Explanation
Council Variance Application: CV12-031
APPLICANT: Hudson Square LLC; c/o Jill Tangeman, Atty.; 52 East Gay Street, P.O. Box 1008; Columbus, Ohio 43216.
PROPOSED USE: Multi-unit residential development with a reduced perimeter yard.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site is being rezoned to the L-AR-12, Limited Apartment Residential District. The applicant is requesting a concurrent Council variance to reduce the perimeter yard along the south property line. Staff supports this variance because there will still be 35 feet left between the buildings in this development and the multi-unit development to the south which serves as a sufficient separation.
Title
To grant a Variance from the provisions of Section 3333.255, Perimeter yard, of the Columbus City Codes, for the property located at 5115 WARNER ROAD (43081), to permit multi-unit residential development with a reduced perimeter yard in the L-AR-12, Limited Apartment Residential District. (Council Variance # CV12-031).
Body
WHEREAS, by application #CV12-031, the owner of property at 5115 WARNER ROAD (43081), is requesting a Variance concurrent with rezoning Z12-037 to permit multi-unit development with a reduced perimeter yard; and
WHEREAS, Section 3333.255, Perimeter yard, requires a twenty-five (25) foot perimeter yard, while the applicant proposes reduced perimeter yard of ten (10) feet; and
WHEREAS, City Departments recommend approval for this concurrent Council variance for a reduced perimeter yard because there will still be 35 feet left between the buildings in this development and the multi-unit development to the south; and
WHEREAS, Rocky Fork / Blacklick Accord Panel recommends approval; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Zoning Clearance 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 5115 WARNER ROAD (43081), in using said property as desired and
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance be granted from the provisions of Section 3333.255, Perimeter yard, of the Columbus City Codes for the property located at 5115 WARNER ROAD (43081), insofar as said sections prohibit a multi-unit residential development, with a perimeter yard reduced from 25 to 10 feet; said property being more particularly described as follows:
5115 WARNER ROAD (43081), being 8.53± acres located on the south side of Warner Road, 1525± feet west of Hamilton Road,, and being more particularly described as follows:
Legal for 5047 Warner Road (2.8+/- Acres):
Situated in the State of Ohio, County of Franklin, Township of Plain, Quarter Township 3, Township 2, Range 16, United States Military District, and being part of that 2.869 acre tract conveyed to Michael W. Adkins and Mary A. Adkins of record in Instrument Number 200009130185146 (A.P.N. 220-000637), and described as follows:
Beginning in the west line of said Adkins tract and in the south right-of-way line for Warner Road, said south right-of-way line being an existing City of Columbus Corporation Line (Case No. 60-03, Ord. No. 432-04, I.N. 200407190166446);
Thence Easterly, across said Adkins tract and along said south right-of-way line (20 feet southerly from the centerline of Warner Road), the same being said corporation line, about 250 feet to the east line of said Adkins tract, in an existing City of Columbus Corporation Line (Case No. 10-11, Ord. No. 1226-2011, I.N. 201112010156269);
Thence Southerly, along said Adkins east line, the same being said existing City of Columbus Corporation Line (Case No. 10-11, Ord. No. 1226-2011, I.N. 201112010156269), about 480 feet to the southeast corner of said Adkins tract, in an existing City of Columbus Corporation Line (Case No. 01-97, Ord. No. 1388-97, I.N. 199710070113511);
Thence Westerly, along the south line of said Adkins tract, the same being said existing City of Columbus Corporation Line (Case No. 01-97, Ord. No. 1388-97, I.N. 199710070113511), about 250 feet to the southwest corner of said Adkins tract, in an existing City of Columbus Corporation Line (Case No. 08-04, Ord. No. 0979-04, I.N. 200408250198994);
Thence Northerly, along the west line of said Adkins tract, the same being said existing City of Columbus Corporation Line (Case No. 08-04, Ord. No. 979-04, I.N. 200408250198994), about 480 feet to the Point of Beginning. Containing approximately 2.8 acres of land, more or less. The above description was written by John C. Dodgion, P.S. 8069 on January 16, 2012. A drawing of the above description has been prepared and is a part hereof.
Legal for 5081 and 5115 Warner Road (5.73+/- Acres):
Situated in the State of Ohio, County of Franklin, Township of Plain, Quarter Township 3, Township 2, Range 16, United States Military District, and being all of that 2.869 acre tract conveyed to Martha L. O'Neal of record in Instrument Number 200006290128236 and Instrument Number 200502090024964 (A.P.N. 220-000657) and all of that 2.869 acre tract conveyed to Paul D. Cochenour and Delila A. Cochenour of record in Official Record 3455E19 and Instrument Number 201012010162922 (A.P.N. 220-000673), and described as follows:
Beginning in the centerline of Warner Road and at the northeast corner of said Cochenour tract;
Thence S 03° 26' 50" W, along the east line of said Cochenour tract, 498.63 feet to the southeast corner of said Cochenour tract;
Thence N 86° 31' 10" W, along the south line of said Cochenour tract and the south line of said O'Neal tract, 500.00 feet to the southwest corner of said O'Neal tract;
Thence N 03° 26' 50" E, along the west line of said O'Neal tract, 498.99 feet to the northwest corner of said O'Neal tract, in the centerline of said Warner Road;
Thence S 86° 28' 39" E, along the north line of said O'Neal tract and the north line of said Cochenour tract, the same being said centerline, 500.00 feet to the Point of Beginning. Containing 5.73 acres of land, more or less.
All references used in this description can be found at 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 for multi-unit dwellings, or those uses permitted in the L-AR-12, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, "WARNER ROAD MULTI-FAMILY WEST EXPANSION," signed by Jill S. Tangeman, Attorney for the Applicant, dated October 29, 2012. 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 Plans shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or his or her 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.