet north of West Third Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being 1.391 acres out of Lot No. 10 of the Estate of William Neil (Deceased) as recorded in Plat Book 3, Page 168, conveyed to Link Holdings, Inc. as described in Instrument Number 201010120135391 and being 1.538 acres out of Lot No. 10 of the Estate of William Neil (Deceased) as recorded in Plat Book 3, Page 168, conveyed to 1281 Edgehill, LLC as described in Instrument Number 200909240138793, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Beginning at the southwest corner of said 1.391 acre tract and being in the easterly right-of-way line of Norton Ave. (60');
thence northerly, along the easterly right-of-way line of Norton Avenue and the west line of said 1.391 acre tract, North 00° 15' 00" West, 170.5 feet to the northwest corner of said 1.391 acre tract;
thence easterly, with the north line of said 1.391 acre tract, South 89° 37' 00" East, 356.6 feet to the northeast corner of said 1.391 acre tract and the northwest corner of said 1.538 acre tract;
thence easterly, with the north line of said 1.538 acre tract, South 89° 40' 09" East, 81.6 feet to a point of curvature in said north line;
thence northeasterly, continuing with the north line of said 1.538 acre tract with a curve to the left having a radius of 420.28 feet, a delta angle of 36° 19' 07", a chord bearing, North 72° 15' 06" East, 261.97 feet to the northeast corner of said 1.538 acre tract;
thence southerly, with the east line of said 1.538 acre tract, South 00° 00' 00" West, 25.3 feet to an angle point in said east line;
thence easterly, continuing with the east line of said 1.538 acre tract, North 90° 00' 00" East, 37.00 feet to an angle point in said east line, being in the centerline of Edgehill Road (60');
thence southerly, with centerline of Edgehill Road and continuing with the east line of said 1.538 acre tract, South 00° 00' 00" West, 22.2 feet to a point of curvature in said east line;
thence southwesterly, continuing with the east line of said 1.538 acre tract with a curve to the right having a radius of 400.28 feet, a delta angle of 30° 45' 18", a chord bearing, South 17° 02' 05" West, 212.3 feet to the southeast corner of said 1.538 acre tract;
thence westerly, with the south line of said 1.538 acre tract, North 89° 42' 29" West, 306.8 feet to the southwest corner of said 1.538 acre tract and the southeast corner of said 1.391 acre tract;
thence westerly, with the south line of said 1.391 acre tract, North 89° 40' 00" West, 354.6 feet to the POINT OF BEGINNING, containing approximately 2.9 acres and encompasses parcel numbers: 010-003020, 010-063723
Subject to all legal rights-of-way and/or easements, if any, of previous record.
This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on August 18, 2014.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an apartment complex, or those uses permitted in the AR-2, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "EDGEHILL DEVELOPMENT," drawn by Architectural Alliance, dated September 19, 2014, and signed by David L. Hodge, Attorney for the Applicant. The Plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the Plan shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
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.