Explanation
Council Variance Application: CV08-027
APPLICANT: Susan F. Martin, c/o Laura MacGregor Comek, Attorney; 500 South Front Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: A new twenty-five (25) 19-space space parking lot with reduced development standards located in the rear yard of existing dwellings in the R-2F, Residential District.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council Variance to construct a 25 19 space parking lot in the rear yards of 35 and 37 West Oakland Avenue in order to provide parking for tenants of their surrounding buildings. Additional variances to various parking standards are requested as well. Staff supports the variances to allow the proposed parking lot since such lots are not unusual in this area and since additional off-street parking is needed in the area. The properties are deep enough that there would still be roughly 19 percent of the rear lot area left as unpaved rear yard. Furthermore, the applicant or affiliates own ten of the twelve properties surrounding the proposed parking lot so most of the people viewing it will be the applicant's or affiliate's tenants.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District; 3332.27, Rear yard; 3332.28, Side or rear yard obstruction; 3342.12,Lighting; 3342.15, Maneuvering; Section 3342.17, Parking lot screening; 3342.26, Wheel stop device and 3372.521(B), Supplemental parking requirements, of the Columbus City Codes for the property located at 35 & 37 WEST OAKLAND AVENUE (43201), to develop a 25 19 space parking lot with reduced development standards in the R-2F, Residential District. (Council Variance #CV08-027).
Body
WHEREAS, by application #CV08-027, the owner of property at 35 & 37 WEST OAKLAND AVENUE (43201), is requesting a Variance to permit two existing two-unit and one existing six-unit building in the R-2F, Residential District on one parcel with reduced development standards; and
WHEREAS, Section 3333.037, R-2F, Residential District Use, does not permit parking lots in the R-2F, Residential District; and
WHEREAS, Section 3332.27, Rear yard, requires each dwelling, residence or principal building to be erected so as to provide a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes an unpaved rear yard comprising approximately nineteen point seven (19.7) percent of the total lot area; and
WHEREAS, Section 3332.28, Side or rear yard obstruction, requires the area in a required side or rear yard to be open and unobstructed from the established grade to the sky, while the applicant proposes to pave approximately six (6) percent of the required side and rear yards; and
WHEREAS, Section 3342.12, Lighting, requires that any parking lot containing ten (10) or more parking spaces which is used during non-daylight hours shall be illuminated during such hours to provide an average intensity of not less than one-half (1/2) foot candles of light as measured at the surface of the parking space, while the applicant proposes no lighting other than the existing City street lights in the alley; and
WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area which may include an aisle, circulation area or improved alley, while the applicant proposes to allow vehicles to maneuver across existing interior property lines; and
WHEREAS, Section 3342.17, Parking lot screening, requires screening of parking lots within eighty (80) feet of residentially zoned property, while the applicant proposes to provide screening in accordance with the site plan which would not include all eligible residences; and
WHEREAS, Section 3342.26, Wheel stop device, requires the applicant to provide wheel stops because the proposed parking lot extends to the property line, while the applicant proposes to not to provide wheel stop devices; and
WHEREAS, Section 3372.521(B), Supplemental parking requirements, requires that each parking space shall be no less than eight (8) feet wide and eighteen (18) feet long, while the applicant proposes to permit parking spaces divided by an interior lot which would result in each parking space measuring less eight (8) feet wide and eighteen (18) feet long on each side of the lot line; and
WHEREAS, The University Area Commission recommends disapproval; and
WHEREAS, City Departments recommend approval because he applicant is requesting a Council Variance to construct a 25 19 space parking lot in the rear yards of 35 and 37 West Oakland Avenue in order to provide parking for tenants of their surrounding buildings. Additional variances to various parking standards are requested as well. Staff supports the variances to allow the proposed parking lot since such lots are not unusual in this area and since additional off-street parking is needed in the area. The properties are deep enough that there would still be roughly 19 percent of the lot area left as unpaved rear yard. Furthermore, the applicant or affiliates own ten of the twelve properties surrounding the proposed parking lot so most of the people viewing it will be the applicant's or affiliate's tenants; 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 roads, 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 35 & 37 WEST OAKLAND AVENUE (43201), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.037, R-2F, Residential District; 3332.27, Rear yard, 3332.28, Side or rear yard obstruction, 3342.15, Maneuvering; Section 3342.17, Parking lot screening, 3342.26, Wheel stop device and 3372.521(B), Supplemental parking requirements, of the Columbus City Codes for the property located at 35 & 37 WEST OAKLAND AVENUE (43201), insofar as said sections prohibit a parking lot which would leave approximately nineteen point seven (19.7) percent of the rear yard open, with pavement covering approximately six (6) percent of the rear yard, with maneuvering across existing property lines, without wheel stop devices an d without lighting, and with property lines dividing parking spaces making them technically less than eight (8) feet wide and eighteen (18) feet long, said property being more particularly described as follows:
35 & 37 WEST OAKLAND AVENUE (43201), being 0.24± acres located on the south side of West Oakland Avenue, 187± west of North High Street, and being more particularly described as follows:
Legal Description
Begin Lot No. 54 in George Williams, Jr's Mt. Auburn Addition, as the said lot is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 322, Recorder's Office Franklin County, Ohio.
Prior Instrument Reference: 18681A04
Parcel No.: 010-042505
Street Address: 37 West Oakland Avenue
Columbus, Ohio
Begin Lot No. 55 of George Williams, Jr.'s Mt. Auburn Addition to the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof of record in Plat Book No. 3, page 322, Recorder's Office, Franklin County, Ohio.
Prior Instrument Reference: 18680J17
Parcel No.: 010-010298
Street Address: 35 West Oakland Avenue
Columbus, Ohio
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 25 space parking lot or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on a commitment by the owner to maintain the existing building footprints in conformance with the site plan titled, "PARKING LOT CONCEPT PLAN FOR 35 & 37 WEST OAKLAND AVE. SITE PLAN (Alternate 2)," signed by Laura McGregor Comek, applicant, dated April 23, November 18, 2009. The Subject Site shall be developed in accordance with the site plans and exhibits. 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 plans shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon:
1). The Site will be for area residents only. No commercial parking shall be permitted.
2). The parking shall be by permit only.
3). The Owner/Applicant shall use parking stickers/decals to denote permitted parking.
4). No game-day parking sales shall be permitted.
5). The lot shall be posted with signage indicating Private Parking, Violators Will be Towed.
6). The Owner/Applicant shall monitor compliance (i.e., use of a tow company).
SECTION 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.