Explanation
Council Variance Application: CV06-006
APPLICANT: NRP Group, Inc.; c/o Jeffrey L. Brown, Atty., Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: A seventy-four (74) unit apartment complex with reduced parking.
NORTH CENTRAL AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will permit a seventy-four (74) unit apartment complex on 8.86 acres zoned for commercial and single-family use. A Variance is necessary in that the C-4 Commercial District allows apartments only over storerooms, and the R-2 Residential District permits only single-family dwellings on individual lots. The dwellings will be designed for elderly use at approximately 8.35 dwelling units per acre. For 74 dwelling units, 148 parking spaces are required. The applicant proposes 135 parking spaces, a reduction of only seven spaces. A hardship exists in that a tax credit program requires Council action prior to completion of a rezoning process, which will follow as a condition of this variance.
Title
To grant a Variance from the provisions of Sections 3332.033, R-2 Residential District; 3342.28, Minimum number of parking spaces required; and 3355.02, C-4 Commercial District; of Columbus City Codes; for the property located at 1891 East Hudson Street (43211), to permit a seventy-four (74) unit apartment complex with reduced parking in the C-4 Commercial and R-2 Residential Districts and to declare an emergency..
Body
WHEREAS, by application #CV06-006, the owner of property at 1891 East Hudson Street (43211) is requesting a Council Variance to permit a seventy-four (74) unit apartment complex with reduced parking in the C-4 Commercial and R-2 Residential Districts; and
WHEREAS, Section 3332.033, R-2 Residential District, provides for single dwellings on separate lots, while the applicant proposes to develop seventy-four (74) dwelling units as an apartment complex; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two parking spaces for each dwelling unit, or 148 parking spaces, while the applicant proposes to provide 135 parking spaces; 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 3355.02, C-4, Commercial District, provides for residential uses when located above commercial storerooms, while the applicant proposes to develop a seventy-four (74) unit apartment complex; and
WHEREAS, the North Central Area Commission recommends approval; and
WHEREAS, City Departments recommend 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 1891 East Hudson Street (43211), 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 Section 3332.033, R-2, Residential District; Section 3342.28, Minimum number of parking spaces required; Section 3355.02, C-4, Commercial District of Columbus City Codes are hereby granted for the property located at 1891 East Hudson Street (43211), insofar as said sections prohibit seventy-four (74) dwelling units as an apartment complex with off-street parking reduced from 148 to 135, said property being more particularly described as follows:
Situated in the County of Franklin, State of Ohio, City of Columbus commencing at the intersection of the centerline of Hudson St. with the centerline of Parkwood Ave.;
Thence running South 02 degrees 25' 47" West along the centerline of Parkwood Ave. for 220.10 feet to the place of beginning;
Thence continuing South 02 degrees 25' 47" West along said centerline for 95.90 feet;
Thence North 87 degrees 07' 44" West passing a 5/8" rebar set at 30.00 feet, for a total distance of 102.00 feet to a 5/8" rebar set;
Thence South 02 degrees 25' 47" West for 99.00 feet to a 5/8" rebar set;
Thence South 87 degrees 07' 44" East passing a 5/8" rebar set at 72.00 feet for a total distance of 102.00 feet to the centerline of Parkwood Ave.;
Thence South 02 degrees 25' 47" West along said centerline for 145.50 feet to an existing rail road spike;
Thence North 87 degrees 07' 44" West passing an existing iron pipe at 30.46 feet for a total distance of 777.46 feet to an existing iron bar;
Thence North 02 degrees 35' 16" East for 200.48 feet to an existing iron pipe;
Thence North 02 degrees 45' 01" East passing an existing iron pipe at 323.53 feet for a total distance of 353.53 feet to the centerline of Hudson Street;
Thence South 87 degrees 36' 27" East along said centerline for 608.45 feet;
Thence South 03 degrees 05' 14" West passing an existing iron pipe at 30.75 feet for a total distance of 221.25 feet to a 5/8" rebar set;
Thence South 87 degrees 59' 31" East passing an existing iron bar at 139.00 feet for a total distance of 169.00 feet to the place of beginning;
Containing a calculated area of 8.85 acres of land according to a survey by Steven H. Riedel, Ohio Registered Surveyor 7016, August 10, 1991.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a seventy-four (74) unit apartment complex or those uses permitted in the C-4 Commercial District and R-2 Residential District.
SECTION 3. That this ordinance is further conditioned on applicant's filing, within nine (9) months of this ordinance's effective date, a complete rezoning application to establish an appropriate zoning district for the proposed use.
SECTION 4. That this ordinance is further conditioned on the subject property owner granting an vehicular access easement to the property owner of the adjacent tax parcel (tax number 010-098539) so that that tax parcel may have access to Hudson Street. This access easement shall remain in place so long as tax parcel 010-098539 is used for elderly housing.
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.