Explanation
Council Variance Application: CV05-068
APPLICANT: Maronda Homes; c/o Michael T. Shannon, Atty.; 500 South Front Street; Suite 1200; Columbus, Ohio 43215.
PROPOSED USE: Townhouse development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a Council variance to allow townhouses to be developed in the L-AR-12, Limited Apartment Residential District. The applicant seeks variances to allow townhouses to be built on private streets with reduced building lines, reduced parking, and to have interior sidewalks on one side of the street only. Staff supports this proposal because the site plan/layout required by the existing L-AR-12 zoning remains unchanged by this request and because the changes are interior to the site. No recommendation is being made regarding the hardship aspect of this request.
Title
To grant a Variance from the provisions of Section 3333.41(h), (j),(m)(2) and (r) Standards, of the Columbus City Codes; for the property located at 2699 SPANGLER ROAD (43207), to permit townhouses with reduced development standards in the L-AR-12, Limited Apartment Residential District and to declare an emergency. (CV05-068)
Body
WHEREAS, by application #CV05-068, the owner of property at 2699 SPANGLER ROAD (43207), is requesting a Council Variance to permit a 120 dwelling-unit town house complex in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.41(h), Standards, requires each town house lot to have a minimum of 15 feet of frontage on a dedicated public street, while the applicant proposes a minimum fifteen feet of frontage per town house lot on private streets; 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 3333.41(j), Standards, requires each town house have a minimum building line of twenty-five (25) feet, while the applicant proposes building lines less than twenty-five (25) feet; and
WHEREAS, Section 3333.41(m)(2), Standards, requires an additional one-half (1/2) parking space per unit shall be located no farther than (200) feet from the town house to be served thereby which equates to 2.5 parking spaces per unit, while the applicant proposes to provide 2.2 spaces parking per dwelling unit ; and
WHEREAS, Section 3333.41(r), Standards, requires continuous sidewalks throughout the development, while the applicant proposes to provide sidewalks only on one side of the streets; 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 2699 SPANGLER ROAD (43207), 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 3333.41(h), 3333.41(j), 3333.41(m)(2) and 3333.41(r) AR-12, Apartment Residential District of Columbus City Codes are hereby granted for the property located at 2699 SPANGLER ROAD (43207), insofar as said sections prohibit a 120 dwelling unit townhouse complex not fronting on public streets, with building lines less than 25 feet, with only 2.2 parking spaces per unit and with sidewalks on one side of all streets, said property being more particularly described as follows:
DESCRIPTION OF 1.348 ACRE TRACT
EAST OF ALUM CREEK DRIVE
SPANGLER ROAD
SOUTH OF WATKINS ROAD
Situated in the State of Ohio, County of Franklin, City of Columbus, in the northwest quarter of Section 7, Township 11, Range 21 Mathews Survey of Congress Lands and being 1.348 acres of the land conveyed to Elizabeth Demeter in I.N. 200202260050973 (all references refer to records in the Franklin County Recorder's Office, Ohio) and more fully described as follows:
Beginning for reference at an existing Franklin County Monument No. 4470 at the centerline intersection of Spangler Road and Watkins Road;
Thence South 2°04'58" West a distance of 255.70 feet, along the centerline of said Spangler Road, to a railroad spike set being the Point of Beginning;
Thence South 2°04'58" West a distance of 49.94 feet, along the centerline of said Spangler Road, to an existing railroad spike at a northeast property corner of Bank Street Partners (ORV 32335 E05);
Thence North 87°40'35" West a distance of 528.32 feet, along a northerly property line of said Bank Street Partners, to an existing iron pin;
Thence North 2°23'48" East a distance of 222.97 feet, along an easterly property line of said Bank Street Partners, to an iron pin set, at the southwest property corner of Christine J. Davis & Jerry D. Kraft (I.N. 200203060058785);
Thence South 87°48'17" East a distance of 186.78 feet, along the southerly property line of said Davis & Kraft, to an iron pin set;
Thence South 2°23'48" West a distance of 173.57 feet to an iron pin set;
Thence South 87°41'52" East a distance of 341.27 feet to the Point of Beginning containing 1.348 acres more or less according to an actual field survey made by Hockaden and Associates, Inc. in April of 2003.
Bearings are based upon the centerline of Spangler Road south from Franklin County Monument No. 4470, an assumed bearing of South 2°04'58" West and all other bearings based upon this meridian.
DESCRIPTION OF 10.672 ACRE TRACT
EAST OF ALUM CREEK DRIVE
SPANGLER ROAD
SOUTH OF WATKINS ROAD
Situated in the State of Ohio, County of Franklin, City of Columbus, in the northwest quarter of Section 7, Township 11, Range 21 Mathews Survey of Congress Lands and being 10.672 acres of the land conveyed to Bank Street Partners in Official Record Volume 32335 E05 (all references refer to records in the Franklin County Recorder's Office, Ohio) and more fully described as follows:
Beginning for reference at an existing Franklin County Monument No. 4470 at the centerline intersection of Spangler Road and Watkins Road;
Thence South 2°04'58" West a distance of 305.64 feet, along the centerline of said Spangler Road, to an existing railroad spike being the Point of Beginning;
Thence South 2°23'32" West a distance of 169.07 feet, along the centerline of said Spangler Road, to an existing railroad spike at the northeast property corner of Nancy E. Kangas and Duncan S. Campbell (I.N. 199912010297175);
Thence North 87°41'59" West a distance of 528.12 feet, along a northerly property line of said Kangas and Campbell, to an existing iron pin;
Thence South 2°25'17" West a distance of 164.32 feet, along a westerly property line of said Kangas and Campbell, to an existing iron pin on the north line of Timbercreek Village (PB 69, Pg 4);
Thence North 87°42'57" West a distance of 587.04 feet to an existing iron pin at the northwest corner of said Timbercreek Village and easterly property line of JAL Realty Company (I.N. 199709110091847);
Thence North 2°12'41" East a distance of 323.77 feet, along an easterly property line of said JAL Realty Company, to an existing iron pin;
Thence North 2°18'39" East a distance of 314.67 feet, along an easterly property line of said JAL Realty Company, to an existing iron pin;
Thence South 87°46'36" East a distance of 588.44 feet, along a southerly property line of said JAL Realty, Artist Lee Everman (I.N. 200211190295561) and Mary Lou Leonard (I.N. 199805190122210), to an existing iron pin at the northwest property corner of
Christine J. Davis and Jerry D. Kraft (I.N. 200203060058785);
Thence South 2°23'48" West a distance of 305.47 feet, along the westerly property line of said Davis and Kraft and Elizabeth Demeter (I.N. 200202260050973), to an existing iron pin;
Thence South 87°40'35" East a distance of 528.32 feet, along a southerly property of said Demeter, to the Point of Beginning containing 10.672 acres more or less according to an actual field survey made by Hockaden and Associates, Inc. in April of 2003.
Bearings are based upon the centerline of Spangler Road south from Franklin County Monument No. 4470, an assumed bearing of South 2°04'58" West and all other bearings based upon this meridian.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 120 dwelling-unit apartment complex, or those uses permitted in the L-AR-12, Limited Apartment Residential District.
SECTION 3. That this ordinance is conditioned on the sites being developed in general accordance with the site plan titled "2699 SPANGLER ROAD TOWN HOUSE PLAN," signed by Mike Shannon and dated April 7, 2006. The site 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 site plan 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 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.