Explanation
COUNCIL VARIANCE: CV03-004
APPLICANT: Gateway Area Revitalization Initiative; c/o Jeffrey L. Brown, Atty.; 37 West Broad Street; Suite 725; Columbus, Ohio 43215
PROPOSED USE: To permit ground floor dwelling units, dwelling units above ground floor dwelling units and dwelling units above certain restricted commercial uses in the CPD, Commercial Planned Development District.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow ground floor dwelling units, dwelling units above ground floor dwelling units and dwelling units above Bowling Centers, Performing Arts, Spectator Sports, and Related Industries, and Theaters, Dance Companies and Dinner Theaters in a CPD, Commercial Planned Development District that permits C-4, Commercial District uses. Dwelling units are allowed when located above uses contained in the C-1, C-2, C-3, Commercial Districts and certain specified uses in the C-4, Commercial District. This Variance was filed in conjunction with rezoning application Z03-004 requesting the CPD, Commercial Planned Development District to develop the University Gateway Center. A hardship exists in that a variance is necessary to permit a proposed collection of mixed-use residential and commercial buildings and other improvements on three blocks adjacent to the southeastern corner of The Ohio State University.
Title
To grant a Variance from the provisions of Section 3361.02, Permitted Uses; for the property located at 1552 NORTH HIGH STREET (43201), to permit ground floor dwelling units, dwelling units above ground floor dwelling units and dwelling units above certain restricted commercial uses in the CPD, Commercial Planned Development District. This application was filed as a companion Variance to rezoning applicantion Z03-004 (Council Variance CV03-004).
Body
WHEREAS, by application #CV03-004, the owner of property at 1552 NORTH HIGH STREET (43201), is requesting a Council variance to permit ground floor dwelling units, dwelling units above ground floor dwelling units and dwelling units above certain restricted commercial uses in the CPD, Commercial Planned Development District; and
WHEREAS, by companion rezoning application #Z03-004 the applicant has established certain C-4, Commercial District uses in the CPD, Commercial Planned Development District, and the applicant further desires to permit ground floor dwelling units, dwelling units above ground floor dwelling units and dwelling units above certain restricted commercial uses in the CPD, Commercial Planned Development District; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, permits dwelling units as allowed under C.C. 3356.05, while the applicant proposes to develop ground floor dwelling units, dwelling units above ground floor dwelling units and dwelling units above Bowling Centers, Performing Arts, Spectator Sports, and Related Industries, and Theaters, Dance Companies and Dinner Theaters; and
WHEREAS, Section 3356.05, C-4 District Development Limitations, permits dwelling units be located above uses contained in the C-1, C-2, C-3, Commercial Districts and those uses specified in the C-4, Commercial District , while the applicant proposes to develop ground floor dwelling units, dwelling units above ground floor dwelling units and dwelling units above Bowling Centers, Performing Arts, Spectator Sports, and Related Industries, and Theaters, Dance Companies and Dinner Theaters; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because a variance is necessary to permit ground floor dwelling units and dwelling units above ground floor dwelling units and certain restricted commercial uses; and
ground floor dwelling units and dwelling units above ground floor dwelling units in the CPD, Commercial Planned Development District; 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 1552 NORTH HIGH STREET (43201), 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 3361.02, Permitted Uses; of the Columbus City Codes is hereby granted for the property located at 1552 NORTH HIGH STREET (43201), insofar as the C-4, Commercial District uses permitted in said section by companion rezoning application #Z03-004 prohibit ground floor dwelling units, dwelling units above ground floor dwelling units and dwelling units above Bowling Centers, Performing Arts, Spectator Sports, and Related Industries, and Theaters, Dance Companies and Dinner Theaters in the CPD, Commercial Planned Development District; said property being more particularly described as follows:
SUBAREA A: ZONING DESCRIPTION OF A 1.207 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lots 1 through 19, inclusive, of College Place Addition as recorded in Plat Book 4, page 175, being all of those Parcels numbered 1 through 6, inclusive, as conveyed to the Gateway Area Revitalization Initiative of record in Instrument Number 200204290106715, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
Beginning at the intersection of the westerly right-of-way of High Street (66 feet) with the northerly right-of-way line of West Tenth Avenue (60 feet);
thence North 86º 44' 32" West, continuing with the said northerly right-of-way, a distance of 139.96 feet to a point at the intersection of said northerly right-of-way line with the easterly right-of-way line of the first alley west of High Street;
thence North 08º 15' 28" West, with said easterly right-of-way line, a distance of 383.41 feet to a point at the intersection of said easterly right-of-way line with the southerly right-of-way line of West Eleventh Avenue (60 feet);
thence South 86º 44' 32" East, with said southerly right-of-way line, a distance of 139.96 feet to a point at the intersection of said southerly right-of-way line with said
westerly right-of-way line;
thence South 08º 15' 28" East, with said westerly right-of-way line, a distance of 383.41 feet to the True Point of Beginning, containing 1.207 acres, more or less.
