Explanation
Council Variance Application: CV16-064
APPLICANT: Malcolm Cochran; 918 Mount Pleasant Avenue; Columbus, OH 43201.
PROPOSED USE: Two apartment units within a mixed use manufacturing/commercial building.
MILO-GROGAN AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested Council variance will permit the majority of a structure in the M, Manufacturing District to be converted into a residence and artist studio for the primary occupant. Two other portions within the structure will be utilized for an additional residence and an office area for potential tenants. The site is subject to the Milo-Grogan Urban Commercial Overlay and is within the planning area of the Milo-Grogan Neighborhood Plan (2007), which recommends light industrial uses for this location. The nature of the request as a live/work mix of uses that includes the fabrication of art on site is generally consistent with a light industrial recommendation. In addition, the City of Columbus Zoning Code contains no district allowing a mixture of residential and commercial uses on the ground floor, making a Council variance the only venue the applicant has to pursue such a project.
Title
To grant a Variance from the provisions of Section 3363.01, M-manufacturing district, of the Columbus City codes; for the property located at 420 EAST FIFTH AVENUE (43201), to permit two apartment units within a mixed use manufacturing/commercial building in the M, Manufacturing District (Council Variance #CV16-064).
Body
WHEREAS, by application No. CV16-064, the owner of property at 420 EAST FIFTH AVENUE (43201), is requesting a Council Variance to permit apartment units in conjunction with an art studio and office in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M-manufacturing district, prohibits apartment uses, while the applicant proposes two apartment units within a mixed use manufacturing/commercial building; and
WHEREAS, the Milo-Grogan Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested variance because the nature of the request as a live/work mix of uses that includes the fabrication of art on site is generally consistent with a light industrial recommendation of the Milo-Grogan Neighborhood Plan. In addition, the City of Columbus Zoning Code contains no district allowing a mixture of residential and commercial uses on the ground floor, making this variance the only venue the applicant has to pursue such a project; 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, this parcel is located at the northwest corner of East Fifth Avenue and Penny Street. It is bounded on the north by English Way and on the west by railroad property. Plans show that a section at the northwest corner of the otherwise regular proportions of the site is railroad property. Current occupants traverse the railroad property to access parking and entrances at the southwest corner of the property as there is no alternate route. Applicant has determined that there is no record of a formal agreement with the railroad to permit this use, although historical site plans indicate that this condition is longstanding. Applicant may pursue such a formal agreement if the need arises.
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 420 EAST FIFTH AVENUE (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 3363.01, M-manufacturing district, of the Columbus City Codes, is hereby granted for the property located at 420 EAST FIFTH AVENUE (43201), insofar as said section prohibits apartment uses within a mixed use manufacturing/commercial building in the M, Manufacturing District, said property being more particularly described as follows:
420 EAST FIFTH AVENUE (43201), being 0.44± acres located at the northwest corner of East Fifth Avenue and Penny Street, and being more particularly described as follows:
Situated in the City of Columbus, State of Ohio, and County of Franklin:
Tract One:
Situated in the County of Franklin, State of Ohio and in the City of Columbus:
Being Lots Numbers One (1), Two (2), Three (3), and Four (4), and Five (5) of Mary J. Callaghan’s Amend Subdivision of Lots 125 and part of Lots 126 and 127 of Samuel Doyle’s Addition, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 334, Recorder’s Office, Franklin County, Ohio, together with that part of the alleys vacated by the City of Columbus by ordinance No. 279-44, passed September 11, 1944, ownership of which accreted to the owners of the above described lots by virtue of such vacation.
Tract Two:
Situated in the State of Ohio, County of Franklin and City of Columbus, and being more particularly bounded and described according to a plan of survey made by The Jennings-Lawrence Company, Civil Engineers and Surveyors, as follows:
Beginning at a point marked by a drill hole in the north line of East Fifth Avenue, said point being the southwest corner of Lot No. 3 of Mary j. Callaghan’s Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 334, Recorder’s Office, Franklin County, Ohio;
Thence from said point of beginning, N. 87 deg. 30’ W., and with the north line of East fifth Avenue, 37.10 feet to a drill hole; the following two courses and distances being by remaining land of The Connecting Railway Company; thence N. 3 deg. 29’ W. 117.65 feet to an iron pin; thence N. 86 deg. 19’ E. 36.48 feet to an iron pin in the west line of said Mary J. Callaghan’s Subdivision, passing an iron pin on line at 12.25 feet, said west line of Subdivision being coincident with the west line of a vacated alley at this location; thence S. 3 deg. 41’ E., with the west line of said Subdivision, and with the west line of said vacated alley and the west line of said Lot No. 3 in Mary J. Callaghan’s Subdivision, 121/70 feet to the place of beginning, containing 4,392 square feet, more or less, together with that part of the alleys vacated by the City of Columbus by Ordinance No. 279-44, passed September 11, 1944, ownership of which accreted to the owner of said parcel of land by virtue of such vacation.
