Explanation
Council Variance Application: CV09-025
APPLICANT: Plaza Properties; c/o Jackson B. Reynolds III, Atty.; Smith and Hale; 37 West Broad Street; Columbus, Ohio 43215.
PROPOSED USE: Two family and Multi-family residential development.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This Council variance will allow the subject site to be subdivided for five two-family dwellings. Rezoning Z05-091 and concurrent Council variance CV05-056 allowed five two-family dwellings and two apartment houses as a condominium development but not as a subdivision. This Council variance will allow the two-family dwellings to be on seperate lots while the apartment houses remain unchanged from the previous approval. This Council variance includes two additional variances requested beyond what was approved by a previous Council variance (CV05-056). The additional variances are due to the subdivision of this parcel and the shifting of the dwellings further back on the lot. Staff finds these additional variances to be negligible and supports the applicant's proposal.
Title
To grant a Variance from the provisions of Sections 3333.04, Permitted Uses; 3333.09; Area requirements; 3333.15(c), Basis of computing area; 3333.18(F); Building lines; 3333.24, Rear yard; 3333.27(b), Vision Clearance; 3342.15, Maneuvering; 3342.18(c), Parking setback line; and 3342.28(A)(5), Minimum number of parking spaces required, of the Columbus City Code, for the property located at 116 WEST STARR AVENUE (43201), to permit a multi-family development with reduced standards in the AR-O, Apartment Residential/Office District (Council Variance # CV09-025).
Body
WHEREAS, by application No. CV09-025, the owner of property at 116 WEST STARR AVENUE (43201), is requesting a Council variance to permit five (5) two-family dwellings and two (2) apartment houses with reduced standards in the AR-O, Apartment Residential/Office District; and
WHEREAS, Section 3333.04, Permitted Uses, in an AR-O, Apartment Office District, prohibits two- family dwellings, while the applicant proposes five (5) two-family dwellings and two (2) apartment houses; and
WHEREAS, Section 3333.09, Area requirements, requires that no building shall be erected or altered on a lot with a width of no less than fifty (50) feet, while the applicant proposes to plat lots that are 47 feet wide; and
WHEREAS, Section 3333.15(c), Basis of computing area, limits lot coverage to fifty percent (50%) of the lot area, while the applicant proposes fifty-seven percent (57%) coverage; and
WHEREAS, Section 3333.18(F), Building lines, requires buildings to have building lines no less than those of adjacent buildings, while the applicant proposes a reduction to ten feet for the porch and sixteen feet for the building facade; and
WHEREAS, Section 3333.24, Rear yard, requires each apartment house to have a rear yard of no less than twenty-five percent (25%) of the lot area, while the applicant proposes rear yards of one percent (1%); and
WHEREAS, Section 3333.27(b), Vision clearance, requires a thirty (30) foot clear vision triangle at intersections, while the applicant proposes ten (10) feet at the northeast corner of the intersection of West Starr and Dennison Avenues; and
WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area, while the applicant proposes to permit maneuvering across lot lines to garage parking spaces; and
WHEREAS, Section 3342.18(c), Parking setback line, requires the parking setback line to follow the building setback line, while the applicant proposes a five (5) foot parking setback along Dennison Avenue; and
WHEREAS, Section 3342.28(A)(5), Minimum number of parking spaces required, requires two parking spaces per dwelling unit or 52 spaces, while the applicant proposes 36 spaces for 26 dwelling units; and
WHEREAS, The Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because most of the variances requested are due to the decision to subdivide the property; and
WHEREAS, said variances will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variances 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 variances will alleviate the difficulties encountered by the owners of the property located at 116 WEST STARR AVENUE (43201), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That variances from the provisions of Sections 3333.04, Permitted Uses; 3333.09, Area requirements; 3333.15(c), Basis of computing area; 3333.18(F), Building lines; 3333.24, Rear yard; 3333.27(b), Vision Clearance; 3342.15, Maneuvering; 3342.18(c), Parking setback line; and 3342.28(A)(5), Minimum number of parking spaces required; of the Columbus City Code, are hereby granted for the property located at 116 WEST STARR AVENUE (43201), insofar that said sections prohibit two-family dwellings and two eight-unit apartment houses in the AR-O, Apartment Residential/Office District; while the applicant proposes five (5) two-family dwellings on 47 foot wide lots; with 57 percent lot coverage; with a sixteen foot building line and ten foot building line for the porch; with rear yards of one percent (1%) of the lot area, with a ten (10) foot clear vision triangle at the northeast corner of the intersection of West Starr and Dennison Avenues; with parking spaces having maneuvering across property lines, with a five (5) foot parking setback along Dennison Avenue and with 36 parking spaces for 26 dwelling units; said property being more particularly described as follows:
TRACT I
0.773 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 5, Township 5, Range 22, Refugee Lands, being all of Lots 2 thru 7 of the Henry E. Bryden's Subdivision, Plat Book 2 Page 342, as described in a deed to Third Apollo Co., of record in Deed Book 3554 Page 924, being more particularly described as follows:
Beginning at a ½" rebar found at the southeast corner of said Lot 7 and the southwest corner of Lot 19 of the Jacob Laber's Subdivision, Plat Book 3 Page 82, and being on the north line of Starr Avenue (60');
Thence, westerly, with the north line of Starr Avenue and the south line of Lots 2 thru 7, North 860 50' 19" West, 239.35 feet, to the east line of Dennison Avenue (60') and the southwest corner of Lot 2, referenced by a ½" rebar found 0.53 feet west ;
Thence, northerly, with the east line of Dennison Avenue and the west line of Lot 2, North 030 16' 12" East, 140.84 feet to an iron pin set, being in the south line of a public alley (width varies);
Thence, easterly, with the south line of said alley and the north line of Lots 2 thru 7, South 860 47' 34" East, 239.12 feet to the northeast corner of Lot 7, referenced by a ½" rebar found 0.61 feet south;
Thence, southerly, with the east line of Lot 7 and the west line of said Lot 19, conveyed to Joseph M. Williams, Jr. as described in Instrument No. 200005030087395, South 030 10' 27" West, 140.65 feet to the PLACE OF BEGINNING, containing 0.773 acres, more or less.
This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on December 16, 2005.
Subject to all legal rights-of-way and/or easements, if any of previous record.
All iron pins set are 5/8" rebar, 30" in length with a yellow plastic cap with "EP FERRIS SURVEYOR 8230" inscribed on top.
Bases of Bearings: State Plane Coordinate System (NAD 83, Ohio South Zone, Adjusted 1986), being N 39° 12' 18" E, between "GRANDVIEW" and "CONNER" as published by the Franklin County Engineer.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said properties are used for two-family dwellings and/or those uses permitted in the AR-O, Apartment Residential/Office District.
SECTION 3. That this ordinance is conditioned on the site being developed in accordance with the site plan titled, "VALERIAN 104-124 STARR AVENUE," signed by Jackson B. Reynolds III, Attorney for the applicant, and dated January 7, 2010. The plan 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 shall be 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 applicant obtaining all applicable permits and Certificates 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.