Explanation
Council Variance Application # CV09-004
APPLICANT: Lurie Family LP; c/o David L. Hodge, Atty.; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: Two-family dwellings and a reduced perimeter yard within a multi-family residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and Development Commission for a concurrent rezoning (Z09-006) to the L-AR-12, Limited Apartment Residential District for the development of thirty-six (36) multi-family residential units. The applicant is requesting a variance to allow up to six (6) two-family dwellings within the multi-family residential development, and to reduce the required perimeter yard of the subject property from twenty-five (25) feet to zero (0) feet along the east property line. Two-family dwellings are not permitted in the AR-12 District, but the mixture of unit sizes within the development does not pose any adverse affects. The proposed perimeter yard variance is supported because this development will serve as an extension of the existing multi-family residential development located to the east.
Title
To grant a variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; and 3333.255, Perimeter yard, of the City codes, for the property located at 5923 CHESTNUT HILL DRIVE (43230), to permit two-family dwellings within a multi-family residential development with a reduced perimeter yard in the L-AR-12, Limited Apartment Residential District (Council Variance # CV09-004).
Body
WHEREAS, by application No. CV09-004, the owner of property at 5923 CHESTNUT HILL DRIVE (43230) is requesting a Council Variance to permit two-family dwellings within a multi-family residential development with a reduced perimeter yard in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, does not permit two-unit dwellings, while the applicant proposes up to six (6) two-family dwellings in a multi-family 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 multiple dwelling development, while the applicant proposes a zero (0) foot perimeter yard along the east property line; and
WHEREAS, the City Departments recommend approval because the mixture of unit sizes within the development does not pose any adverse affects, and the proposed perimeter yard variance is supported because this development will serve as an extension of the existing multi-family residential development located to the east; 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 5923 CHESTNUT HILL DRIVE (43230), 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 3333.02, AR-12, ARLD and AR-1 apartment residential district use; and 3333.255, Perimeter yard, are hereby granted for the property located at 5923 CHESTNUT HILL DRIVE (43230), insofar as said sections prohibit up to six (6) two-family dwellings within a multi-family residential development with a reduced perimeter yard from twenty-five (25) feet to zero (0) feet along the east property line in the L-AR-12, Limited Apartment Residential District, said property being more particularly described as follows:
5923 CHESTNUT HILL DRIVE (43230), being 3.3± acres located on the south side of Chestnut Hill Drive, 400± feet east of North Hamilton Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 3, Township 2, Range 16, United States Military Lands, being part of that original 5.999 acre tract conveyed to Lurie Family Limited Partnership by deed of record in Instrument Number 200103300065530 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and describe as follows:
Beginning, for reference, at the centerline intersection of Hamilton Road with Chestnut Hill Drive of record in Plat Book 75, Page 71;
thence South 86° 41' 48" East, with the centerline of said Chestnut Hill Drive, a distance of 513.08 feet to a point;
thence South 03° 18' 12" West, across the right-of-way of said Chestnut Hill Drive, a distance of 30.00 feet to a point on the southerly right-of-way line of said Chestnut Hill Drive, being the TRUE POINT OF BEGINNING;
thence with said southerly right-of-way line, the following courses and distances:
South 86° 41' 48" East, a distance of 61.93 feet to a point of curvature to the left;
with the arc of said curve, having a central angle of 28° 20' 50", a radius of 780.00 feet, an arc length of 385.91 feet, a chord bearing and distance of North 79° 07' 47" East, 381.98 feet to a common corner of said 5.999 acre tract and that 3.875 acre tract conveyed to Ridge At Chestnut Hill, LTD. by deed of record in Instrument Number 199802110031377;
thence South 03° 25' 13" West, with the line common to said 5.999 and 3.875 acre tracts, a distance of 424.28 feet to a common corner of said 5.999 and 3.875 acre tracts being in the northerly line of the 10.053 acre tract conveyed to Highland Properties, Inc. by deed of record in Instrument Number 200612120246262;
thence North 86° 48' 23" West, with the line common to said 5.999 and 10.053 acre tracts, a distance of 371.50 feet to a point;
thence across said 5.999 acre tract, the following courses and distances:
North 03° 11' 37" East, a distance of 78.00 feet to a point;
North 18° 35' 12" West, a distance of 160.31 feet to a point;
North 03° 18' 12" East, a distance of 104.70 feet to the TRUE POINT OF BEGINNING and containing 3.33 acres of land, more or less.
This zoning description is for zoning purposes only and should not be used for transfer.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a multi-family residential development containing up to six (6) two-family 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 a Certificate 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.