Explanation
Council Variance Application: CV14-032
APPLICANT: Preferred Real Estate Investments II, LLC; Jill Tangeman, Attorney; 52 East Gay Street; Columbus, Ohio 43215.
PROPOSED USE: Multi-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from the Development Commission for a concurrent rezoning (Ordinance No. 2140-2014; Z14-029) to the L-AR-1, Limited Apartment Residential District. The applicant proposes to build an apartment complex with up to 114 units. In order to develop the site consistent with the established development pattern, a variance to reduce the required twenty-five (25) foot perimeter yard along the northern, southern, and a portion of the eastern boundaries of the site to five (5) feet is requested. This reduction is supportable because adjacent property is zoned and used for industrial commercial and purposes. Therefore, this variance will allow for more and better utilization of interior space for the residents of this development.
Title
To grant a Variance from the provisions of Section 3333.255, Perimeter Yard, of the Columbus City Codes; for the property located at 4692 KENNY ROAD (43220), to permit reduced perimeter yard in the L-AR-1, Limited Apartment Residential District for an apartment complex and to declare an emergency (Council Variance # CV14-032).
Body
WHEREAS, by application No. CV14-032, the owner of property at 4692 KENNY ROAD (43220), is requesting a Council Variance to permit a reduced perimeter yard in the L-AR-1, Limited Apartment Residential Development District for a multi-unit residential development; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of twenty-five (25) feet, while the applicant proposes a perimeter yard of five (5) feet along the northern, southern, and a portion of the eastern boundaries of the site; and
WHEREAS, City Departments recommend approval because adjacent property is zoned and used for industrial and commercial purposes and the variance will allow for more and better utilization of interior space for the residents of this 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 4692 KENNY ROAD (43220), 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, of the Columbus City Codes, is hereby granted for the property located at 4692 KENNY ROAD (43220), insofar as said section prohibits a perimeter yard of five (5) feet along the northern, southern, and a portion of the eastern boundaries of the site in the L-AR-1, Limited Apartment Residential District; said property being more particularly described as follows:
4692 KENNY ROAD (43220), being 3.77± acres located on the east side of Kenny Road, 430± feet north of Godown Road, and being more particularly described as follows:
TRACT I - 010-129792 (.819 acres)
Being a part of Section 1, Township 1, Range 19, US Military Lands.
Beginning at a spike in the centerline of Kenny Road, at the southwest corner of the H. B. Sells Subdivision as recorded in Plat Book 21, Page 8, Recorder's Office, Franklin County, Ohio; thence and with the southerly line of said H. B. Sells Subdivision and with the northerly line of the herein described tract, South 89 degrees 58 ' 11" East (passing an iron pin on line at 20.75 Feet) a distance of 263.91 feet to an iron pin marking the northeasterly corner of the herein described tract;
Thence and with the easterly line of the herein described tract, and along the westerly line of Lot 2 of the said H. B. Sells Subdivision, South 4 degrees 2 ' 12 " East a distance of 125. 15 feet to an iron pin marking the southeast corner of the herein described tract and the southwest corner of the said Lot 2 of H. B. Sells Subdivision;
Thence and with the southerly line of the herein described tract North 89 degrees 58' 11" West a distance of 307.33 feet (passing an iron pin on line 286.58 feet) to a spike in the centerline of Kenny Road, said spike marking the southwest corner of the herein described tract; Thence and with the centerline of Kenny Road, and with the west line of the herein described tract, North 15 degrees 30 ' East a distance of 129.53 feet to the place of beginning. Containing .819 acres of land more or less.
TRACT II - 010-129789 (2.9530 acres)
Being a part of Section 1, Township I, Range 19, US Military Lands.
Beginning at a point in the centerline of Kenny Road, at the northwest corner of this described tract; thence S. 89 degrees 57 ' E. a distance of 611.2 feet to an iron pin in the west right of way line of the C. & 0. R. R. at the southeast corner of H. B. Sells Subdivision as recorded in Plat Book 21, Page 8, Recorder's Office, Franklin County, Ohio, (passing an iron pin in the east line of Kenny Road at 31.12 feet); thence S. 14 degrees 32 ' E. along the west right of way line of the C. & 0. R.R. a distance of 188.42 feet to an iron pin; thence S. 88 degrees 11 ' W. a distance of 715.85 feet to a point in the centerline of Kenny Road (passing an iron pin in the east line of Kenny Road at 684.43 feet); thence N. 15 degrees 30 ' E. along the centerline of Kenny Road a distance of 213.33 feet to the place of beginning. Containing 2.953 acres of land more or less.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as an apartment complex, or those uses in the L-AR-1 Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on 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.