Explanation
Council Variance Application: CV05-046
APPLICANT: Peak 10 Development; c/o Nathan Fisher; 3400 North High Street, Suite 200; Columbus,
OH 43202.
PROPOSED USE: To conform an existing nine-unit apartment building.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site is developed with a non-conforming nine-unit apartment building. The requested variance would conform the existing building in the R-4, Residential District. A Council variance is required because the R-4, Residential District permits a maximum of four dwelling units in one building. The applicant requests variances for existing conditions, including lot coverage, front setbacks, rear yard, and minimum number of required parking spaces. A hardship exists in that a variance is necessary for the applicant to obtain financing to fund renovations to the existing building.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential district; 3332.15; R-4 area district requirements; 3332.18, Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.30, Vision clearance; and 3342.28, Minimum number of parking spaces required of the Columbus City codes; for the property located at 1055 NEIL AVENUE (43201), to allow an existing non-conforming nine-unit apartment building with reduced development standards in the R-4, Residential District (Council Variance # CV05-046).
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WHEREAS, by application #CV05-046, the owner of the property at 1055 NEIL AVENUE (43201), is requesting a Variance to conform an existing nine-unit apartment building with reduced development standards 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 to conform an existing nine-unit apartment building; 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 fifteen hundred (1,500) square feet per dwelling unit if a corner lot, while the applicant proposes to maintain an existing nine-unit apartment building on a 9,206.15 square-foot lot; and
WHEREAS, Section 3332.18, Basis of computing area, requires that no dwelling shall occupy alone or together with any other building greater than fifty (50) percent of the lot area, while the applicant proposes to maintain a seventy-two (72) percent lot coverage for the existing building; and
WHEREAS, Section 3332.21, Building lines, requires the setback to be that distance as determined where the line which connects the front of the nearest building on either side of the subject parcel, bisects the subject parcel, but in no case less than ten (10) feet, while the applicant proposes to maintain a building line of 3.1 feet along Neil Avenue, and zero (0) feet along Tappan Street for the existing building; and
WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard to equal twenty (20) percent of the lot width, or ten (10) feet, while the applicant proposes to maintain a maximum side yard of 2.3 feet for the existing building; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes a minimum side yard of 2.3 feet along the north property line for the existing building; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes to maintain a 22.8 percent rear yard for the existing building; and
WHEREAS, Section 3332.30, Vision clearance, requires that a clear vision triangle shall be maintained on each residential lot adjacent to a street intersection, while the applicant proposes to maintain no clear vision triangle for the existing building at the intersection of Neil Avenue and Tappan Street; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, or eighteen (18) spaces, while the applicant proposes to maintain zero (0) spaces for the existing building; and
WHEREAS, this variance will permit an existing nine-unit apartment building with reduced development standards in the R-4, Residential District; and
WHEREAS, The Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the subject site is developed with a non-conforming nine-unit apartment building. The requested variance would conform the existing building in the R-4, Residential District. A Council variance is required because the R-4, Residential District permits a maximum of four dwelling units in one building. The applicant requests variances for existing conditions, including lot coverage, front setbacks, rear yard, and minimum number of required parking spaces. The variance is necessary for the applicant to obtain financing to fund renovations to the existing building; 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 1055 NEIL AVENUE (43201), in using said property as desired and; now, therefore:
SECTION 1. That a variance from the provisions of Sections 3332.039, R-4, Residential district; 3332.15; R-4 area district requirements; 3332.18, Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.30, Vision clearance; and 3342.28, Minimum number of parking spaces required; of the Columbus City codes for the property located at 1055 NEIL AVENUE (43201), insofar as said sections prohibit a nine-unit apartment building, with a seventy-two (72) percent lot coverage, a 3.1 foot building setback from Neil Avenue and a zero (0) foot building setback from Tappan Street, 2.3 foot maximum and minimum side yards, a 22.8 percent rear yard, no vision clearance at Neil Avenue and Tappan Street, and a parking space reduction from eighteen (18) required spaces to zero (0); said property being more particularly described as follows:
1055 NEIL AVENUE (43201), being 0.21± acres located on the west side of Neil Avenue, at the southwest corner of Neil Avenue and Tappan Street, and being more particularly described as follows:
DESCRIPTION OF A 0.21 ACRE TRACT KNOWN AS #1055 NEIL AVENUE
Situated in the City of Columbus, County of Franklin, State of Ohio, being 0.21 acres, Lot 178 in the Collins, Atkinson & Guitner subdivision, of Record in Plat Book 2, Page 153, as conveyed to D & S Properties in Instrument No. 200002220035207, said 0.21 acres describing 1055 Neil Avenue, also referred to as Parcel # 010-031154, and as shown on the attached Zoning Variance Exhibit.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a nine-unit apartment building, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site existing in general conformance with the site plan titled "ZONING VARIANCE EXHIBIT," drawn by Hoy Surveying Services, Inc., dated October 18, 2005, and signed by Nathan D. Fisher, Applicant.
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 shall take effect and be in force from and after the earliest period allowed by law.