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File #: 1608-2006    Version: 1
Type: Ordinance Status: Passed
File created: 9/12/2006 In control: Zoning Committee
On agenda: 11/6/2006 Final action: 11/9/2006
Title: To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District; 3332.26, Minimum side yard permitted; 3342.18, Parking setback line; 3342.28, Minimum number of parking spaces required; 3372.521, Supplemental parking requirements; and 3372.541, Landscaped area and treatment, for the property located at 1421 HAMLET STREET (43201), to conform and expand an existing youth temporary shelter, youth and family counseling, and youth outreach agency with reduced development standards in the R-4, Residential District. (Council Variance # CV05-073)
Attachments: 1. ORD 1608-2006 Attachments.pdf, 2. ORD 1608-2006 Mailing Labels.pdf, 3. ORD 1608-2006 Data Form.pdf
Explanation
 
Council Variance Application:  CV05-073
 
APPLICANT:  Huckleberry House Inc.; c/o Craig W. Murdick, Architect; 1441 Kingsgate Road; Columbus, Ohio 43221.
 
PROPOSED USE:  To conform and expand an existing youth temporary shelter, crisis intervention, youth and family counseling, and youth outreach agency.
 
UNIVERISTY AREA COMMISSION RECOMMENDATION:  Approval.
                                                                                 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.   The proposed variance would conform and allow for expansion of the existing uses.  The site is developed with two single-family dwellings, one converted into an office and shelter, the second vacant, and a carriage house.  The main residence and carriage house (north building) are currently used for youth related social services, including counseling, crisis intervention, outreach, and as a temporary shelter for teens. The applicant is proposing a 2,360 square foot addition to the carriage house and additional on-site parking.  The second single-family dwelling is proposed to be razed to provide additional space.  One goal of the addition to the carriage house is to separate the counseling programs in the enlarged carriage house from the temporary shelter in the main building.  The proposed addition and landscaping are designed to blend with the character of the neighborhood.  Approval of this request will not introduce a new or incompatible use to this area.
 
 
Title
 
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District; 3332.26, Minimum side yard permitted; 3342.18, Parking setback line; 3342.28, Minimum number of parking spaces required; 3372.521, Supplemental parking requirements; and 3372.541, Landscaped area and treatment,  for the property located at 1421 HAMLET STREET (43201), to conform and expand an existing youth temporary shelter, youth and family counseling, and youth outreach agency with reduced development standards in the R-4, Residential District.  (Council Variance  # CV05-073)
 
Body
 
WHEREAS, by application No. CV05-073, the owner of property at  1421 HAMLET STREET (43201),   is requesting a Council Variance to conform and expand an existing youth temporary shelter, youth and family counseling, and youth outreach agency in the R-4, Residential District; and
 
WHEREAS, Section 3332.039, R-4, Residential district, prohibits social service uses, while the applicant proposes to maintain and expand the existing youth temporary shelter, youth and family counseling, and youth outreach agency; and  
 
WHEREAS, Section 3332.26, Minimum side yard permitted, requires that the minimum side yard shall be the least dimension between any part of the building or structure and the side lot line, a minimum of five (5) feet in the R-4 district, while the applicant proposes to maintain the existing dumpster and parking spaces located in the side yard west of the main building, providing a zero (0) foot side yard; and  
 
WHEREAS, Section 3342.18, Parking setback line, requires a parking setback of 25 feet from Hamlet Street, while the applicant proposes a parking setback of 15 feet from Hamlet Street; and
 
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires a total of 32 parking spaces for the proposed uses, while the applicant proposes to provide a total of 20 parking spaces; and  
 
WHEREAS, Section 3372.521, Supplemental parking requirements, prohibits parking in any required side yard, required landscaped area or between any building and any public street, while the applicant proposes to provide parking and maneuvering in the side yard, between the building and public street, and in the required landscaped area of the existing main building, and between the north building and Hamlet Street and Eighth Avenue; and  
 
WHEREAS, Section 3372.541, Landscaped area and treatment, requires at least ten (10) percent of the lot area behind the most rear portion of the buildings to be planted and maintained with grass and/or other live vegetation, while the applicant proposes to provide no live vegetation behind the north building and 8.2% of the lot area in vegetation behind the main building; and  
 
