Explanation
Council Variance Application # CV12-041
APPLICANT: Hartford Village Commons, LLC; c/o Jeffrey L. Brown and David Hodge, Attys.; Smith & Hale, LLC; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development with reduced perimeter yard.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Z12-035) to the L-ARLD, Limited Apartment Residential District for the development of 72 multi-unit residential dwellings on 4.4± acres. The remainder of the site is zoned in the L-AR-12, Limited Apartment Residential District, and is developed with 40 multi-unit residential dwellings. The applicant is requesting a variance to reduce the required perimeter yard of the subject property from twenty-five (25) feet to zero (0) feet along the interior common property lines. The proposed perimeter yard variance is supported because the site will function as one development, and the private drive that divides the existing units from the proposed will be utilized as access for both phases of the development.
Title
To grant a variance from the provisions of Section 3333.255, Perimeter yard, of the City codes, for the property located at 1018 MARSALA AVENUE (43228), to permit a reduced perimeter yard for a multi-unit residential development in the L-ARLD, and L-AR-12, Limited Apartment Residential Districts (Council Variance # CV12-041).
Body
WHEREAS, by application No. CV12-041, the owner of property at 1018 MARSALA AVENUE (43228), is requesting a Council Variance to permit a reduced perimeter yard for a multi-unit residential development in the L-ARLD, and L-AR-12, Limited Apartment Residential Districts; and
WHEREAS, Section 3333.255, Perimeter yard, requires a twenty-five (25) foot perimeter yard for a multi-unit residential development, while the applicant proposes a zero (0) foot perimeter yard along the common interior property lines on the east and west sides of Marsala Avenue; and
WHEREAS, the City Departments recommend approval because the site will function as one development, and the private drive (Marsala Avenue) that divides the existing units from the proposed will be utilized as access for both phases of the development; 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 1018 MARSALA AVENUE (43228), 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 3333.255, Perimeter yard, is hereby granted for the property located at 1018 MARSALA AVENUE (43228), in so far as said section prohibits a reduced perimeter yard from twenty-five (25) feet to zero (0) feet along the east and west property lines along Marsala Avenue in the L-ARLD, and L-AR-12, Limited Apartment Residential Districts, said property being more particularly described as follows:
1018 MARSALA AVENUE (43228), being 8.3± acres located at the southeast corner of Feder Road and Hartford Village Boulevard, along the east and west sides of Marsala Avenue, and being more particularly described as follows:
DESCRIPTION OF A 8.315 ACRE TRACT OF LAND LOCATED SOUTH OF FEDER ROAD BETWEEN HILLIARD-ROME ROAD AND DOHERTY ROAD, IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN, STATE OF OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey No. 7326, containing 8.315 acres of land, more or less, said 8.315 acre tract of land being out of that original 37.932 acre tract of land referred to as PARCEL II and described in the deed to Triangle Properties, Inc. of record in Instrument No. 199808270218031, Recorder's Office, Franklin County, Ohio, said 8.315 acre being more particularly described as follows:
Beginning, for reference, at the centerline intersection of Hilliard-Rome Road and Feder Road; thence N86W, with the centerline of said Feder Road, a distance of 586.44 feet to a point; thence S3º51'44"W, a distance of 50.00 feet to a P.K. nail found at the true point of beginning at the northwesterly corner of that 1.293 acre tract of land described in the deed to D & Z Ice Cream, Ltd. of record in Instrument No. 200112120289305 Recorder's Office, Franklin County, Ohio;
Thence, from said true point of beginning, S3W, with the westerly line of said 1.293 acre tract, a distance of 340.00 feet to a 3/4-inch (I.D.) iron pipe found;
Thence S86º17'31"E, with the southerly line of said 1.293 acre tract, a distance of 50.65 feet to a 3/4-inch (I.D.) iron pipe found in a northwesterly corner of that 1.629 acre tract of land referred to PARCEL ONE and described in the deed to Prayosha Hotels Ltd. of record in Instrument No. 199908160207827, Recorder's Office, Franklin County, Ohio;
Thence S3º45'22"W, with the westerly line of said 1.629 acre tract, a distance of 180.00 feet to a 3/4-inch (I.D.) iron pipe found in the southwesterly corner of said 1.629 acre tract;
Thence S86º14'38"E, with the southerly line of said 1.629 acre tract, a distance of 299.67 feet to a 3/4-inch (I.D.) iron pipe found in the southeasterly corner of said 1.629 acre tract, said iron pipe also being in the easterly line of said 37.932 acre tract and in the westerly line of that 61.50 acre tract of land described in Exhibit "A" of the deed to Ruth Ann Hoffman, Larry Lee Hoffman and Roy Lee Hoffman of record in Official Record 05431H02, Recorder's Office, Franklin County, Ohio;
Thence S3º51'44"W, with the easterly line of said 37.932 acre tract and the westerly line of said 61.50 acre tract, a distance of 609.28 feet to a 3/4-inch (I.D.) iron pipe found at the southwesterly corner of said 61.50 acre tract the same being at an internal corner of said 61.500 acre tract;
