Explanation
Council Variance Application: CV10-013
APPLICANT: 1200 Properties LLC; c/o Steven Mauger; 2043 North Devon Road; Columbus, OH 43212.
PROPOSED USE: Thirteen-unit apartment building with up to 1,500 square feet of limited commercial space.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with an office/apartment building zoned in the C-4, Commercial District. The first floor is developed with office uses, the second floor has six apartment units, and there is a non-conforming apartment unit in the basement. The first floor was converted to offices over 30 years ago. The requested Council variance will allow the first floor to be converted back to six apartment units and will conform the basement apartment. The applicant would also like the ability to use the first-floor units as live/work space with up to 30% (1,500 square feet total) of the living space being utilized for office or retail service space. Additional variances for building setback line, dumpster screening, and a parking space reduction from 26 spaces to 13 spaces are included in the request. The site is located within the planning area of the Fifth by Northwest Neighborhood Plan (2009), which recommends mixed-use development along West Fifth Avenue. There is no district in the Zoning Code that the site could be rezoned to that would allow the combination of ground floor dwellings with commercial and office uses, therefore, the use of a Council variance is appropriate for this site.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted Uses; 3312.49 Minimum numbers of parking spaces required; 3321.01, Dumpster area; and 3356.11.A.2., C-4 district setback lines, of the Columbus City codes; for the property located at 1200 WEST FIFTH AVENUE (43212), to permit a maximum of thirteen apartment units with up to 1,500 square feet of limited commercial space with reduced development standards in the C-4, Commercial District (Council Variance # CV10-013).
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WHEREAS, by application No. CV10-013, the owner of property at 1200 WEST FIFTH AVENUE (43212), is requesting a Council Variance to permit a maximum of thirteen apartment units with up to 1,500 square feet of limited commercial space within an existing building with reduced development standards in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, does not permit ground floor residential use and requires second floor residential uses to be located above certain ground floor commercial uses, while the applicant proposes to convert first-floor office space to six apartment units, and maintain an existing apartment unit in the basement and six apartment units on the second floor; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, 1 parking space per 450 square feet of general office space, 1 parking space per 300 square feet of medical office space, and 1 parking space per 250 square feet of retail service space or a total of twenty-six (26) parking spaces for thirteen apartment units with up to 1,500 square feet of accessory office or retail service space, while the applicant proposes thirteen (13) parking spaces; and
WHEREAS, Section 3321.01, Dumpster area, requires that a dumpster be screened from view on all four sides, while the applicant proposes to maintain the existing dumpster without screening; and
WHEREAS, Section 3356.11.A.2., C-4 district setback lines, requires a building setback line that equals an average of the building lines for both abutting parcels, or twenty-three feet (23'), while applicant proposes to maintain a building setback line of twelve feet (12') along West Fifth Avenue; and
WHEREAS, the Fifth by Northwest Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance to allow ground floor dwelling units with up to 1,500 square feet of accessory office or retail service space in the C-4, Commercial District is supported by the Fifth by Northwest Neighborhood Plan, which recommends mixed-use development along West Fifth Avenue. A Hardship exists because there is no district in the Zoning Code that the site could be rezoned to that would allow the combination of ground floor dwellings with commercial and office uses; 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 owner of the property located at 1200 WEST FIFTH 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 3356.03, C-4 Permitted Uses; 3312.49 Minimum numbers of parking spaces required; 3321.01, Dumpster area; and 3356.11.A.2., C-4 district setback lines, of the Columbus City Codes is hereby granted for the property located at 1200 WEST FIFTH AVENUE (43212), insofar as said sections prohibit ground floor or basement residential use, and residential use when not located over a commercial use for thirteen apartment units, with no dumpster screening, a parking space reduction from twenty-six (26) required spaces to thirteen (13) spaces, and a reduced building setback line along West Fifth Avenue from twenty-three feet (23') to twelve feet (12'); said property being more particularly described as follows:
1200 WEST FIFTH AVENUE (43212), being 0.33± acres located on the north side of West Fifth Avenue, 81± feet west of Doten Avenue, and being more particularly described as follows:
Situated in the State of Ohio, in the County of Franklin and in the City of Columbus:
Being Lots Numbers Nine (9), Ten (10), and 19 feet of the east side of Lot Number Eleven (11) of Bailey W. Gilfillan et al's West View Addition to said City, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 14, page 26, Recorder's Office, Franklin, County, Ohio
Parcel No. 010-06168-00
Property Address: 1200 West Fifth Avenue; Columbus, Ohio 43212
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a maximum of thirteen apartment units with up to 1,500 square feet of office or retail service space on the ground floor (not to exceed 30% of the square footage of each apartment unit), or those uses permitted in the C-4, Commercial District. The permitted retail service uses are limited to the following: art studio, barber shop, beauty salon, photography studio, or tailor.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the registered site plan titled, "PROPOSED SITE PLAN," signed by Shawn McCallister, Architect, and dated October 29, 2010. The Subject Site shall be developed in accordance with the site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plan is subject to review and approval by the Director of the Department of Building and Zoning Services or a designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.