WHEREAS, the University Area Commission recommends approval; and
 
WHEREAS, City Departments recommend approval because approval of this request will not introduce a new or incompatible use to this area. The site is developed with two single-family dwellings, one converted into an office and shelter, the second vacant, and a carriage house.  The main residence and carriage house (north building) are currently used for youth related social services, including counseling, crisis intervention, outreach, and as a temporary shelter for teens. The applicant is proposing a 2,360 square foot addition to the carriage house and additional on-site parking.  The second single-family dwelling is proposed to be razed to provide additional space.  One goal of the addition to the carriage house is to separate the counseling programs in the enlarged carriage house from the temporary shelter in the main building.  The proposed addition and landscaping are designed to blend with the character of the neighborhood; 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 1421 HAMLET 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  Sections 3332.039, R-4, Residential District; 3332.26, Minimum side yard permitted; 3342.18, Parking setback line; 3342.28, Minimum number of parking spaces required; 3372.521, Supplemental parking requirements; and 3372.541, Landscaped area and treatment, of the City of Columbus codes, for the property located at 1421 HAMLET STREET (43201), insofar as said sections prohibit a youth temporary shelter, youth and family counseling, and youth outreach agency with side yard obstructions; a parking setback along Hamlet Street of 15 feet; a total of 20 parking spaces; parking and maneuvering in the side yard, between the building and public street, in the required landscaped area of the existing main building and between the northern building and public street; and no live vegetation behind the north building and 8.2% of the lot area in live vegetation behind the main building, said property being more particularly described as follows:
 
1421 HAMLET STREET (43201), being 0.58± acres located at the northwest corner of Eighth Avenue and Hamlet Street, and being more particularly described as follows:
 
HUCKLEBERRY HOUSE
LEGAL DESCRIPTION
 
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, BEING ALL OF LOTS 7-10 AS NUMBERED AND DELINEATED UPON THE ORIGINAL PLAT OF TERRACE ADDITION THEREOF OF RECORD IN PLAT BOOK 4, PAGE 155, ALO LOTS 6-7 AS NUMBERED AND DELINEATED UPON THE ORIGINAL PLAT OF STYLE'S SUBDIVISION THEREOF OF RECORD IN PLAT BOOK 17, PAGE 338, ALL REFERENCES ARE TO THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 
BEGINNING AT A CAPPED ¾" I.D. IRON PIPE FOUND AT HE NORTHWESTERLY CORNER OF HAMLET STREET (50' R/W) AND 8TH STREET (50' R/W) AND BEING THE TRUE PLACE OF BEGINNING FOR THIS PARTICULAR DESCRIPTION;
 
THENCE N 86°32'13" W, A DISTANCE OF 124.00 FEET ALONG THE NORTHERLY LINE OF SAID 8TH STREET TO A RAILROAD SPIKE SET IN THE EASTERLY LINE OF AN ALLEY (16' R/W) REFERENCED BY A MAG NAIL FOUND BEARING N 35°20'40" W, A DISTANCE OF 0.65 FEET;
 
THENCE N 03°22'57" E, A DISTANCE OF 204.00 FEET ALONG THE EASTERLY LINE OF SAID ALLEY PASSING A CAPPED ¾" I.D. IRON PIPE FOUND AT 169.98 FEET AND 0.27 FEET LEFT TO A CAPPED IRON PIPE SET AT THE SOUTHWESTERLY CORNER OF LOT 6 OF SAID STYLE'S SUBDIVISION CONVEYED TO BRYAN K. BERGER BY DEED OF RECORD IN INSTR. 20040404020072931;
 
THENCE S 86°32'13" E, A DISTANCE OF 124.00 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 6 TO A CAPPED IRON PIPE SET IN THE WESTERLY LINE OF SAID HAMLET STREET;
 
THENCE S 03°22'57" W, A DISTANCE OF 204.00 FEET PASSING A ¾" IRON PIPE FOUND AT 34.50 FEET ALONG THE WESTERLY LINE OF SAID HAMLET STREET TO THE TRUE PLACE OF BEGINNING CONTAINING 25300.902 SQ. FT (0.581 ACRES) MORE OR LESS, SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, LEASES AND RESTRICTIONS OF RECORD AND OF RECORDS IN THE RESPECTIVE UTILITY OFFICES.
 
IRON PIPES SET ARE YELLOW CAPPED ¾" I.D. IRON PIPES 30" LONG STAMPED "RAAB, P.S. 7863".
 
THE BASIS OF BEARINGS IS ASSUMED DUE TO THE ABSENCE OF BEARINGS ON THE ORIGINAL PLAT.
 
I HEREBY CERTIFY THIS LEGAL DESCRIPTION WAS PREPARED BY USING FIELD MEASUREMENTS OBTAINED BY AN ACTUAL FIELD SURVEY CONDUCTED BY RAAB SURVEYING, LLC. IN AUGUST 2005.
 
SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a social service organization that provides a youth temporary shelter, youth counseling, youth outreach, and a family counseling agency, or those uses permitted in the R-4, Residential District.
 
SECTION 3.  That this ordinance is further conditioned the site being developed in general conformance with the plan titled, "SITE PLAN", and elevations titled "PROPOSED IMPROVEMENTS," both signed by Craig Murdick, architect, and dated September 5, 2006.  Any minor revision is subject to review and approval by the Development Director or his/her designee, upon submission of the appropriate data regarding the proposed adjustment .
 
SECTION 4.  That this ordinance is further conditioned on 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.