Explanation
Council Variance Application: CV09-001
APPLICANT: Marigold Hill LLC; c/o Thomas F. Kibbey, Atty.; 2000 Huntington Center, 41 South High Street; Columbus, Ohio 43215.
PROPOSED USE: Parking lot with dumpster area and five-unit apartment building.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a vacant apartment building and an occupied non-conforming five-unit apartment building in the R-4, Residential District. The applicant requests a Council variance to permit a lot split which will create parcels for a six-space parking lot with dumpster area on the site of a vacant apartment building to be demolished ("Parcel A"), and to conform the occupied apartment building ("Parcel B"). Variances for R-4 yard and area standards, parking lot screening, and a parking space reduction are included in the request. The site is within the planning area of the University Neighborhoods Revitalization Plan (1996), which recommends low intensity residential development for this location. Approval of this request will not add a new or incompatible use to the area and will decrease density and provide much needed off-street parking spaces.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential district; 3332.15, R-4 area district requirements; 3332.19, Fronting on a public street; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3342.17, Parking lot screening; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes; for the property located at 90 EAST FIFTH AVENUE (43201), to allow a parking lot with dumpster area as a primary use with no frontage on a public street ("Parcel A"), and to conform a five-unit apartment building with reduced development standards ("Parcel B") in the R-4, Residential District (Council Variance # CV09-001).
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WHEREAS, by application #CV09-001, the owner of property at 90 EAST FIFTH AVENUE (43201), is requesting a Variance to allow a parking lot with dumpster area as a primary use with no frontage on a public street ("Parcel A"), and to conform a five-unit apartment building with reduced development standards ("Parcel B") in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential district, permits a maximum of four dwelling units in one building, while the applicant proposes a six-space parking lot with dumpster area as a primary use on newly created "Parcel A" and to conform and maintain an existing five-unit apartment building on newly created "Parcel B" with reduced development standards; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires that a dwelling containing three (3) or four (4) dwelling units shall be situated on a lot with an area which equals or exceeds twenty-five hundred (2,500) square feet per dwelling unit, while the applicant proposes to maintain an existing five-unit apartment building on a 7,260± square-foot lot for "Parcel B"; and
WHEREAS, Section 3332.19, Fronting on a public street, requires a dwelling unit to have frontage on a public street, while the applicant proposes to create a lot ("Parcel A") for a parking lot with no frontage on a public street; and
WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard to equal or exceed 20% of the seventy-two (72±) foot wide lot, or 14.4± feet, while the applicant proposes to maintain a maximum side yard of zero (0) feet for the existing building on "Parcel B"; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes to maintain minimum side yards of zero (0) feet for the existing building on "Parcel B"; and
WHEREAS, Section 3342.17, Parking lot screening, requires five foot high, 75% opaque screening for parking lots located within eighty feet of residentially zoned property, while the applicant proposes a six-space parking lot with no screening ("Parcel A"); and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, or ten (10) spaces, while the applicant proposes one (1) parking space on "Parcel B" with a condition that the six (6) parking spaces provided on "Parcel A" are to only be used by the residents of this five-unit apartment building; and
WHEREAS, this variance will permit a parking lot with dumpster area as a primary use with no frontage on a public street ("Parcel A"), and conform a five-unit apartment building with reduced development standards ("Parcel B") in the R-4, Residential District; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will not add a new or incompatible use to the area, will decrease density, and provide much needed off-street parking spaces. The request will permit a lot split which will create parcels for a six-space parking lot with dumpster area on the site of a vacant apartment building to be demolished ("Parcel A"), and will conform an occupied apartment building ("Parcel B"). Variances for R-4 yard and area standards, parking lot screening, and a parking space reduction are included in the request. The site is within the planning area of the University Neighborhoods Revitalization Plan (1996), which recommends low intensity residential development for this location; 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 90 EAST FIFTH AVENUE (43201), in using said property as desired and; now, therefore:
SECTION 1. That a variance is granted from the provisions of Sections 3332.039, R-4, Residential District; 3332.15, R-4 area district requirements; 3332.19, Fronting on a public street; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3342.17, Parking lot screening; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes; for the property located at 90 EAST FIFTH AVENUE (43201), insofar as said sections prohibit a lot split which will create parcels for a parking lot with dumpster area as a primary use with no frontage on a public street and no parking lot screening ("Parcel A"), and a five-unit apartment building on a 7,260± square-foot lot, with a reduced maximum side yard from fourteen 14.4± feet to zero (0) feet, reduced minimum side yards from five (5) feet to zero (0) feet, and a parking space reduction from ten (10) required spaces to one (1) ("Parcel B"); said property being more particularly described as follows:
90 EAST FIFTH AVENUE (43201), being 0.3± acres located on the north side of East Fifth Avenue, 48± feet east of Indianola Avenue, and being more particularly described as follows:
Parcel No. 010-242021
Situated in the State of Ohio, County of Franklin, and City of Columbus and being more particularly described as follows:
Beginning at the southeast corner of Lot #9 in Short's Amended Addition as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 221, Recorder's Office, Franklin County, Ohio;
Thence, South, across a twenty (20) foot alley 20.00 feet to an iron pin set at the northeast corner of Lot #8 of said Short's Amended Addition;
Thence, West, with the north line of said Lot #8 and the south line of said 20 foot alley 28.00 feet to an iron pin set;
Thence, North, across said 20 foot alley 20.00 feet to an iron pin set on the south line of said Lot #9 and the north line of said 20 foot alley;
Thence, East, with the south line of said Lot #9 and the north line of said 20 foot alley 28.00 feet to the place of beginning, containing 560 square feet or 0.013 acres more or less. Bearings shown hereon are to an assumed meridian and are used to denote direction only.