EXCEPTING THEREFROM THE FOLLOWING:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 4, Township 1, Range 18, United States Military lands, being part of Lot 126 of Lot 127, Samuel Doyles Subdivision, Plat Book 1, page 3, being also part of Lots 1, 2, and 3 of Mary j. Callaghan’s Subdivision, Plat Book 5, page 334 and being also part of a 0.483 (calc.) acre tract of land conveyed to Robert a. Kelly by deed of Record OR 26337-A13 of the Recorder’s Office, Franklin County, Ohio and being more particularly described as follows:
Commencing at the centerline intersection of Penny Street and E. Fifth Avenue, said point being at station 86+50.63;
Thence N 86 deg. 28’ 07” W along the centerline of Fifth Avenue a distance of 152.63 feet to a point, said point being located at station 84+98.00;
Thence N 3 deg. 31’ 53” E a distance of 24.83 feet to an iron pin set at the grantor’s southwest corner, said iron pin being in the east line of a tract of land deeded to Pennsylvania Lines LLC, by deed of record in Inst. #200212180325195 and at the southwest corner of said lot 127, said iron pin being also 24.83 feet left of station 84+98.00, and being also the TRUE POINT OF BEGINNING;
Thence N 2 deg. 12’ 39” W along the west line of said lot 127, the grantor’s west line and the east line of said Pennsylvania Lines LLC tract a distance of 8.21 feet to an iron pin set, said iron pin being 33.00 feet left of station 84+97.18;
Thence S 86 deg. 28’ 07” E across said lots 127 and 126, across said lots 1, 2 and 3 and across the grantor’s tract a distance of 128.36 feet to an iron pin set in the westerly right-of-way line of Penny Street, the easterly line of said lot 3 and the grantor’s easterly line, and said iron pin being 33.00 feet left of station 86+25.54;
Thence S 3 deg. 29’ 12” W along the westerly right-of-way line of Penny Street, the grantor’s easterly line and the easterly line of said lot 3 a distance of 2.72 feet to an iron pin set at the grantor’s southeast corner, the southwest corner of said lot 3 and at the northeasterly corner of lot 125, Samuel Doyles Subdivision, said iron pin being 30.28 feet left of station 86+25.54’
Thence N 86 deg. 40’ 19” W along the existing northerly right of way line of Fifth Avenue, and along the southerly line of said lots 1, 2 and 3 of Mary j. Callahan’s Subdivision, said line being the grantor’s southerly line, a distance of 91.00 feet to an iron pin set in the west line of said lot 126, the east line of said lot 127, said iron pin being also 29.96 feet left of station 85+34.54;
Thence S 2 deg. 11’ 06” E along the east line of said lot 126 and the west line of said lot 127, a distance of 5.02 feet to an iron pin set in the southwest corner of said lot 126, at the southeast corner of said lot 127 and in the grantor’s south line, said iron pin being 24.96 feet left of station 85+35.04;
Thence N 86 deg. 40’ 19” W along the existing right-of-way line of e. Fifth Avenue, the grantor’s south line and the south line of said lot 127 a distance of 37.04 feet to THE TRUE POINT OF BEGINNING;
The above described area is contained within the Franklin County Auditor’s Parcel Number 010-020097. Within said boundary is 0.013 acres, more or less, with 0.004 acres in the present road occupied, for a net take of 0.009 acres.
This description and survey was prepared and reviewed on December 3, 2010 by Robert A. Hock, Registered Surveyor #5674.
All iron pins set are 5/8” rebar (30” long) with yellow plastic cap stamped “R/W DYNOTEC, INC” and are to be placed at the completion of construction by the City of Columbus Survey Department.
The centerline described in this document refers to the centerline of construction as shown on the City of Columbus roadway plan ”Fifth Avenue Streetscape Improvements (2369 Dr. E)”.
The basis of bearings in this description area based on the State Plane Coordinate system, Ohio South Zone, NAD83 (1986 adjustment), which were determined by GPS observations conducted by the Franklin County Engineer’s Office occupying Franklin County Geodetic Survey Monuments FCGS FRANK 62 and FCGS FRANK 162, and holding the Fifth Avenue centerline of construction bearing from Grant Avenue to Corrugated Way as S 86 deg. 28’ 07” E.
Parcel No.: 010-020097
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a two apartment units within a mixed use manufacturing/commercial building in the M, Manufacturing District with a total residential square footage not to exceed 4,750 square feet.
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.