Explanation
Council Variance Application: CV06-031
APPLICANT: Ruben-Lorek, LLC; c/o Jackson B, Reynolds III, Atty.; Smith & Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Elderly Housing development.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. The applicant requests this Council variance concurrently with rezoning Z06-011, to vary side yard setbacks from 20-feet to 12-feet on the west side of the property and 11 -feet on the east side of the property. A PUD-6 approved in December of 2002 (Z02-044), lies to the east of this site. That PUD features a 25-foot setback on the perimeter. The PUD-6 to the west of this site (Z02-054), was approved in July 2003 and also includes a 25- foot perimeter setback. Staff finds the proposed variance to be unwarranted and inconsistent with the established zoning pattern of the area. The reduced setbacks will limit the ability for trees to grow in these areas, while the applicant provides excess room on the interior of the site. Staff finds this to be overdevelopment at the expense of the surrounding developments. No recommendation is being made regarding the Hardship aspect of this request.
Title
To grant a Variance from the provisions of Section 3349.04 (c), Height, area and yard regulations; of the Columbus City Codes for the property located at 5565 BROADVIEW ROAD (43230), to permit elderly housing with a reduced sideyard in the I, Institutional District. (Council Variance # CV06-031).
Body
WHEREAS, by application #CV06-031, the owner of property at 5565 BROADVIEW ROAD (43230), is requesting a Variance for elderly housing with reduced side yard setbacks concurrently with rezoning Z06-011 in the I, Institutional District; and
WHEREAS, Section 3349.04(c), Height, area and yard regulations, requires a side yard of twenty (20) feet, while the applicant proposes a side yard setback of eleven (11) feet on the east and twelve (12) feet on the west; and
WHEREAS, City Departments recommend disapproval noting that the proposed variance is unwarranted and inconsistent with the established zoning pattern of the area. The reduced setbacks will limit the ability for trees to grow in these areas, while the applicant provides excess room on the interior of the site. Staff finds this to be overdevelopment at the expense of the surrounding developments; 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 5565 BROADVIEW ROAD (43230), 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 3349.04 (c), Height, area and yard regulations of the Columbus City Codes for the property located at 5565 BROADVIEW ROAD (43230), insofar as said sections prohibit a elderly housing development with a side yard reduced from 20-feet to 12-feet on the west side of the property and 11-feet on the east side of the property; said property being more particularly described as follows:
5565 BROADVIEW ROAD (43230), being 3.97± acres located on the south side of Broadview Road, directly south of Panorama Drive and being more particularly described as follows:
Exhibit A
Legal Description
File Number: 9473
Situated in the County of Franklin, State of Ohio, and in the Township of Blendon and bounded and described as follows:
Being a part of Lot 12, Section 4, Township 2, Range 17, United States Military Lands, as said Lot 12 was laid down and delineated and numbered on a certain plat recorded in Complete Records, Court of Common Pleas, October Term, 1853, wherein George Williams and wife were plaintiffs and Virgil D. Moore and others were defendants, as shown on record in Complete Record 22, pages 101 to 109, and being, also, one acre, more or less, of that certain tract containing 3.974 acres, more or less, deeded by Louie Stevens and Mildreth Stevens, husband and wife, to Duane G. Stevens and Dorothy E. Stevens by deed dated October 28, 1961 and recorded in Deed Book 2358, page 564, Recorder's Office, Franklin County, Ohio, and more particularly bounded and described as follows:
Beginning at a point in the center line of Broadview Road (Bull Road) said point being the northwesterly corner of said 3.974 acres tract; thence South 4 deg. 06' 30" West (passing an iron pin at 37 feet) along the westerly boundary line of said 3.974 acres tract a distance of 363.00 feet to a point; thence South 85 deg. 23' East parallel with the northerly boundary line of said 3.974 acres tract a distance of 120.00 feet to a point; thence North 4 deg. 06' 30" East parallel with the westerly boundary line of said 3.974 acres tract a distance of 363 feet to a point in the center line of said Broadview Road and in the northerly boundary line of said 3.974 acres tract; thence North 85 deg. 23' West with the center line of said Broadview Road being the northerly boundary line of said 3.974 acres tract a distance of 120.00 feet to the point of beginning, subject to all legal highways and/or rights-of-way, if any, of previous record.
Parcel No. 110-1602
Also known as: 5555 Broadview Road, Columbus, Ohio 43230
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for elderly housing , or those uses permitted in the I, Institutional District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy 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.