Explanation
Council Variance Application: CV17-064
APPLICANT: Arlington Properties; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning request to the L-ARLD, Limited Apartment Residential District (Ordinance # 0186-2018; Z17-037) to allow a 176-unit apartment complex. Variances are requested to reduce the perimeter yard, to increase the private detached garage height to complement adjacent residential structures, and to conform the existing single-unit dwellings in the event that the site is not developed with a multi-unit residential development. Staff finds the requested variances to be supportable because the site is being designed in a manner that mitigates its impact on nearby lower density residential uses while protecting natural resources.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1 apartment residential district use; 3333.16, Fronting; 3333.255, Perimeter yard; and 3333.35(G), Private garage, of the Columbus City Codes; for the property located at 8835 SOUTH OLD STATE ROAD (43035), to permit a multi-unit residential development with reduced development standards in the L-ARLD, Limited Apartment Residential District (Council Variance # CV17-064).
Body
WHEREAS, by application # CV17-064, the owner of property at 8835 SOUTH OLD STATE ROAD (43035), is requesting a Council variance to permit a multi-unit residential development with reduced development standards in the L-ARLD, Limited Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, prohibits single-unit dwellings on lots that were not of record prior to January 14, 1959 or platted before July 16, 1986, while the applicant wishes to conform the existing single-unit dwellings in the event that the site is not developed with a multi-unit residential development; and
WHEREAS, Section 3333.16, Fronting, requires each dwelling to front on a public street, while the applicant wishes to conform the existing single-unit dwellings without frontage on a public street but with frontage along a private street in the event that the site is not developed with a multi-unit residential development; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard ranging from 0-10 feet along the property lines, as shown on the site plan committed to in Ordinance # 0186-2018 (Z17-037) which is included in the attachment file for this ordinance for clarity; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of a private detached garage to 15 feet, while the applicant proposes to increase the permitted height to 17.5 feet; and
WHEREAS, the City Departments recommend approval because the requested variances will allow a multi-unit residential development with desirable site design elements which mitigate its impact on nearby lower density residential uses while protecting natural resources; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed development; 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 8835 SOUTH OLD STATE ROAD (43035), 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 3333.02, AR-12, ARLD, and AR-1 apartment residential district use; 3333.16, Fronting; 3333.255, Perimeter yard, and 3333.35(G), Private garage, of the Columbus City Codes, is hereby granted for the property located at 8835 SOUTH OLD STATE ROAD (43035), insofar as said sections prohibit single-unit dwellings with no frontage on a public street in the L-ARLD, Limited Apartment Residential District, or a multi-unit residential development with a reduced perimeter yard from 25 feet to 0-10 feet; a fence with a varying height of 5-8 feet along the east property line within the required perimeter yard; and an increased private garage height from 15 feet to 17.5 feet; said property being more particularly described as follows:
8835 SOUTH OLD STATE ROAD (43035), being 10.45± acres located at the northeast corner of South Old State Road and Candlelight Lane and on the south side of Candlelight Lane, 250± feet east of South Old State Road, and being more particularly described as follows:
3.665 ACRES
Situated in the State of Ohio, County of Delaware, Township of Orange, in Farm Lot 3, Quarter Township 3, Township 3, Range 18, United States Military Lands, being comprised of all of Lots 195 - 197 of the subdivision entitled “Shuster Subdivision”, of record in Plat Book 7, Page 49, said Lots being conveyed to Norma Jean Lunzar by deeds of record in Deed Book 298, Page 94, Deed Book 423, Page 714, Deed Book 444, Page 804 and Official Record 908, Page 1235, and Jimmy Harmon and Connie Harmon by deed of record in Deed Book 577, Page 506, (all references are to the records of the Recorder’s Office, Delaware County, Ohio) and more particularly bounded and described as follows:
BEGINNING at the corner common to said Lot 195 and Lot 6608 of the subdivision entitled “Giltz Subdivision”, of record in Plat Cabinet 3, Slot 343;
Thence North 02° 57' 01" East, with the easterly line of said Lot 6608, a distance of 314.00 feet to a point in the southerly right of way line of Candlelite Lane;
Thence South 86° 45' 46" East, with said southerly right of way line, a distance of 508.50 feet to a point in the westerly line of the subdivision entitled “Prestwick Commons Section 4”, of record in Plat Cabinet 2, Slot 322;
Thence South 02° 57' 01" West, with said westerly line, a distance of 314.00 feet to a point in a northerly line of said Lot 6608;
Thence North 86° 45' 46" West, with said northerly line, a distance of 508.50 feet to the POINT OF BEGINNING, containing 3.665 acres of land, more or less;
This description is to be used for zoning purposes only, not for transfer.
6.785 ACRES
Situated in the State of Ohio, County of Delaware, Township of Orange, in Farm Lot 3, Quarter Township 3 and Farm Lot 22, Quarter Township 4, Township 3, Range 18, United States Military Lands, being comprised of all of Lots 186 - 191 of the subdivision entitled “Shuster Subdivision”, of record in Plat Book 7, Page 49, said Lots being conveyed to James W. Rosenberry, Trusteet by deed of record in Official Record 1098, Page 1613, John Harris and Angela Harris by deed of record in Official Record 850, Page 518, Ostap Szwabinsky, Larry D. Barnett and David L. Marhover by deed of record in Official Record 1055, Page 2486, and Paul M. Canter, Jr. and Cathy L. Canter by deed of record in Deed Book 524, Page 755, (all references are to the records of the Recorder’s Office, Delaware County, Ohio) and more particularly bounded and described as follows:
BEGINNING at the southeasterly corner of Lot 185 of said “Shuster Subdivision”, in the northerly right of way line of Candlelite Lane;
Thence North 17° 02' 20" East, with the easterly line of said Lot 185 and with the easterly line of that 0.998 acre tract conveyed as Parcel 62-WD by deed of record in Official Record 1395, Page 994, a distance of 347.00 feet to a point in the southerly line of that 13.961 acre tract conveyed as Tract II to Polaris Grand, LLC by deed of record in Official Record 1233, Page 2765;
Thence South 86° 47' 30" East, with said southerly line, a distance of 834.14 feet to a point in the westerly line of the subdivision entitled “Prestwick Commons Section 4”, of record in Plat Cabinet 2, Slot 322;
Thence South 02° 37' 18" West, with said westerly line, a distance of 335.44 feet to a corner thereof;
Thence North 87° 12' 24" West, with a northerly line of said Section 4, a distance of 255.70 feet to a corner thereof;
Thence North 86° 45' 46" West, with the northerly right of way line of said Candlelite Lane, a distance of 664.83 feet to the POINT OF BEGINNING, containing 6.785 acres of land, more or less;
This description is to be used for zoning purposes only, not for transfer.
Note: Candleite Lane right-of-way is to be vacated and incorporated into the subject site. The vacated right-of-way will assume the L-ARLD designation per Section 3309.17(I) of the Columbus City Code.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a multi-unit residential development, or those uses permitted in the L-ARLD, Limited Apartment Residential District, in accordance with Ordinance # 0186-2018 (Z17-037).
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.