Explanation
Council Variance Application CV03-052
APPLICANT: Metropolitan Holdings Limited; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Multi-family residential development with two carriage houses.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant's request for a Council Variance to develop five six-unit apartment buildings and two carriage houses on the same parcel in the AR-1, Apartment Residential District with reduced development standards is generally consistent with multi-family development patterns in surrounding AR-1 and AR-3, Apartment Residential Districts and the requested density of 27.7 dwelling units per acre is consistent with the range of existing densities in those districts While there are no existing carriage houses along this section of Chambers Road the proposed carriage houses and two garages serve to establish a transition to reduced building heights along interior lot lines. Variances are also requested to reduce the Chambers Road building setback, maximum and minimum required side yards, rear yard, dumpster location and screening, parking space size, aisle (alley) surface, required number of parking spaces, and increase the height of two detached garages. This variance commits to a site plan and landscaping that meets the requirements of the Transportation Division, Department of Public Safety and Refuse Division. The proposal provides eight parking spaces located partially in the right-of-way of Chambers Road, and requires a fee paid to the Franklin County Engineer's Office for improvements to the alley south of the site. A hardship exists in that there is no zoning district that allows an apartment complex and carriage houses on the same parcel.
Title
To grant a variance from the provisions of Sections 3333.02, Apartment Residential District use; 3333.18, Building lines; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; 3333.24, Rear yard; 3333.35, Private garage; 3342.09, Dumpster; 3342.19, Parking space; 3342.24 Surface; and 3342.28, Minimum number of parking spaces required of the City codes, for the property located at 1481 CHAMBERS ROAD (43212), to permit an apartment complex (five six-unit apartment buildings) and two carriage houses on the same parcel with reduced development standards in the AR-1, Apartment Residential District and to declare an emergency. (CV03-052).
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WHEREAS, by application No. CV03-052, the owner of property at 1481 CHAMBERS ROAD (43212) is requesting a Council Variance to permit five six-unit apartment buildings and two carriage houses on the same parcel with reduced development standards in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.02, Apartment Residential use, does not allow an apartment complex (five six-unit apartment buildings) and carriage houses on the same parcel, while the applicant proposes to develop five six-unit apartment buildings and two carriage houses on the same parcel; and
WHEREAS, Section 3333.18, Building lines, requires a building setback line of twenty-five (25) feet from Chambers Road, while the applicant proposes a building setback line of seventeen (17) feet; and
WHEREAS, Section 3333.22, Maximum side yard required, requires a maximum total side yard of sixteen (16) feet, while the applicant proposes a maximum total side yard of 6.56± feet; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a minimum side yard of five feet, while the applicant proposes a minimum side yard of 3.08± feet.; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling not more than twenty-five (25) percent of total lot area (11,948± sq. ft. of 47,790± sq. ft.), while the applicant proposes a rear yard of 1,101± sq. ft. or 2.3± percent of the total lot area; and
WHEREAS, Section 3333.35, Private garage, restricts the height of a private detached garage to fifteen (15) feet, while the applicant proposes to increase the permitted height to nineteen (19) feet so that decorative architectural elements and cupolas, may be added; and
WHEREAS, Section 3342.09, requires that a dumpster not be located in any required yard and be screened on all sides, while the applicant proposes to located the dumpster in required yard and provide partial dumpster screening in general compliance with the site plan titled "Site Plan for Drayton Court Apartments,"dated 4/21/04.
WHEREAS, Section 3342.24, Surface, requires that aisles or driveways provide a hard surface other than gravel or loose fill, while the applicant proposes to improve only that portion of the aisle (alley) located between the site's south property line and that portion of the alley being improved by the Franklin County Engineers Office; and
WHEREAS, Section 3342.19, requires that a parking space shall be a rectangular area of not less than nine (9) feet by eighteen (18) feet, while the applicant proposes that eleven (11) required parking spaces accessed from the alley bordering the south property line shall be less than eight and one-half (8.5) feet by eighteen (18) feet, and that eight (8) parking spaces located partially within Chambers Road right-of-way shall be less than five and one-tenth (5.1) feet by eighteen (18) feet on applicant's property and less than three and nine-tenths (3.9) feet in the Chambers Road right-of-way; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces for each dwelling unit, or a total of sixty-four (64) parking spaces for the proposed thirty-two (32) dwelling units, while the applicant proposes to provide fifty-eight (58) parking spaces; and
