Explanation
Council Variance Application: CV03-026
APPLICANT: Waggoner Woods Limited Partnership; c/o J. Jeffrey McNealey, Atty.; 41 South High
Street; Columbus, Ohio 43215.
PROPOSED USE: Rental office.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow an apartment complex rental office to also function as a rental office for an adjacent single-family subdivision and retirement community. A Council variance is required because the L-AR-12, Limited Apartment Residential District allows a rental office only for those residential units that are within the same complex. A hardship exists in that the applicant needs a single rental office to serve the three different residential developments to decrease costs and allow more affordable housing within the developments.
Title
To grant a Variance from the provisions of Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, for the property located at 751 CHESTNUT GROVE DRIVE (43004), to permit an apartment complex rental office to also function as a rental office for an adjacent single-family subdivision and retirement community, in the L-AR-12, Limited Apartment Residential District and to declare an emergency. (Council Variance # CV03-026)
Body
WHEREAS, by application No. CV03-026, the owner of property at 751 CHESTNUT GROVE DRIVE (43004), is requesting a Council variance to permit an apartment complex rental office to also function for an adjacent single-family subdivision and retirement community under the same management in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, allows an on-premise rental office to function for an apartment complex, while the applicant proposes to use the rental office to also function for adjacent off-premise residential developments under the same management; and
WHEREAS, City Departments recommend approval and note a hardship exists because the apartment complex rental office will also function for an adjacent single-family subdivision and retirement community, and the applicant needs a single rental office to function for the three different residential developments to decrease costs and allow more affordable housing within the developments; 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 751 CHESTNUT GROVE DRIVE (43004), in using said property as desired and; now, therefore:
SECTION 1. Variance from the provisions of Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, is hereby granted for the property located at 751 CHESTNUT GROVE DRIVE (43004), in that said section prohibits an apartment complex rental office to function for an adjacent single-family subdivision and retirement community in the L-AR-12, Limited Apartment Residential District, and the applicant needs to use a single rental office to function for the three different residential developments to decrease costs and allow more affordable housing within the developments; said property being more particularly described as follows:
751 CHESTNUT GROVE DRIVE (43004), being 10.54± acres located on the east and west sides of Chestnut Grove Drive, at the terminus of Waggoner Grove Boulevard, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Lot 18, Quarter Township 4, Township 1, Range 16, United States Military Lands, being part of that 10.540 acres tract of land conveyed to Waggoner Woods Limited Partnership by deed of record in Instrument Number 200103220058308, and all of that tract of land conveyed to Waggoner Woods Limited Partnership by deed of record in Instrument Number 200206130147246, (all references being to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument Number 7760, located at the centerline intersection of Waggoner Road with Wengert Road;
thence North 86° 14' 11" West, with the centerline of said Wengert Road, a distance of 1360.93 feet to a point;
thence South 03° 30' 47" West, leaving said centerline, a distance of 589.71 feet to an iron pin set in a westerly line of that 11.373 acres tract conveyed to Waggoner Woods Limited Partnership by deed of record in Instrument Number 200103220058308, the True Point of Beginning for this description;
thence with the boundary of said 11.373 acres tract, the following courses and distances:
South 03° 30' 47" West, a distance of 70.00 feet to an iron pin set;
North 86° 29' 13" West, a distance of 125.00 feet to an iron pin set; and
South 03° 30' 47" West, a distance of 429.41 feet to an iron pin set in the northerly right-of-way line of the Conrail Railroad;
thence with said northerly right-of-way line the following courses and distances:
North 88° 21' 19" West, a distance of 530.00 feet to an iron pin set at a point of curvature to the left; and
With the arc of said curve, (Delta = 01B 50' 36", Radius = 5670.00 feet), a chord bearing and distance of South 89° 01' 45" West, 182.41 feet to an iron pin set at a southeasterly corner of that tract conveyed to Marilynn Y. Kelling by deed of record in Official Record 24202C01;
thence North 03° 30' 47" East, with the easterly line of said Kelling tract, passing an iron pin found at 679.92 feet, a total distance of 932.85 feet to an iron pin set at a southwesterly corner of that tract conveyed to Waggoner Senior Housing Limited Partnership by deeds of record in Instrument Numbers 200111280275840 and 200206130147245;
thence with the boundary of said Waggoner Senior Housing Limited Partnership tract, the following courses and distances:
South 41° 11' 32" East, a distance of 158.03 feet to an iron pin set;
North 48° 45' 26" East, a distance of 139.06 feet to an iron pin set;
North 86° 34' 50" East, a distance of 61.62 feet to an iron pin set;
South 80° 20' 50" East, a distance of 56.43 feet to an iron pin set;
South 01° 50' 31" West, a distance of 15.99 feet to an iron pin set;
South 41° 28' 28" West, a distance of 219.08 feet to an iron pin set;
South 04° 29' 13" East, a distance of 238.66 feet to an iron pin set;
South 89° 29' 13" East, a distance of 171.87 feet to an iron pin set;
North 43° 30' 47" East, a distance of 116.04 feet to an iron pin set;
South 88° 29' 13" East, a distance of 120.64 feet to an iron pin set;
with the arc of a curve to the left (Delta = 3° 02' 18", Radius = 1163.43 feet) a chord bearing and distance of South 05° 16' 59" West, 61.69 feet to an iron pin set; and
South 85° 29' 13" East, a distance of 245.60 feet to the True Point of Beginning, containing 10.540 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings for this description are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of monument numbers 7760 and 7776, having a bearing of South 86° 14' 11" East, between said monuments, established by the Franklin County Engineering Department.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an apartment complex rental office that also functions for an adjacent single-family subdivision and retirement community, and/or those uses permitted in the L-AR-12, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned upon the three residential developments that the rental office functions for remain under the same management.
SECTION 4. That this ordinance is further conditioned upon 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.