Explanation
Council Variance Application # CV12-039
APPLICANT: New Albany Company LLC; c/o Jeffrey L. Brown & David L. Hodge, Attys.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development with reduced perimeter yard for parking and garages.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a variance to reduce the required perimeter yard of the subject property from twenty-five (25) feet to ten (10) feet along the west side of the site for parking and garages. This site was originally part of a larger development and was intended to be developed later but that developer decided to not purchase this site. Had the development proceeded as planned, it would have all functioned as one development and the area where the variance is being requested would not have been on the perimeter. As a result, certain buildings on the site are too close to the property line. Staff supports the proposed variance; because the land uses are both multi-unit developments and therefore are compatible.
Title
To grant a variance from the provisions of Section 3333.255, Perimeter yard, of the City codes, for the property located at 5531 THOMPSON ROAD (43230), to permit a reduced perimeter yard for a multi-unit residential development in the L-AR-12, Limited Apartment Residential District and to declare an emergency (Council Variance # CV12-039).
Body
WHEREAS, by application No. CV12-039, the owner of property at 5531 THOMPSON ROAD (43230), is requesting a Council Variance to permit a reduced perimeter yard for a multi-unit residential development in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.255, Perimeter yard, requires a twenty-five (25) foot perimeter yard for a multi-unit residential development, while the applicant proposes a ten (10) foot perimeter yard along the west side of the site for parking and garages; and
WHEREAS, the City Departments recommend approval because the land uses on the sides are both multi-unit developments and are therefore compatible; 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 5531 THOMPSON ROAD (43230), 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 from the provisions of Section 3333.255, Perimeter yard, is hereby granted for the property located at 5531 THOMPSON ROAD (43230), in so far as said section prohibits a reduced perimeter yard from twenty-five (25) feet to ten (10) feet along the west property line for parking and garages in the L-AR-12, Limited Apartment Residential District, said property being more particularly described as follows:
5531 THOMPSON ROAD (43230), being 34.6± acres located at the southeast corner of Preserve Crossing Boulevard, and being more particularly described as follows:
ZONING DESCRIPTION OF
34.55 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 3, Township 2, Range 16, United States Military Lands, being all of that 63.042 acre tract conveyed to New Albany Company by deed of record in Instrument Number 201010070133767 (all references refer to the records of the Recorder's Office, Franklin, County, Ohio), and being described as follows:
BEGINNING at a point in the centerline of Thompson Road, at the northwesterly corner of said 63.042 acre tract, a northeasterly corner of that 7.912 acre tract conveyed to Villages at Preserve Crossing III Ltd. by deed of record in Instrument Number 200807090105191, said point being South 86° 49' 04" East, a distance of 3087.49 feet from Franklin County Geodetic Survey Monument 6667 found at an angle point in the centerline of said Thompson Road;
thence South 86°49'04" East, with the centerline of said Thompson Road, a distance of 870.79 feet to a point;
thence with the perimeter of said 63.042 acre tract, the following courses and distances:
South 03°11'21" West, a distance of 20.00 feet to a point;
South 80°19'14" East, a distance of 176.68 feet to a point;
South 84°56'47" East, a distance of 71.85 feet to a point;
South 75°36'00" East, a distance of 121.68 feet to a point;
South 39°05'25" West, a distance of 103.00 feet to a point;
South 60°02'00" West, a distance of 120.00 feet to a point;
South 37°24'00" West, a distance of 214.00 feet to a point;
South 27°42'00" West, a distance of 183.00 feet to a point;
South 01°40'00" West, a distance of 71.00 feet to a point;
South 44°10'00" East, a distance of 120.00 feet to a point;
North 86°36'01" West, a distance of 277.06 feet to a point; and
South 03°33'05" West, a distance of 863.99 feet to a point;
thence North 86°21'38" West, with a southerly line of said 63.042 acre tract and partially across said 63.042 acre tract, a distance of 692.70 feet to a point;
thence North 87°06'34" West, partially across said 63.042 acre tract and with a northerly line of said 63.042 acre tract, a distance of 190.77 feet to a point;
thence with the perimeter of said 63.042 acre tract, the following courses and distances:
North 03°09'46" East, a distance of 745.79 feet to a point;
South 86°49'04" East, a distance of 66.00 feet to a point;
North 03°10'56" East, a distance of 242.00 feet to a point;
South 86°49'04" East, a distance of 54.00 feet to a point;
North 03°10'56" East, a distance of 282.27 feet to a point;
South 86°45'13" East, a distance of 74.94 feet to a point; and
North 03°21'32" East, a distance of 299.18 feet to the POINT OF BEGINNING and containing 34.55 acres, more or less.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with multi-unit residential dwellings, or those uses permitted in the L-AR-12, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed use.
SECTION 4. 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.