WHEREAS, the City Departments recommend approval because the applicant's request for a Council Variance to develop five six-unit apartment buildings and two carriage houses on the same parcel in the AR-1, Apartment Residential District with reduced development standards is generally consistent with multi-family development patterns in surrounding AR-1 and AR-3, Apartment Residential Districts and the requested density of 27.7 dwelling units per acre is consistent with the range of existing densities in those districts While there are no existing carriage houses along this section of Chambers Road the proposed carriage houses and two garages serve to establish a transition to reduced building heights along interior lot lines. Variances are also requested to reduce the Chambers Road building setback, maximum and minimum required side yards, rear yard, dumpster location and screening, parking space size, aisle (alley) surface, required number of parking spaces, and increase the height of two detached garages. This variance commits to a site plan and landscaping that meets the requirements of the Transportation Division, Department of Public Safety and Refuse Division. The proposal provides eight parking spaces located partially in the right-of-way of Chambers Road, and requires a fee paid to the Franklin County Engineer's Office for improvements to the alley south of the site. A hardship exists in that there is no zoning district that allows an apartment complex and carriage houses on the same parcel; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupance 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to begin construction as soon as possible 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 1481 CHAMBERS ROAD (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 3333.02, Apartment Residential District use; 3333.18 Building lines; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; 3333.24, Rear yard; 3333.35, Private garage; 3342.19, Parking space; and 3342.28, Minimum number of parking spaces required is hereby granted for the property located at 1481 CHAMBERS ROAD (43212), in so far as that said sections prohibit an apartment complex consisting of five six-unit apartment buildings and carriage houses on the same parcel with a seventeen (17) foot building setback line from Chambers Road, maximum total side yard of 6.56± feet, minimum side yard of 3.08± feet, rear yard of 1,101 sq. ft. or 2.3± percent of the total lot area, private detached garage height of nineteen (19) feet, dumpsters in required yard that are partially screened from view, eleven required parking spaces accessed from the alley of not less than eight and one-half (8.5) feet by eighteen (18) feet, aisle (alley) survace improved from applicant's property line to the existing alley, and the number of required on-site parking spaces reduced from 64 to 58 spaces, said property being more particularly described as follows:
1.097 ACRE ZONING DESCRIPTION
Situated in the State of Ohio, County of Franklin, Township of Clinton, being all of lots 18 through 24 of that subdivision entitled "Lincoln Heights Addition" of record in Plat Book 7, Page 250, as conveyed to Linsue, Inc. by deed of record in Deed Book 3571, Page 388, B.R. and S.M. Wear by deed of record in Official Record 34372B12 and B.R. Wear by deed of record in Official Record 3691B04, said 1.097 acres being more particularly bounded and described as follows:
Beginning at a point in the southerly right-of-way line of Chambers Road (Sherman Avenue) at the northwesterly corner of lot 18 of said "Lincoln Heights Addition";
Thence S 86º 17' 02" E, with said southerly right-of-way line, being the northerly line of said lots 18 through 24, a distance of 280.00 feet to the northeasterly corner of said lot 24;
Thence S 03º 01' 50" W, with the easterly line of said Lot 24, a distance of 170.68 feet to the southeasterly corner of said lot 24;
Thence N 86º 17' 02" W, with the southerly lines of said lots 18 through 24, a distance of 280.00 feet to the southwesterly corner of said Lot 18;
Thence N 03º 01' 50" E, with the westerly line of said Lot 18, a distance of 170.68 feet to the True Point of Beginning, and containing 1.097 acres of land, more or less, as calculated by the above courses.
All references used in this description can be found at the Franklin County Recorder's Office, Franklin County, Ohio. This description is from existing information and should be used for zoning purposes only. ADVANCED CIVIL DESIGN, INC.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with an apartment complex (five six-unit apartment buildings) and two carriage houses on the same parcel with reduced development standards, or those uses permitted in the AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on development as shown on the site plan titled "SHEET 1/1: SITE PLAN FOR DRAYTON COURT APARTMENTS"dated 4/21/04, landscape plan titled "SHEET L-1: SITE PLANTING PLAN"dated 2/9/04, landscape wall plan titled "SHEET L-2: LANDSCAPE WALL PLANS, SECTIONS AND DETAILS"dated 2/9/04, and apartment building drawing titled "6-FAMILY APARTMENT BUILDING ELEVATIONS"dated 2/3/2004, all signed by Jeffrey L. Brown, Attorney for the Applicant on 4/22/04, and carriage house and garage drawing titled "SHEET E-2: CARRIAGE HOUSE AND GARAGE ELEVATIONS"dated 4/26/04, and signed by Jeffrey L. Brown, Attorney for the Applicant on 4/26/04. These plans may be slightly adjusted to reflect final engineering and topographical, or other site data, developed at the time development or when engineering plans are completed. Any slight adjustments to the site plan, landscape plan, or landscape wall plans, sections and details shall be reviewed and approved by the Director of the Department of Development, or his/her designee, upon submission of appropriate data regarding the proposed adjustment. The applicant may elect to use wrought iron or aluminum for fencing depicted on Sheet L-2.
SECTION 4. That this ordinance is further conditioned in that the applicant must record an easement acceptable to the City of Columbus Transportation Division for all sidewalk and portions of parking spaces to be located on private property prior to the issuance of zoning clearance.
SECTION 5. That this ordinance is further conditioned in that the applicant must provide a receipt documenting that $8000.00 has been paid to the Franklin County Engineer's Office for alley improvements prior to the issuance of zoning clearance.
SECTION 6. That this ordinance is further conditioned in that the dumpster pad, and all driveways/curb cuts, surface and garage parking spaces located along the south property line must be served by an aisle for maneuvering that is a minimum twenty (20) feet in width, the surface of which is fully improved as required by C.C. 3342.24, Surface.
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.