Explanation
Council Variance Application: CV05-033
APPLICANT: Metro Partners at NW, LLC; c/o Jeffrey L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Multi-family residential development with reduced development standards in the L -AR-3, Limited Apartment Residential District.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests this Council variance concurrently with a rezoning to the L-AR-3, Limited Apartment Residential District (Z05-042) to develop 22 multi-family dwelling units on .36 acres for a density of 61.1 units per acre. Variances requested include: reducing the required rear yard setback from 25% to 4%; to reduce the number of required parking spaces from 44 to 35; to reduce the building setback on Northwest Boulevard from 13' 10" to 2' and to reduce the building setback along Meadow Road from 18' 5" to 2'. Staff can support this proposal based on the following considerations until a policy for infill development is formulated: the site is located at the end of a block adjacent to an unusually large intersection of two arterials which contain bus lines; the property itself is of an unusual shape making compliance with all applicable development standards difficult; the façade of the proposed structure is broken up with openings; and the north façade faces the side of the existing single-family dwelling to the north. Staff recognizes these proposed architectural and site design elements as contributing toward compatibility with adjacent properties. No determination is being made regarding hardship.
Title
To grant a variance from the provisions of Sections 3333.18, Building lines; 3333.24 Rear Yard; 3342.28(A)(5), Minimum number of parking spaces required, of the Columbus City Codes for the property at 1266 WEST THIRD AVENUE (43212) to permit a multi-family residential development in the L-AR-3, Limited Apartment Residential District with reduced building lines, a reduced rear yard and reduced parking and to declare an emergency. (CV05-033)
Body
WHEREAS, by application #CV05-033 the owner of property at 1266 WEST THIRD AVENUE (43212) is requesting a Council Variance to permit a multi-family dwelling in the L-AR-3 Limited Apartment District with reduced development standards in conjunction with rezoning application Z05-042; and
WHEREAS, Section 3333.18, Building lines, requires setbacks of 13 feet 10 inches and 18 feet 5 inches along Northwest Boulevard and Meadow Road, respectively, while the applicant proposes building lines of two (2) feet along Northwest Boulevard and Meadow Road for the proposed building; 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; and
WHEREAS, Section 3333.24, Rear yard, requires that each dwelling, apartment house, or other principal building shall be erected so as to provide a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes a rear yard of four (4) percent as depicted on the site plan; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, or a total of forty-four (44) spaces, while the applicant proposes to maintain thirty-five (35) spaces; and
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood;
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 areas, 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 property owner located at 1266 WEST THIRD AVENUE (43212) 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 Sections 3333.18, Building lines; 3333.24, Rear yard; 3342.28, Minimum number of parking spaces required; of the Columbus City codes for the property located at 1266 WEST THIRD AVENUE (43212), insofar as said sections prohibit a multi-family dwelling with 2-foot building setback lines, a rear yard of 4%, and a parking space reduction from 44 spaces to 35 spaces; said property being more particularly described as follows:
DESCRIPTION OF A 0.355 ACRE TRACT OF LAND
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 1, Township 1, Range 23, being all of Lots 117 and 118 of that subdivision entitled "Boulevard Heights Addition" of record in Plat Book 16, Page 35, as conveyed to Donald J. Compton by deed of record in Official Record 26946H17, said 0.355 acres being more particularly bounded and described as follows:
Beginning at a 1" iron pin found at the southeasterly corner of said lot 118, marking the intersection of the westerly right-of-way line of Meadow Road with the northerly right-of-way line of Third Avenue;
Thence N 86° 16' 07" W, with the northerly right-of-way line of said Third Avenue, being the southerly line of said lot 118, a distance of 22.44 feet to an iron pin set at a point of curvature of a curve to the right;
Thence Northwesterly, continuing with said right-of-way line, being said southerly lot line, and with the arc of said curve (Delta = 40° 12' 52", Radius = 25.00 feet, Arc Length = 17.55 feet) a chord bearing and distance of N 66° 09' 41" W, 17.19 feet to an iron pin set at a point of tangency in the northeasterly right-of-way line of Northwest Boulevard;
Thence N 46° 03' 16" W, with said northeasterly right-of-way line, being the southwesterly line of said lots 117 and 118, (passing a ½" iron pin found at the common corner of said lots 117 and 118 at 77.50 feet) a distance of 124.50 feet to an iron pin set at a point of curvature of a curve to the right;
Thence Northwesterly, continuing with said northeasterly right-of-way line, being the southwesterly line of lot 117, with the arc of said curve (Delta = 04° 53' 09", Radius = 905.37 feet, Arc Length = 77.20 feet) a chord bearing and distance of N 43° 36' 41" W, 77.18 feet to an iron pin set in the southerly right-of-way line of the first alley north of Third Avenue, running between Northwest Boulevard and Meadow Road, being the northwesterly corner of said lot 117;
Thence S 85° 50' 00" E, with the southerly right-of-way line of said alley, being the northerly line of said lots 117 and 118, a distance of 189.68 feet to an iron pin set in the westerly right-of-way line of said Meadow Road, being the northeasterly corner of said lot 118;
Thence S 03° 25' 18" W, with the westerly right-of-way line of said Meadow Road, being the easterly line of said lot 118, a distance of 137.15 feet to the True Point of Beginning, and containing 0.355 acres of land, more or less, as calculated by the above courses. Subject, however, to all legal highways, easements, and restrictions of record. The above description was prepared by Clark E. White, P.S. #7868 on October 31, 2005.
All iron pins set are ¾" diameter, 30" long with plastic cap inscribed "Advanced 7661".
All references used in this description can be found at the Franklin County Recorder's Office, Franklin County, Ohio. The Basis of Bearings used in this description was transferred from a GPS survey of Franklin County Monuments "FCGS 1159" and "GRANDVIEW" performed by the Franklin County Engineer's Office, and is based upon the NAD83 Ohio State Plane Coordinate System, South Zone, and determines the bearing between said monuments as S 03° 09' 23" W.
Section 2. That this ordinance is further conditioned on general compliance with drawings titled "METROPOLITAN HOLDINGS" and "3rd & NORTHWEST CONDOMINIUMS", signed by Jeffrey L. Brown, Attorney for the Applicant, dated February 23, 2006.
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.