Explanation
Council Variance Application: CV08-036
APPLICANT: Community Housing Network; c/o Jill Tangeman, Atty.; 52 East Gay Street; Columbus, Ohio 43215.
PROPOSED USE: Multi-family residential development.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This is a companion council variance to Z08-063, which is a request to rezone from the M, Manufacturing District to the L-AR-12, Limited Apartment Residential District, to permit a maximum of sixty (60) multi-family dwelling units and parking. The site lies within the boundaries of The Greater Hilltop Plan (2001). , The applicant is requesting a variance to the minimum required number of parking spaces, the requirement that the development front on a public street and to allow an access drive in the perimeter yard and. Staff views the variance to the perimeter yard as a technicality due to the shared access with the adjacent industrial use and supports the variance that the site be accessed from a private drive. The Department of Public Service supports the parking variance. The proposal is consistent with the goal of providing a variety of housing opportunities suitable and attractive to people at different stages in their life, including senior citizens.
Title
To grant a Variance from the provisions of Sections 3333.16, Fronting; 3333.255, Perimeter yard; and 3342.28 Minimum Number of Parking Spaces; of the Columbus City Codes for the property located at 3700 SULLIVANT AVENUE (43228), to permit a maximum of sixty dwelling units with reduced development standards in the L-AR-12, Limited Apartment Residential District and to declare an emergency. (Council Variance # CV08-036).
Body
WHEREAS, by application #CV08-036, the owner of property at 3700 SULLIVANT AVENUE (43228), is requesting a Variance to permit a maximum of sixty (60) multi-family dwelling units with reduced development standards in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.16, Fronting, requires that principal buildings shall front upon a public street, while the applicant proposes access via an existing private drive and no frontage on a public street as a result of a lot split; 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; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of twenty-five (25') feet, while the applicant proposes the existing access drive for the site occupy the required perimeter yard, reducing the western perimter yard to zero (0) feet; and
WHEREAS, Section 3342.28 Minimum Number of Parking Spaces, requires two (2) parking spaces per unit which would equate to one hundred twenty (120) parking spaces while the applicant only wishes to provide half (1/2) a parking space per unit for a total of thirty (30) parking spaces per unit; and
WHEREAS, City Departments recommend approval because Staff views the variance to the perimeter yard as a technicality due to the shared access with the adjacent industrial use and supports the variance that the site be accessed off a private drive. The Department of Public Service supports the parking variance; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; 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 owners of the property located at 3700 SULLIVANT AVENUE (43228), 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 3333.16, Fronting, 3333.255, Perimeter yard and 3342.28 Minimum Number of Parking Spaces of the Columbus City Codes for the property located at 3700 SULLIVANT AVENUE (43228), insofar as said sections prohibit a multi-family development with a maximum of sixty (60) multi-family dwelling units, without frontage on public street, with an access drive occupying part of the perimeter yard; and 30 parking spaces where 120 would be required; said property being more particularly described as follows:
3700 SULLIVANT AVENUE (43228), being 5.0± acres located on the north side of Sullivant Avenue, 1065± feet west of Wilson Road, and being more particularly described as follows:
LEGAL DESCRIPTION 5.001 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Virginia Military Survey No. 2442, also being part of Lot 12 of Michael L. Sullivant's Subdivision, as shown for record in Plat Book 11, Page 22, (all references used in this description refer to the records of the Recorder's Office, Franklin County, Ohio), and containing 5.001 acres of land, more or less, and being all out of that 10.214 acre tract of land conveyed to Ideal Investment Properties, Ltd., of record in Official Record 33837 D14, said 5.001 acre tract being more particularly described as follows:
Beginning, for reference, at the intersection of the centerline of Sullivant Avenue with the westerly Limited Access Right of Way line of Wilson Road, as shown in Road Record 20, Page 34, Engineer's Office, Franklin County, Ohio, said point also being the southeasterly corner of said Lot 12, also being the southwesterly corner of Lot 11 of said Michael L. Sullivant's Subdivision, also being the southeasterly corner of that 13.350 acre tract of land conveyed to 3600 Sullivant Avenue of record in Instrument Number 200112120289908;
Thence with the centerline of said Sullivant Avenue, also with the southerly line of said Lot 12, also with the southerly line of said 13.350 acre 3600 Sullivant Avenue tract, and continuing with the southerly line of said 10.214 acre Ideal Investment Properties tract, South 88°12'28" West, a distance of 1066.88 feet to the southwesterly corner of said 10.214 acre Ideal Investment Properties tract, also being the southeasterly corner of those tracts of land conveyed to Westgate Friends Church of record in Deed Book 1856, Page 114 and Deed Book 3662, Page 85;
Thence with the westerly line of said 10.214 acre Ideal Investment Properties tract, also with the easterly line of said Westgate Friends Church tracts, North 1°34'14" West, passing over a pk nail set at 30.00 feet, a total distance of 419.82 feet to an iron pipe set marking the true point of beginning of the herein described 5.001 acre tract;
Thence with the westerly line of said 10.214 acre Ideal Investment Properties tract, also with the easterly line of said Westgate Friends Church tracts, and continuing with the easterly line of that 1.325 acre tract of land conveyed to Roxanne & Associates Investment Company, LLC, North 1°34'14" West, a distance of 453.65 feet to a 3/4 inch iron pipe found at the northwesterly corner of said 10.214 acre Ideal Investment Properties tract, also being the southwesterly corner of that 15.781 acre tract of land conveyed to the City of Columbus, Ohio, of record in Instrument Number 199912300318513;
Thence with the northerly line of said 10.214 acre Ideal Investment Properties tract, also with the southerly line of said City of Columbus tract, North 88°12'28" East, a distance of 497.02 feet to a 3/4 inch iron pipe found at the northeasterly corner of said 10.214 acre Ideal Investment Properties tract, also being a southeasterly corner of said City of Columbus tract, also being in the westerly line of the aforesaid 13.350 acre 3600 Sullivant Avenue tract;
Thence with the easterly line of said 10.214 acre Ideal Investment Properties tract, also with the westerly line of said 13.350 acre 3600 Sullivant Avenue tract, the following four (4) courses:
1) South 1°47'32" East, a distance of 253.47 feet to a 3/4 inch iron pipe found;
2) North 88°12'28" East, a distance of 14.61 feet to an iron pipe set;
3) South 1°50'03" East, a distance of 143.50 feet to a 3/4 inch iron pipe found;
4) South 14°09'27" East, a distance of 10.40 feet to an iron pipe set;
Thence with a new division line, across and through said 10.214 acre Ideal Investment Properties tract, the following three (3) courses:
1) South 88°12'28" West, a distance of 238.19 feet to an iron pipe set;
2) South 1°47'32" East, a distance of 46.52 feet to an iron pipe set;
3) South 88°12'28" West, a distance of 277.53 feet to the point of beginning
Containing 5.001 acres of land, more or less.
Subject to all easements, restrictions, and rights of way of previous record or otherwise legally established.
Basis of Bearings: The centerline of Sullivant Avenue was assigned a bearing of South 88°12'28" West, as shown in Road Record 20, Page 34, Engineer's Office, Franklin County, 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 maximum of sixty (60) multi-family dwelling units, or those uses permitted in the L-AR-12, Limited Apartment 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 plans titled "PRELIMINARY ACCESS DRIVE PLAN,"and "INGLEWOOD COURT TREE SITE PLAN," both signed by Jill S. Tangeman, Attorney for the Applicant, dated March 4, 2009. 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 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 the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
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.