Parcel No. 010-029489
Parcel A
Situated in the State of Ohio, County of Franklin, City of Columbus, and being all of Lot Number 8 and the east half of Lot Number 7 in John and Elizabeth L. Short's Amended Subdivision to the City of Columbus as recorded in Plat Book 3, Page 221, and being a 0.124 acre lot split from the property conveyed to MARIGOLD HILL, LLC, as recorded in Instrument Number 200705240090741, all references being to those of record in the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Commencing at an ¾" iron pin found at the northeast corner of that tract conveyed to MARIGOLD HILL, LCC and described as Parcel VI - Site B, as recorded in Instrument Number 200705240090741, said iron pin also being the southeast corner of Lot Number 9 of John and Elizabeth L. Short's Amended Subdivision and on the westerly right-of-way of Frances Place (20 feet wide) as recorded in Plat Book 3, Page 221, thence along the westerly right-of-way of Frances Place, South 00 degrees 00 minutes 00 seconds East, a distance of 20.00 feet to an iron pin set at the northeast corner of said Lot Number 8, also being the northeast corner of that tract described as Parcel VI - Site A, as recorded in Instrument Number 200705240090741, and The Point of Beginning for the tract described as follows;
thence continuing along the westerly right-of-way of Frances Place, South 00 degrees 00 minutes 00 Second East, a distance of 74.80 feet to an iron pin set;
thence leaving the westerly right-of-way of Frances Place and across said Parcel VI - Site A, North 89 degrees 52 minutes 51 seconds West, a distance of 72.28 feet to an iron pin set on the westerly line of said Parcel VI - Site A;
thence along the westerly line of said Parcel VI - Site A, North 00 degrees 12 minutes 46 seconds East, a distance of 41.10 feet to an ¾" iron pipe found;
thence continuing along the westerly line of said Parcel VI - Site A, North 00 degrees 23 minutes 41 seconds East, a distance of 33.92 feet to an ¾" iron pipe found at the northwest corner of said Parcel VI - Site A;
thence along the northerly line of said Parcel VI - Site A, South 89 degrees 42 minutes 22 seconds East, a distance of 71.76 feet to The Point of Beginning and containing an area of 0.124 acres, more or less.
The bearings in the above description are based on an assumed meridian and are used to denote angles only.
Iron pins set are 30" 5/8" rebar capped with yellow id "Mullaney P.S. 7900"
All references being to those of record in the Recorder's Office, Franklin County, Ohio.
Parcel B
Situated in the State of Ohio, County of Franklin, City of Columbus, and being all of Lot Number 8 and the east half of Lot Number 7 in John and Elizabeth L. Short's Amended Subdivision to the City of Columbus as recorded in Plat Book 3, Page 221, and being a 0.167 acre lot split from the property conveyed to MARIGOLD HILL, LLC, as recorded in Instrument Number 200705240090741, all references being to those of record in the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Commencing at an ¾" iron pin found at the northeast corner of that tract conveyed to MARIGOLD HILL, LCC and described as Parcel VI - Site B, as recorded in Instrument Number 200705240090741, said iron pin also being the southeast corner of Lot Number 9 of John and Elizabeth L. Short's Amended Subdivision and on the westerly right-of-way of Frances Place (20 feet wide), as recorded in Plat Book 3, Page 221, thence along the westerly right-of-way of Frances Place, South 00 degrees 00 minutes 00 seconds East, a distance of 94.80 feet to an iron pin set at the northeast corner of said proposed 0.167 acre lot split and The Point of Beginning for the tract described as follows;
thence continuing along the westerly right-of-way of Frances Place, South 00 degrees 00 minutes 00 Second East, a distance of 100.20 feet to an iron pin set at the southeast corner of the tract as described as Parcel VI - Site A, as recorded in Instrument Number 200705240090741, also being the southeast corner of Lot Number 8, said iron pin set also being the intersection of westerly right-of-way of Frances Place (20 feet wide) and the northerly right-of-way of Fifth Avenue (60 feet wide), as recorded in Plat Book 3, Page 221
thence leaving the westerly right-of-way of Frances Place and along the northerly right-of-way of Fifth Avenue, North 90 degrees 00 minutes 00 seconds West, a distance of 72.52 feet to an iron pin set on the westerly line of said Parcel VI - Site A;
thence along the westerly line of said Parcel VI - Site A, North 00 degrees 12 minutes 46 seconds East, a distance of 100.35 feet to an iron pin set;
thence leaving the westerly line of said Parcel VI - Site A, and across said Parcel VI - Site A, South 89 degrees 52 minutes 51 seconds East, a distance of 72.28 feet to The Point of Beginning and containing an area of 0.167 acres, more or less.
The bearings in the above description are based on an assumed meridian and are used to denote angles only.
Iron pins set are 30" 5/8" rebar capped with yellow id "Mullaney P.S. 7900"
All references being to those of record in the Recorder's Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a parking lot with dumpster area ("Parcel A"), and a five-unit apartment building ("Parcel B"), or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, "PROPOPSED SITE PLAN," drawn by Moody Nolan Inc., dated February 27, 2009, and signed by Curtis J. Moody, Architect. 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 is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance is further conditioned upon the combination of Parcel # 010-242021 with Parcel A prior to filing for all applicable permits.
SECTION 6. That this ordinance is further conditioned upon the six (6) parking spaces provided on "Parcel A" to only be used by the residents of the five-unit apartment building on "Parcel B" after construction of said parking spaces is complete.
SECTION 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.