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
This description is for zoning purposes only and not to be used for property transfer.
To Rezone From: C-4, Commercial District.
To: CPD, Commercial Planned Development District.
SUBAREA B: ZONING DESCRIPTION OF A 1.158 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lots 2 and 3, of Henry T. Chittenden's Woodburn Addition as recorded in Plat Book 1, page 384, being all of those Parcels numbered 7 through 12, inclusive, as conveyed to the Gateway Area Revitalization Initiative of record in Instrument Number 200204290106715, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
Beginning at the intersection of the easterly right-of-way of High Street (66 feet) with the northerly right-of-way line of East Eleventh Avenue (60 feet);
thence North 08º 15' 28" West, with said easterly right-of-way, a distance of 294.54 feet to a point at the intersection of said easterly right-of-way line with the southerly right-of-way line of Chittenden Avenue (60 feet);
thence South 86º 10' 28" East, with said southerly right-of-way line, a distance of 175.12 feet to a point at the intersection of said southerly right-of-way line with the westerly right-of-way line of Pearl Street (20 feet);
thence South 08º 15' 28" East, with said westerly right-of-way line, a distance of 294.54 feet to a point at the intersection of said westerly right-of-way line with said northerly right-of-way line;
thence North 86º 10' 28" East, with said northerly right-of-way line, a distance of 175.12 feet to the True Point of Beginning, containing 1.158 acres, more or less.
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
This description is for zoning purposes only and not to be used for property transfer.
SUBAREAS C AND D: ZONING DESCRIPTION OF A 1.583 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lot 1, of Henry T. Chittenden's Woodburn Addition as recorded in Plat Book 1, page 384, Lots 1,2, and 3 of John R. Cook's Subdivision as recorded in Plat Book 3, Page 340, and Lots 1 through 8, inclusive, of Kelly, Fink, Dundon, and Bergin's Subdivision as recorded in Plat Book 4, Page 207, being all of those Parcels numbered 13 through 20, inclusive, as conveyed to the Gateway Area Revitalization Initiative of record in Instrument Number 200204290106715, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
Beginning at the intersection of the easterly right-of-way of High Street (66 feet) with the southerly right-of-way line of East Eleventh Avenue (60 feet);
thence South 86º 10' 28" East, with said southerly right-of-way line, a distance of 175.12 feet to a point at the intersection of said southerly right-of-way line with the westerly right-of-way line of Pearl Street (width varies);
thence southerly with said westerly right-of-way line, the following courses:
South 08º 15' 28" East, a distance of 229.52 feet to a point;
South 86º 46' 19" East, a distance of 2.94 feet to a point;
South 03º 15' 30" West, a distance of 185.71 feet to a point at the intersection of said westerly right-of-way line with the northerly right-of-way line of East Ninth Avenue (60 feet);
thence North 86º 46' 19" West, with said northerly right-of-way line, a distance of 139.85 feet to a point at an intersection of said northerly right-of-way line with said easterly right-of-way line;
thence North 08º 15' 28" West, with said easterly right-of-way line, a distance of 420.89 feet to the True Point of Beginning, containing 1.583 acres, more or less.
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
This description is for zoning purposes only and not to be used for property transfer.
SUBAREA E, PART 1: ZONING DESCRIPTION OF A 1.436 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lot 1, of Henry T. Chittenden's Woodburn Addition as recorded in Plat Book 1, page 384, Lots 1 through 6, inclusive, of Amos and Palmer's Subdivision as recorded in Plat Book 3, Page 50, being all of those Parcels numbered 21 through 30, inclusive, as conveyed to the Gateway Area Revitalization Initiative of record in Instrument Number 200204290106715, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
Beginning at the intersection of the easterly right-of-way of Pearl Street (20 feet) with the southerly right-of-way line of East Eleventh Avenue (60 feet);
thence South 86º 10' 28" East, with said southerly right-of-way line, a distance of 375.36 feet to a point at the intersection of said southerly right-of-way line with the westerly right-of-way of the first alley east of Pearl Street;
thence South 03º 15' 30" West, with said westerly right-of-way line, a distance of 174.93 feet to a point at the intersection of said westerly right-of-way with the northerly right-of-way line of East Tenth Avenue (width varies);
thence North 86º 10' 28" West, with said northerly right-of-way line, a distance of 339.65 feet to a point at the intersection of said northerly right-of-way line with said easterly right-of-way line;
thence North 08º 15' 28" West, with said easterly right-of-way line, a distance of 178.88 feet to the True Point of Beginning, containing 1.436 acres, more or less.
