Explanation
Council Variance Application: CV07-005
APPLICANT: City Heritage LLC; c/o Jonathan C. Beard, Agent for the Applicant; Columbus Compact Corporation; 1000 East Main Street; Columbus, OH 43205.
PROPOSED USE: Multi-family residential development.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested Council variance will allow the construction of a multi-family residential development with a maximum of fifty-two (52) units in the R-3, Residential District. The R-3, Residential District only allows single-family residential development. The site is comprised of two site areas. Thirty-eight (38) units are proposed for Site Area A, being 1.5± acres located at the southeast corner of Oak Street and Kelton Avenue, and fourteen (14) units are proposed for Site Area B, being 0.5± acres located at the southwest corner of Oak Street and Kelton Avenue. Variances for height, lot coverage, fronting on a public street, building lines, minimum side yard, rear yard, and minimum number of parking spaces required are included in the request. The site is located within the planning area of Near East Area Plan (2005) which recommends revitalization of residential areas, including vacant land and structures.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, Residential District; 3332.18(D), Basis of computing area; 3332.19, Fronting on a public street; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.29, Height district; and 3342.28, Minimum number of parking spaces required; of the Columbus City Codes for the property located at 1551 OAK STREET (43205), to permit a multi-family residential development with a maximum of fifty-two (52) units in the R-3, Residential District with reduced development standards (Council Variance #CV07-005). (REPEALED BY ORD. 1970-2019; PASSED 7/29/2019).
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WHEREAS, by application No. CV07-005 the owner of property at 1551 OAK STREET (43205), is requesting a Council Variance to permit a multi-family residential development with a maximum of fifty-two (52) units in the R-3, Residential District (thirty-eight (38) units for Site Area 'A' and fourteen (14) units for Site Area 'B') with reduced development standards; and
WHEREAS, Section 3332.035, R-3, Residential District Use, permits only single-family dwellings on individual lots in the R-3, Residential District while the applicant proposes a maximum of fifty-two (52) multi-family residential units in six buildings (thirty-eight (38) units for Site Area 'A' and fourteen (14) units for Site Area 'B'); and
WHEREAS, Section 3332.18(D), Basis of computing area, requires that no dwelling shall occupy alone or together with any other building greater than fifty (50) percent of the lot area, while the applicant proposes a lot coverage of eighty percent (80 %) for building and parking areas; and
WHEREAS, Section 3332.19, Fronting on a public street, requires a dwelling unit to have frontage on a public street, while the applicant proposes that Buildings A, D and E will have primary entrances that front the parking areas; and
WHEREAS, Section 3332.21, Building lines requires a 25-foot building line, while the applicant proposes building lines as low as eleven (11) feet seven (7) feet and six (6) inches along Oak Street and five (5) feet along Kelton Avenue for Site Area 'A', and two (2) feet along Oak Street and Kelton Avenue for Site Area 'B' as shown on the development plan; and
WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard to equal twenty (20) percent of the lot width not to exceed sixteen (16) feet, while the applicant proposes maximum side yards totaling less than sixteen (16) feet as shown on the development plan; and
WHEREAS, Section 3332.26, Minimum side yard permitted requires side yards to be no less than five (5) feet in width, while the applicant proposes no side yard along Elliot Alley; and
WHEREAS, Section 3332.27, Rear yard, requires a principal building to provide a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes no rear yard for either site area; and
WHEREAS, Section 3332.29, Height district, requires that no building or structure shall exceed a height of thirty-five (35) feet, while the applicant proposes a maximum building height of forty-five (45) feet; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, or seventy-six (76) spaces for Site Area 'A' and twenty-eight (28) spaces for Site Area 'B', while the applicant proposes fifty-two (52) sixty-six (66) spaces for Site Area 'A' and eighteen (18) spaces for Site Area 'B', a reduction of thirty-four (34) twenty (20) required parking spaces; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval and note that the proposal is consistent with the Near East Area Plan (2006), which recommends revitalization of residential areas, including vacant land and structures; 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 1551 OAK STREET (43205), 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 3332.035, R-3, Residential District; 3332.18(D), Basis of computing area; 3332.19, Fronting on a public street; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.29, Height district; 3342.28, Minimum number of parking spaces required, of the Columbus City Codes is hereby granted for the property located at 1551 OAK STREET (43205), insofar as said sections prohibit a total of fifty-two (52) multi-family residential units in six buildings spanning two site areas, with an increased maximum lot coverage of eighty percent (80%), three buildings fronting parking areas instead of public streets, reduced building lines as low as two (2) feet along Oak Street and Kelton Avenue, maximum side yards of less than sixteen (16) feet, minimum side yards of zero (0) feet along Elliot Alley, no rear yards, an increased building height of forty-five (45) feet, and a parking space reduction from a total required one-hundred four (104) spaces to seventy (70) eighty-four (84) spaces, said property being more particularly described as follows:
1551 OAK STREET (43205), being 1.96± acres located at the southeast and southwest corners of Oak Street and Kelton Avenue, and being more particularly described as follows:
Site Area 'A' (SE Corner of Oak and Kelton)
Situated in the State of Ohio, County of Franklin, City of Columbus and being all of Lot 16, part of Lot 13 of THOMAS MILLER'S HEIRS, a subdivision of record in Plat Book 4, Page 72, Recorder's Office, Franklin County, Ohio and being part of a 20 feet-wide vacated alley (Ord. No. 934-63) between Lots 16 and 13 and being bounded and more particularly described as follows:
Beginning at an iron pin set at the intersection of the south right-of-way line of Oak Street (50 feet in width) and the east right-of-way line of Kelton Avenue (60 feet in width), said point being the northwest corner of said Lot 16;
Thence South 88° 57' 47" East, a distance of 428.60 feet, along the south line of said Oak Street and the north line of said Lots 16 and 13 and said vacated alley, to an iron pin found in the west line of a 20 feet-wide alley (running north and south);
Thence South 03° 11' 49" West, a distance of 153.00 feet, passing an iron pin found at a distance of 148.04, across said Lot 13 and along the west line of said 20 feet- wide alley, to a railroad spike set in the south line of said Lot 13 and the north line of a 20 feet-wide alley (running east and west);
Thence North 88° 57' 47" West, a distance of 428.69 feet, along the south line of said Lots 13 and 16 and said vacated alley and the north line of said 20 feet-wide alley, to an iron pin set in the east line of said Kelton Avenue at the southwest corner of said Lot 16;
Thence North 03° 13' 56" East, a distance of 153.00 feet, along the line common to said Kelton Avenue and Lot 16, to the Point of Beginning, containing 1.505 acres, more or less and being subject to all easements, restrictions and rights-of-way of record.
Site Area 'B' (SW Corner of Oak and Kelton)
Situated in the State of Ohio, County of Franklin, City of Columbus and being all of Lot 1, 2, 3, 4 and 5 of Elmore J. Swerer's subdivision of record in Plat Book 5, Page 28, Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
Beginning at an iron pin set at the intersection of the south right-of-way line of Oak Street (50 feet in width) and the west right-of-way line of Kelton Avenue (60 feet in width), said point being the northeast corner of said Lot 5;
Thence South 88° 57' 47" East, a distance of 149.4 feet, along the south line of said Oak Street and the north line of said Lots 1, 2, 3, 4, and 5, to an iron pin found in the west line of a said Lot 1;
Thence South 03° 11' 49" West, a distance of 153.00 feet, to an iron pin set in the south line of said Lot 1 and the north line of a 20 feet-wide alley (running east and west);
Thence North 88° 57' 47" West, a distance of 149.3 feet, along the south line of said Lots 1, 2, 3, 4, and 5 and the north line of said 20 feet-wide alley, to an iron pin set in the east line of said Kelton Avenue at the southeast corner of said Lot 5;
Thence North 03° 13' 56" East, a distance of 153.00 feet, along the line common to said Kelton Avenue and Lot 5, to the Point of Beginning, containing .4 acres, more or less and being subject to all easements, restrictions and rights-of-way of record.
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 fifty-two (52) multi-family residential units (thirty-eight (38) units for Site Area 'A' and fourteen (14) units for Site Area 'B') or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the plans titled, "DEVELOPMENT PLAN," dated September 12, 2007, and "LANDSCAPING PLAN," dated July 10, 2007, drawn by Berardi Partners, dated July 10, 2007, and signed by Jonathan C. Beard, Agent for the Applicant. The Plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the Plans are subject to review and approval 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 on the combination of the tax parcel numbers that comprise Site Area 'B' (010-006512, 010-057711, 010-005533 and 010-007633) into one tax parcel number prior to the issuance of Zoning Clearance.
SECTION 5. That this ordinance is further conditioned on 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.