Explanation
Council Variance Application: CV13-008
APPLICANT: Metropolitan Holdings LLC; c/o Jeffrey L. Brown & David L. Hodge, Attys.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Concurrent Council variance with Rezoning Z13-014 to reduce development standards for proposed multiple-unit dwellings
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site is being rezoned to the AR-1, Apartment Residential District. The applicant is requesting this concurrent Council variance along with the rezoning Z13-014 to allow four 4-family buildings, five 2-family buildings and two 1-family dwellings on this site with reduced development standards. Staff supports the proposed land use given the AR-1, Apartment Residential Zoning to the south across Concord Avenue. Staff views the variances to allow buildings containing just one and two dwelling units and the variance to permit dwellings without frontage on a public street as technicalities which will have no negative effect on the development or the surrounding area. The proposed building line reduction would allow the buildings to be roughly in line with the existing dwellings to the west along Kenny Road. Staff supports the setback reduction and intrusion into the clear vision triangle on Concord Avenue because the Public Service Department accepts the proposed configuration since the right of way used is much narrower than it could be and it acts more like an alley than a street and on Chambers Road because only a small portion of the proposed parking lot intrudes into the required setback.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-1, Apartment Residential District; 3312.21, Landscaping and screening, 3312.27(3), Parking Setback Line; 3321.05(A),Vision clearance; 3333.16, Fronting on a public street; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes, for the property located at 1037 CHAMBERS ROAD (43212), to permit multiple-unit dwellings in the AR-1, Apartment Residential District with reduced development standards and to declare an emergency (Council Variance # CV13-008).
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WHEREAS, by application #CV13-008, the owner of property at 1037 CHAMBERS ROAD (43212), is requesting a Variance concurrent with rezoning Z13-014 to permit multiple-unit dwellings; and
WHEREAS, Section 3333.02, AR-1, Apartment Residential District, prohibits two and one unit dwellings, while the applicant proposes to have two-unit buildings; and
WHEREAS, Section 3312.21, Landscaping and screening, requires parking lots to have screening within 80 feet of residentially zoned property, while the applicant proposes no screening of the proposed parking lots; and
WHEREAS, Section 3312.27(3), Parking Setback Line, requires a 10-foot setback for parking along undeveloped frontage, while the applicant proposes a 1-foot parking setback along Concord Avenue and 4 feet along Chambers Road; and
WHEREAS, Section 3321.05(A),Vision clearance, requires a ten foot clear vision triangle at the intersection of a driveway and the right-of-way, while the applicant proposes a buildings within the clear vision triangle as shown on the site plan; and
WHEREAS, Section 3333.16, Fronting on a public street, requires a dwelling unit to have frontage on a public street, while the applicant proposes no frontage for two (2) two-unit dwellings along the east property line as shown on the Site Plan; and
WHEREAS, Section 3333.18, Building lines, requires the building setback to be twenty-five (25) feet from Kenny Road, Concord Avenue and Chambers Road, while the applicant proposes a building line of eleven (11) feet on Kenny Road, one (1) foot on Concord Avenue and seven (7) feet on Chambers Road; and
WHEREAS, Section 3333.255, Perimeter yard, requires a twenty-five (25) foot perimeter yard for a multiple unit development, while the applicant proposes a two (2) foot perimeter yard along the east as shown on the Site Plan; and
WHEREAS, City Departments recommend approval for this concurrent Council variance because Staff supports the proposed land use given the AR-1, Apartment Residential Zoning to the south across Concord Avenue; and
WHEREAS, said ordinance requires separate submission for all applicable permits and 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 1037 CHAMBERS ROAD (43212), 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 variances from the provisions of Sections 3333.02, AR-1, Apartment Residential District, 3312.21, Landscaping and screening, 3312.27(3), Parking Setback Line, 3321.05(A), Vision clearance, Parking Setback Line, 3333.16, Fronting on a public street, 3333.18, Building lines and 3333.255, Perimeter yard of the Columbus City Codes, are hereby granted for the property located at 1037 CHAMBERS ROAD (43212), insofar as said sections prohibit single and two unit dwellings in the AR-1, Apartment Residential District, with building and parking setbacks as low as one foot, without parking lot screening, with two buildings without frontage on a public street, with a perimeter yard on the east property line of as little as two feet, and without vision clearance with said property being more particularly described as follows:
1037 CHAMBERS ROAD (43212), being 1.2± acres located at the southeast corner of Chambers and Kenny Roads, and being more particularly described as follows:
Rezoning Description of 1.2 Acres
South Side of Chambers Road
East Side of Kenny Road
Situated in the State of Ohio, County of Franklin, Township of Clinton, Quarter Township 3, Township 1, Range 18, United States Military District, and being all of the lots, remainder of lots, and vacated alley (see Road Record 16, Page 293 and Road Record 20, Page 197) as conveyed to Robert T. Steffens and Steven D. Steffens of record in Instrument Numbers 200509220198330 and 200509220198329 (APN 130-000506: Lot 35, APN 130-000508: Lots 36-40, APN 130-000512: Lot 41, APN 130-000513: Lot 42, APN 130-000514: Lot 43, APN 130-000515: Lot 44, APN 130-000516: Lot 45 and APN 130-000517: Lot 46), being a part of "Meridian Addition" as recorded in Plat Book 5, Page 22, and described as follows:
Beginning at the southeast corner of said Lot 46, in the north right-of-way line for Concord Avenue;
Thence N 86° 20' 21" W, along the north right-of-way line for said Concord Avenue, 180.60 feet;
Thence N 41° 13' 54" W, across said Lot 41, 15.64 feet to the east right-of-way line for Kenny Road;
Thence N 03° 46' 18" E, along the east right-of-way line for said Kenny Road, 264.04 feet;
Thence N 58° 02' 45" E, across said Lot 40, 29.20 feet to the south right-of-way line for Chambers Road;
Thence S 67° 40' 48" E, along the south right-of-way line of said Chambers Road, 177.16 feet to the northeast corner of said Lot 35;
Thence S 03° 46' 18" W, along the east line of said Lots 35 and 46, 235.44 feet to the Point of Beginning.
Containing 1.2 acres, more or less. The above description was written by Advanced Civil Design on June 06, 2013.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for four 4-family buildings, five 2-family buildings and two 1-family dwellings cabinetry and/or millwork or those uses permitted in the AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on general compliance with drawing titled, "ZONING PLAN FOR 1037 CHAMBERS ROAD, SHEETS 1 & 2," signed by David L. Hodge, attorney for the applicant, and dated April 19, 2013. 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 shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services or his or her designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on headlight screening being provided west of the parking lot facing Kenny Road at least 30 inches in height at the time of installation. Such screening may be planted to the west of the sidewalk shown on the drawing titled, "ZONING PLAN FOR 1037 CHAMBERS ROAD, SHEET 1," signed by David L. Hodge, attorney for the applicant, and dated April 19, 2013.
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.