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
This description is for zoning purposes only and not to be used for property transfer.
SUBAREA E, PART 2: ZONING DESCRIPTION OF A 0.254 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lots 7 and 8 of Amos and Palmer's Subdivision as recorded in Plat Book 3, Page 50, being all of that parcel as conveyed to Campus Partners for Community Urban Redevelopment of record in Instrument Number 200301160016527, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
Beginning, for reference, at the intersection of the easterly right-of-way line of the first alley east of Pearl Street with the southerly right-of-way line of East Eleventh Avenue (60 feet);
thence South 86º 10' 28" East, with said southerly right-of-way line, a distance of 64.05 feet to a point;
thence South 03º 50' 45" West, leaving said southerly right-of-way line, a distance of 174.92 feet to a point in the northerly right-of-way line of East Tenth Avenue;
thence North 86º 10' 28" West, with said northerly right-of-way line, a distance of 62.26 feet to a point at the intersection of said northerly right-of-way line with said easterly right-of-way line;
thence North 03º 15' 30" East, with said easterly right-of-way line, a distance of 174.93 feet to the True Point of Beginning, containing 0.254 acre, more or less.
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
This description is for zoning purposes only and not to be used for property transfer.
SUBAREA E, PART 3: ZONING DESCRIPTION OF A 1.436 2.058 ACRE PARCEL, City of Columbus, Franklin County, Ohio.
Situated in the State of Ohio, County of Franklin, City of Columbus, located on Lot 1, of Henry T. Chittenden's Woodburn Addition as recorded in Plat Book 1, page 384, Lots 6 through 15, inclusive, of Josephine Walsh, Administratrix's Subdivision as recorded in Complete Record 52, Page 467, Probate Court, Franklin county, Ohio, and Lots 9, 10, 11, 17, 18 and 19, of Kelly, Fink, Dundon, and Bergin's Subdivision as recorded in Plat Book 4, page 207, being all of that Parcel 31, as conveyed to the Gateway Area Revitalization Initiative of record in Instrument Number 200204290106715, all references are to the Recorder's Office, Franklin County, Ohio, and described as follows:
Beginning at the intersection of the easterly right-of-way of Pearl Street (20 feet) with the northerly right-of-way line of East Ninth Avenue (60 feet);
thence North 03º 15' 30" East, with said easterly right-of-way line, a distance of 204.99 feet to a point at the intersection of said easterly right-of-way line with the southerly right-of-way line of East Tenth Avenue (width vries varies);
thence easterly with said southerly right-of-way line, the following courses;
South 86º 10' 28" East, a distance of 257.76 feet to a point;
North 03º 15' 30" East, a distance of 10.00 feet to a point;
South 86º 10' 28" East, a distance of 391.83 feet to a point at the intersection of said southerly right-of-way line with the westerly right-of-way line of an alley;
thence South 03º 15' 30" West, with said westerly right-of-way line, a distance of 26.61 feet to a point at the intersection of said westerly right-of-way line with the northerly right-of-way line to an alley;
thence North 86º 10' 28" West, with said northerly right-of-way line, a distance of 219.79 feet to a point;
thence South 03º 15' 30" West, leaving said northerly right-of-way line, a distance of 89.86 feet to a point;
thence North 86º 10' 28" West a distance of 53.86 feet to a point;
thence South 02º 53' 38" West, a distance of 94.60 feet to a point in the northerly right-of-way line of East Ninth Avenue (60 feet);
thence North 86º 46' 19" West, with said northerly right-of-way line, a distance of 376.52 feet to athe the true Point of Beginning, containing 20.58 2.058 acres, more or less.
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of High Street.
This description is for zoning purposes only and not to be used for property transfer.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for mixed-use C-4, Commercial District uses permitted by rezoning application #Z03-004, ground floor dwelling units, dwelling units above ground floor dwelling units and dwelling units above certain restricted commercial uses, or those uses permitted in the CPD, Commercial Planned Development District on the property.
Section 3. That this ordinance is further conditioned on 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.