Thence N86º01'22"W, with a northerly line of said 61.500 acre tract and with a northerly line of that 16.480 acre tract of land referred to as PARCEL I and described in Exhibit "A" in the deed to Marcus Pohlman Properties 1, LLC of record in Instrument No. 200007240145759, a distance of 541.37 feet to a 3/4-inch (I.D.) iron pipe found in the easterly line of said 16.480 acre tract;
Thence northwardly and northwestwardly, with the easterly line of said 16.480 acre tract, the following eleven (11) courses and distances:
thence N29º52'53"E, a distance of 208.13 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
thence northwardly, with the arc of a curve to the left, having a radius of 330.00 feet, a central angle of 25º46'43" and a chord that bears N16º59'32"E, a chord distance of 147.23 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
thence N4º06'10"E, a distance of 11.03 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
thence northwardly, with the arc of a curve to the left, having a radius of 330.00 feet, a central angle of 37º39'40" and a chord that bears N14º43'40"W, a chord distance of 213.03 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
thence N33º33'30"W, a distance of 42.36 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
thence northwardly, with the arc of a curve to the right, having a radius of 370.00 feet, a central angle of 37º39'40" and a chord that bears N14º43'40"W, a chord distance of 238.85 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
thence N4º06'10"E, a distance of 101.03 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
thence northwardly, with the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 2º51'45" and a chord that bears N5º32'03"E, a chord distance of 24.98 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
thence N6º57'55"E, a distance of 75.14 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
thence northwardly, with the arc of a curve to the left, having a radius of 500.00 feet, a central angle of 2º51'45" and a chord that bears N5º32'03"E, a chord distance of 24.98 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
thence N4º06'10"E, a distance of 97.70 feet to a 3/4-inch (I.D.) iron pipe found at the northeasterly corner of said 16.480 acre tract, the same being in the southerly right-of-way line of said Feder Road and located 50.00 feet southerly from, as measured at right angles, the centerline of said Feder Road;
Thence S86º14'34"E, parallel with and 50.00 feet southerly from as measured at right angles the centerline of said Feder Road, a distance of 50.00 feet to a 3/4-inch (I.D.) iron pipe found at the northwesterly corner of that 1.036 acre tract of land described in the deed to Crawford Hoying Ltd. of record in Instrument No. 200208160202770, Recorder's Office, Franklin County, Ohio;
Thence southwardly, with the westerly line of said 1.036 acre tract the following six (6) courses and distances:
thence S4º06'10"W, a distance of 98.00 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
thence southwardly, with the arc of a curve to the right, having a radius of 550.00 feet, a central angle of 2º51'45" and a chord that bears S5º32'03"W, a chord distance of 27.47 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
thence S6º57'55"W, a distance of 75.14 feet to a 3/4-inch (I.D.) iron pipe found at a point of curvature;
thence southwardly, with the arc of a curve to the left, having a radius of 450.00 feet, a central angle of 2º51'45" and a chord that bears S5º32'03"W, a chord distance of 22.48 feet to a 3/4-inch (I.D.) iron pipe found at the point of tangency;
thence S4º06'10"W, a distance of 101.03 feet to a P.K. nail found at a point of curvature;
thence southwardly, with the arc of a curve to the left, having a radius of 320.00 feet, a central angle of 2º52'09" and a chord that bears S2º40'05"W, a chord distance of 16.02 feet to a 3/4-inch (I.D.) iron pipe found at the southwesterly corner of said 1.036 acre tract;
Thence S86º14'38"E, with the southerly line of said 1.036 acre tract, a distance of 135.39 feet to a 3/4-inch (I.D.) iron pipe found at the southeasterly corner of said 1.036 acre tract;
Thence N3º51'44"E, with the easterly line of said 1.036 acre tract, a distance of 340.00 feet to a 3/4-inch (I.D.) iron pipe found at the northeasterly corner of said 1.036 acre tract, said iron pipe also being located 50.00 feet southerly from, as measured at right angles, the centerline of Feder Road;
Thence S86º14'38"E, parallel with and 50.00 feet southerly from as measured at right angles the centerline of said Feder Road, a distance of 50.00 feet to the true point of beginning and containing 8.315 acres of land, more or less.
Subject to all rights-of-way, easements and restrictions, if any, of previous record.
The bearings given in this description correspond to the bearing S86º14'38"E as given for the centerline of Feder Road and as shown on the Centerline Survey Plat for Interstate Route 70 Sec. 3.41 on file with the Ohio Department of Transportation.
We hereby state that the foregoing description was prepared from information obtained from actual field surveys conducted by Bauer, Davidson & Merchant, Inc. in September and October of 2004.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with multi-unit residential dwellings, or those uses permitted in the L-ARLD, and L-AR-12, Limited Apartment Residential Districts.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and Certificates 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.