Explanation
Council Variance Application # CV12-008
APPLICANT: Preferred Real Estate Investments II, LLC; c/o Jill S. Tangeman, Atty.; 52 East Gay Street; Columbus, OH 43215.
PROPOSED USE: Reduced perimeter yard for an apartment complex.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Development Commission for a concurrent rezoning (Ord. No. 1388-2012; Z12-013) to the L-AR-1, Limited Apartment Residential District for the development of a 126-unit apartment complex. The applicant is requesting a variance to reduce the required perimeter yard of the subject property from twenty-five (25) feet to five (5) feet along the east and south property lines. The proposed perimeter yard variance is supported because the site was designed to protect a stream and existing trees, and provide open space for the residents, while increasing the required setback along Thompson Road. In addition, the requested variance will not negatively impact the institutional use located to the immediate west which is required to have minimum twenty (20) foot side and fifty (50) foot rear yards. Staff believes that the combined yard areas that will be accomplished between the two developments is sufficient.
Title
To grant a variance from the provisions of Section 3333.255, Perimeter yard, of the City codes, for the property located at 5023 THOMPSON ROAD (43230), to permit a reduced perimeter yard for an apartment complex in the L-AR-1, Limited Apartment Residential District and to declare an emergency (Council Variance # CV12-008).
Body
WHEREAS, by application No. CV12-008, the owner of property at 5023 THOMPSON ROAD (43230) is requesting a Council Variance to permit a reduced perimeter yard for an apartment complex in the L-AR-1, Limited Apartment Residential District; and
WHEREAS, Section 3333.255, Perimeter yard, requires a twenty-five (25) foot perimeter yard for an apartment complex, while the applicant proposes a five (5) foot perimeter yard along the east and south property lines; and
WHEREAS, the City Departments recommend approval because the requested variance will not negatively impact the institutional use located to the immediate east which is required to have minimum twenty (20) foot side and fifty (50) foot rear yards. Staff believes that the combined yard areas that will be accomplished between the two developments is sufficient; 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 5023 THOMPSON ROAD, 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 Section 3333.255, Perimeter yard, is hereby granted for the property located at 5023 THOMPSON ROAD (43230), in so far as said section prohibits a reduced perimeter yard from twenty-five (25) feet to five (5) feet along the east and south property lines in the L-AR-1, Limited Apartment Residential District, said property being more particularly described as follows:
5023 THOMPSON ROAD (43230), being 5.7± acres located at the southeast corner of Thompson Road and Chestnut Hill Drive, and being more particularly described as follows:
Zoning Description ~ 5.7 Acres
South Side of Thompson Road
East of Chestnut Hill Drive
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 16, United States Military District and being part of the remainder of the 28.193 acre tract conveyed to The New Albany Company as shown in Official Record 17313E14, and described as follows:
Beginning at the southeast corner of the south right-of-way line of Thompson Road as shown in Chestnut Hill Drive and Thompson Road Dedication and Easements of record in Plat Book 97, Page 3 and 4, the same being a northwest corner of a 8.915 acre tract as described in Exhibit "A" of record in I.N. 199812080315607;
Thence, S 03°55'27" W along a west line of said 8.915 acre tract, 644.82 feet to corner thereof;
Thence, N 87°00'41" W along a north line of said 8.915 acre tract, 217.11 feet to the east right-of-way line Chestnut Hill Drive as shown in said Chestnut Hill Drive and Thompson Road Dedication and Easements;
Thence, N 27°42'01" W along the east right-of-way line of Chestnut Hill Drive, 96.67 feet;
Thence, with a curve to the right, along the east right-of-way line of Chestnut Hill Drive, having a central angle of 02°13'34" and a radius of 1475.00 feet, a chord bearing and chord distance of N 27°58'39" W, 57.30 feet;
Thence, N 26°51'52" W, along the east right-of-way line of Chestnut Hill Drive, 146.13 feet;
Thence, with a curve to the right, along the east right-of-way line of Chestnut Hill Drive, having a central angle of 28°02'52" and a radius of 730.00 feet, a chord bearing and chord distance of N 12°50'26" W, 353.80 feet;
Thence, with a curve to the right, along the south right-of-way line of Thompson Road, having a central angle of 91°52'58" and a radius of 30.00 feet, a chord bearing and chord distance of N 47°07'29" E, 43.12 feet to an iron pipe;
Thence, N 84°32'07" E along the south right-of-way line of Thompson Road, 101.12 feet;
Thence, S 86°56'02" E along the south right-of-way line of Thompson Road, 345.66 feet to the Point of Beginning and containing 5.7 acres, more or less.
The above description was prepared by Advanced Civil Design, Inc. on 02/23/2012 and is based on existing records.
All references used in this description can be found at the Recorder's Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with an apartment complex.
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. 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.