Explanation
Council Variance Application: CV04-018
APPLICANT: US Villages II, LTD; c/o James Maniace, Atty; 65 E. State Street; Columbus, Ohio 43215.
PROPOSED USE: Multi-family residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests variances to the front and perimeter yards concurrently with rezoning request Z04-019, which was recommended for approval by Development Commission on May 13, 2004, in order to develop a 30-unit condominium project in the AR-1, Apartment Residential District. The proposed variances would result in a more attractive development when viewed from Northwest Boulevard and would relieve a hardship by reducing perimeter yard requirements.
Title
To grant a Variance from the provisions of Sections 3333.18, Building lines and 3333.24, Perimeter yard; of Columbus City Codes for the property located at 1850 NORTHWEST BOULEVARD (43212) to permit reduced yards and setbacks in the AR-1, Apartment Residential District, for a multi-family residential development and to declare an emergency. (Council Variance # CV04-018)
Body
WHEREAS, by application #CV04-018 the owner of property at 1850 NORTHWEST BOULEVARD (43212), is requesting a Council Variance in conjunction with a rezoning request (Z04-019) to reduce yard and setback requirements for a proposed multi-family residential development; and
WHEREAS, Section 3333.18, Building lines, requires a building setback of no less than 50-feet from Northwest Boulevard, while the applicant proposes a minimum 25-foot building setback from Northwest Boulevard; and
WHEREAS, Section 3333.255, Perimeter yard required, requires a perimeter yard of no less than 25± feet regardless of the surrounding conditions, while the applicant proposed to provide a 5-foot perimeter yard along the northwest, north and southeast property lines of the development; and
WHEREAS, the applicant's proposed perimeter yard exceeds that of the surrounding multi-family developments and would still meet the intent of the perimeter setback; and
WHEREAS, the City Departments recommend approval of said ordinance; 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, 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to commence site demolition to expedite the construction process prior to the onset of winter for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 1850 NORTHWEST BOULEVARD (43212), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That variances from the provisions of Sections 3333.18, Building lines and 3333.255, Perimeter yard required of Columbus City Codes are hereby granted for the property located at 1850 NORTHWEST BOULEVARD (43212), with the building line reduced from fifty (50) feet to twenty-five (25) feet and with the perimeter yard reduced from twenty-five (25) feet to five (5) feet, said property being more particularly described as follows:
LEGAL DESCRIPTION
SITUATED IN THE COUNTY OF FRANKLIN IN THE STATE OF OHIO, AND IN THE TOWNSHIP OF CLINTON AND BOUNDED AND DESCRIBED AS FOLLOWS:
BEING PARTS OF LOT NUMBER (4), AS SET OFF AND ASSIGNED TO HESTER A. ORR IN PARTITION IN THE CASE OF LUCY T. BYERS, PLAINTIFF, VS. MINNIE MATLACK ET AL., DEFENDANTS, CASE NO. 46847, COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO, AS SAID LOT NO. 4 APPEARS UPON THE COMMISSIONERS' PLAT IN SAID CASE MARKED EXHIBIT "A", AND BEING A PART OF QUARTER TOWNSHIP 3, TOWNSHIP 1, RANGE 18, UNITED STATES MILITARY LANDS, AND BEING A PART OF THE 10.07 ACRES OF LAND, CONVEYED BY CLAUDE K. SEIBERT AND MARTHA W. SEIBERT, HIS WIFE, TO KING G. THOMPSON BY DEED DATED DECEMBER 31, 1934 AND RECORDED IN D. B. 1184, PAGE 241, RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BOUNDED AND DESCRIBED AS FOLLOWS:
PARCEL I.
BEGINNING AT AN IRON PIN MARKING THE INTERSECTION OF THE NORTHEASTERLY LINE OF NORTHWEST BOULEVARD WITH THE WESTERLY LINE OF SAID LOT NO. 4 (BEING ALSO THE WESTERLY LINE OF SAID 10.07 ACRES OF LAND); THENCE N. 4 DEGREES 41 MINUTES E. ALONG THE WESTERLY LINE OF SAID LOT NO. 4 AND THE WESTERLY LINE OF SAID 10.07 ACRES OF LAND, A DISTANCE OF 330.15 FEET TO AN IRON PIN; THENCE S. 58 DEGREES E. THROUGH SAID 10.07 ACRE TRACT AND ON A LINE PARALLEL WITH THE NORTHEASTERLY LINE OF NORTHWEST BOULEVARD, 277.58 FEET TO A POINT; THENCE S. 4 DEGREES 29 MINUTES W. A DISTANCE OF 127.57 FEET TO A POINT; THENCE N. 58 DEGREES W. 50 FEET TO AN IRON PIN; THENCE S. 32 DEGREES W. 180.00 FEET TO NORTHWEST BOULEVARD THENCE WITH THE NORTHEASTERLY LINE OF NORTHWEST BOULEVARD N. 58 DEGREES W. 135.00 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.472 ACRES OF LAND MORE OR LESS.
PARCEL II.
BEGINNING AT AN IRON PIN S. 58 DEGREES E. 135.00 FEET FROM AN IRON PIN MARKING THE INTERSECTION OF THE NORTHEASTERLY LINE OF NORTHWEST BOULEVARD WITH THE WESTERLY LINE OF SAID LOT NO. 4, BEING ALSO THE WESTERLY LINE OF 10.07 ACRES OF LAND; THENCE N. 32 DEGREES E. 180.00 FEET TO AN IRON PIN; THENCE S. 58 DEGREES E. 90.00 FEET TO A POINT; THENCE S. 32 DEGREES W. 180.00 FEET TO A POINT; THENCE N. 58 DEGREES W. 90.00 FEET TO THE PLACE OF BEGINNING, CONTAINING .372 ACRES OF LAND MORE OR LESS.
KNOWN AS 1850 NORTHWEST BOULEVARD.
PARCEL NOS. 010-170939 and 010-170969.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses permitted in the AR-1, 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 is further conditioned on street trees being planted along Northwest Boulevard on fifty (50) foot centers except at driveways. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
Section 5. That this ordinance is further conditioned on light standards not exceeding 18 feet in height with lights being the same or similar type and color with fully shielded, recessed lamps directed downward to prevent glare and shine above the horizontal plane.
Section 6. That all living trees with a trunk diameter of at least six inches, measured 24 inches above the ground shall be preserved unless located within private street, driveway, sidewalk or easement, within the area to be covered by proposed structures or within twelve feet of a proposed structure or the tree is damaged, diseased or a safety hazard.
Section 7. 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.