Explanation
Council Variance Application: CV17-033
APPLICANT: Capital City Holdings LLC; c/o Thomas F. Kibbey, Atty.; 2000 Huntington Center; 41 South High Street; Columbus, OH 43215.
PROPOSED USE: Private park.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is vacant and zoned in the R-2F, Residential District. The requested Council variance will permit a private park/playground to serve the tenants and daycare center at the adjacent housing development. A Council variance is required because the R-2F, Residential District does not permit a private park. Variances for lot width, building lines, and minimum side yard are included in this request. The site is located within the planning area of the Near East Area Plan (2005), which recommends “Higher Density Residential / Mixed Use Development” land uses for this location. This request will not add an incompatible use to the area, serves the adjacent commercial use, and provides an amenity for the tenants and daycare center within the adjacent developments.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F residential district; 3332.05(A)(4), Area district lot width requirements; 3332.21, Building lines; 3332.26, Minimum side yard permitted, for the property located at 923 EAST LONG STREET (43203), to permit a private park with reduced development standards in the R-2F, Residential District and to declare an emergency (Council Variance # CV17-033).
Body
WHEREAS, by application # CV17-033, the owner of property at 923 EAST LONG STREET (43203), is requesting a Council variance to permit a private park with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F residential district, permits a public park, playground, and recreation facility, while the applicant proposes a private park to be used exclusively by the tenants and daycare center within the adjacent developments; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet, while the applicant proposes to maintain a lot width of 43.75± feet; and
WHEREAS, Section 3332.21, Building lines, requires the building setback line to be the average distance of building setbacks on contiguous lot or parcels, but in no case less than 10 feet, while the applicant proposes a building line of 0± feet along East Long Street for a brick wall; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of 5 feet along the property lines, while the applicant proposes a side yard of 1.5± feet along the west property line for a storage building; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance would permit development in character with the surrounding neighborhood. This request will not add an incompatible use to the area, serves the adjacent commercial use, and provides an amenity for the tenants and daycare center within the adjacent developments; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Zoning Clearance 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 923 EAST LONG STREET (43203), 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 be granted from the provisions of Sections 3332.037, R-2F, Residential District; 3332.05(A)(4), Area district lot width requirements; 3332.21, Building lines; 3332.26, Minimum side yard permitted, for the property located at 923 EAST LONG STREET (43203), insofar as said sections prohibit a private park in the R-2F, Residential District; with a reduced lot width from 50 feet to 43.75± feet; a reduced building line from 10 feet to 0± feet; and a reduced minimum side yard from 5 feet to 1.5± feet along the west property line; said property being more particularly described as follows:
923 EAST LONG STREET (43203), being 0.22± acres located on the south side of East Long Street, 160± feet east of North Seventeenth Street, and being more particularly described as follows:
Situated in the State of Ohio, in the County of Franklin and in the City of Columbus, and bounded and described as follows:
Parcel 1: (Parcel # 010-017390, of record in instrument Number 201407080086379)
Situated in the State of Ohio, County of Franklin and in the City of Columbus and bounded and described as follows:
Being Lot Number Two (2) of Knight, Noble and English's Subdivision of a part of Half-Section No. 13, Township No. 5, Range No. 22, Refugee Lands, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 3, Page 155, Recorder's Office, Franklin County, Ohio.
Parcel No.: 010-017390-00
Street Address: 923-925 E. Long Street, Columbus, OH 43203
Parcel 2: (Parcel # 010-031034, of record in instrument Number 201411130152073)
Situated in the State of Ohio, County of Franklin and in the City of Columbus, and further described as follows:
Being the West one-half lot of Lot No. Three (3) of Knight, Noble & English’s Subdivision, but excepting 121.45 feet off the North end of this lot, as numbered, delineated, and recorded in Plat Book 3, Page 155, Recorder’s Office, Franklin County, Ohio.
Parcel No.: 010-031034-00
Street Address: 930 Almond Avenue, Columbus, Ohio 43203
Parcel 3: (Parcel # 010-030364, of record in instrument Number 201411130152073)
Situated in the State of Ohio, County of Franklin and in the City of Columbus, and further described as follows:
Being the East one-half Lot No. Three (3) of Knight, Noble & English’s Subdivision, but excepting 121.45 feet off the North end of this lot, as numbered, delineated, and recorded in Plat Book 3, Page 155, Recorder’s Office, Franklin County, Ohio.
Parcel No.: 010-030364-00
Street Address: 932 Almond Avenue, Columbus, Ohio 43203
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a private park or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "925 EAST LONG STREET PLAYGROUND," signed by James Cletus Peltier II, Professional Engineer, and dated May 31, 2017. The plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the plan shall be 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 on the applicant obtaining all applicable permits and a Certificate of Zoning Clearance 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. 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.