Explanation
1. Background
The City of Columbus, Department of Public Service, Division of Infrastructure Management, received a request from the property owner, 1480 Doten Ave LLC, asking that the City allow building elements to encroach into the public right-of-way. The project is located at 1174 W 5th Avenue. This proposed building will have approximately 26 living units/apartments and 7 commercial units on the ground floor. The encroachments consist of 10 balconies that will extend into the public right-of-way, as described below and shown on the attached exhibit.
The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary for the City to grant these encroachments to extend into the public right-of-way. Allowing the building elements to extend into the right-of-way will enhance the building and support the overall architectural character and design of the proposed building. A $500.00 value for the encroachment easement was established.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the requested encroachment.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant an encroachment located at 1174 W 5th Avenue to legally allow balconies to extend into the public right-of-way. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, Division of Infrastructure Management, received a request from the property owner, 1480 Doten Ave LLC, asking that the City allow building elements to encroach into the public right-of-way; and
WHEREAS, the project is located at 1174 W 5th Avenue. This proposed building will have approximately 26 living units/apartments and 7 commercial units on the ground floor. The encroachments consist of 10 balconies that will extend into the public right-of-way, as described below and shown on the attached exhibit; and
WHEREAS, the following legislation authorizes the Director of the Department of Public Service to execute those documents necessary for the City to grant these encroachments to extend into the public right-of-way. Allowing the building elements to extend into the right-of-way will enhance the building and support the overall architectural character and design of the proposed building; and
WHEREAS, a value of $500.00 was established for the encroachment easement to be deposited into fund 7748; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Service is hereby authorized to execute those documents necessary for the City to grant these encroachments and legally allow it to extend into the public right-of-way to site owner, 1480 Doten Ave LLC, and attached exhibit; to-wit:
0.011-ACRE (456.50 SQ. FT.) VERTICAL ENCROACHMENT EASEMENT
FROM ELEVATION 786.00’ TO 801.00’ (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of the existing right of way of Doten Avenue (Formerly Bride Avenue) (50’ Wide) as dedicated in the recorded plat of West View Addition in Plat Book 14, Page 26 of the Recorder’s Office, Franklin County, Ohio and being more particularly described as follows: Commencing at the southwesterly corner of lot 5 of said West View Addition, said point being located at the intersection of the existing easterly right of way of Doten Avenue and the existing northerly right of way of Fifth Avenue (60’ wide as dedicated in the recorded plat of said West View Addition) and also being the southwesterly corner of those lands conveyed to 1480 Doten Ave., LLC by deed of record in Instrument 202404050032811; Thence along the westerly line of lot 5, the existing easterly right of way of Doten Avenue, and the westerly line of said 1480 Doten Ave., LLC, North 03° 48’ 57” East for a distance of 27.08 feet to the True Point of Beginning;
Thence across the existing right of way of Doten Avenue the following three (3) courses:
1. Perpendicular to the existing easterly right of way of Doten Avenue, North 86° 11’ 03” West for a distance of 5.50 feet to a point, between elevations 786.00’ and 801.00’;
2. Parallel with and 5.50 feet westerly of the existing easterly right of way of Doten Avenue, North 03° 48’ 57” East for a distance of 83.00 feet to a point, between elevations 786.00’ and 801.00’;
3. Perpendicular to the existing easterly right of way of Doten Avenue, South 86° 11’ 03” East for a distance of 5.50 feet to a point in the westerly line of lot 5, the existing easterly right of way of Doten Avenue, and the westerly line of said 1480 Doten Ave., LLC, between elevations 786.00’ and 801.00’;
Thence along the existing westerly line of lot 5, the existing easterly right of way of Doten Avenue, and the westerly line of said 1480 Doten Ave., LLC, South 03° 48’ 57” West for a distance of 83.00 feet to the True Point of Beginning, between elevations 786.00’ and 801.00’, and containing 0.011 acres (456.50 sq. ft.), more or less, and subject to all other legal easements and rights of way. The above-described area shall encompass those portions of the proposed balconies which protrude into the existing right of way of Doten Avenue (including brackets, connections, handrails and other associated components) located at the second and third levels of the proposed five-story apartment/retail building to be constructed at 1480 Doten Avenue, on the east side of Doten Avenue. The vertical limits are specifically identified as being from elevation 786.00’ to 801.00’. The proposed first floor finished floor elevation is 773.00’. Bearings are based on the existing centerline of Doten Avenue being N 03° 48’ 57” E as referenced to State Plane Coordinates, Ohio South Zone NAD83 with 2011 NSRS Adjustment (Epoch 2010.00) as established by gps observations using the Ohio Department of Transportation Real-Time Network (ODOT RTN). Elevations are based on North American Vertical Datum of 1988 (NAVD 88) utilizing the Ohio Department of Transportation Ohio Real-Time Network (ODOT RTN) with GEOID18. Source benchmark is Franklin County Survey Control Designation “CFM1991” with an elevation of 794.34 (NAVD 88). Source benchmark was verified by GPS methods. This description was prepared by D. Kyle Saunders, Ohio Professional Surveyor No. 8906 from an actual field survey performed in February of 2025 by Korda/Nemeth Engineering, Inc.
SECTION 2. That the City Attorney is required to approve all instrument(s) associated with this ordinance prior to the Director of the Department of Public Service executing and acknowledging any of those instrument(s).
SECTION 3. That the City will receive a total of $500.00 for granting the encroachment easements, to be deposited into Fund 7748.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.