Explanation
Council Variance Application: CV04-033
APPLICANT: Dr. Robert L. Stephens, Jr.; c/o Eric Blackburn, Agent; Bogden Architects, Inc.; 850 King Avenue; Columbus, Ohio 43212.
PROPOSED USE: Remote Private Parking Lot.
SOUTH LINDEN AREA COMMISSION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicants request a Council variance for variances to the front and perimeter yards in order to develop a fifteen (15) space remote private parking lot while still allowing for the development of permitted uses in the R-4, Residential District for a period of not more than five years from the date of passage of this ordinance. The applicants, who operate a church and charter school to the east and across Windsor Avenue to the north wish to recoup parking spaces that were lost with the location of several modular classrooms on a former parking lot in 2002 with the approval Council Variance CV02-033.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4 Residential District use; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.18, Parking setback line; for property located at 1117 EAST WINDSOR AVENUE (43211), to permit a fifteen (15) space remote private parking lot in the R-4, Residential District and to declare an emergency. (Council Variance # CV04-033)
Body
WHEREAS, by application #CV04-033, the owner of property at 1117 EAST WINDSOR AVENUE (43211), is requesting a Council Variance to permit a remote private parking lot; and
WHEREAS, Section 3332.039(3), R-4, Residential District use, prohibits remote private parking lots as a principal use, while the applicant proposes to occupy a lot zoned in the R-4 district with fifteen remote private parking spaces to recoup parking spaces that were lost with the location of several modular classrooms on a former parking lot in 2002 with the approval Council Variance CV02-033 for a church and charter school located to the east and to the north across Windsor Avenue; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the applicant to provide a side yard totaling no less than 20% of the total lot width, or eight (8) feet, while the applicant proposes to provide 5% of the required side yard, or two (2) feet; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than three feet on each side, while the applicant proposes a minimum side yard of one foot on each side of the site; and
WHEREAS, Section 3332.27, Rear yard, requires the applicant to provide a rear yard totaling no less than 25% of the lot area which is 1249.84 square feet, while the applicant proposes to provide 6.4% of the lot area which is 399.95 square feet; and
WHEREAS, Section 3342.18, Parking setback line, requires a setback of 39.06 square feetof the required rear yard or ten (10) feet on the south side of the site; and
WHEREAS, the South Linden Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval and recognize that a hardship exists in that the zoning code prohibits remote private parking spaces in the R-4, Residential District while the applicants request a Council variance for variances to the front and perimeter yards in order to develop a fifteen (15) space remote private parking lot while still allowing for the development of permitted uses in the R-4, Residential District for a period of not more than five years from the date of passage of this ordinance. The applicants, who operate a church and charter school to the east and across Windsor Avenue to the north wish to recoup parking spaces that were lost with the location of several modular classrooms on a former parking lot in 2002 with the approval Council Variance CV02-033; 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the fact that local asphalt plants are scheduled to shut down for the Winter soon for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 1117 EAST WINDSOR AVENUE (43211), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. To grant a Variance from the provisions of Section 3332.039, R-4 Residential District, Sections 3332.25, Maximum side yards required, 3332.26, Minimum side yard permitted, 3332.27, Rear yard, 3342.18, Parking setback line is hereby granted for property located at 1117 EAST WINDSOR AVENUE (43211), insofar as said sections prohibit a parking lot in the R-4, Residential Districts with reduced building lines, reduced side yard setbacks, reduced rear yards without meeting the parking requirements for the three new modular classrooms being more particularly described as follows:
Legal Description
1111 Windsor Ave.
Columbus, OH 43211
Parcel #010-057879
Being a part of Lot Number Twelve (12) of STEVENSON HEIR'S SUBDIVISION, of lands, and also a part of a tract of land containing 66 square poles conveyed to said Vetol Lapland by Windsor Atcheson by Deed bearing date of April 12, 1876, and recorded in Deed Book 127, pages 393, 394 and 395, Recorder's Office of Franklin County, Ohio, and also a part of a tract of land conveyed to said Vetol Lapland by Joseph and Anna Schirtzinger in which his name is spelled Vetal LaPlante, bearing date of July 12, 1915, and recorded in Deed Book 570, page 539, of the Recorder's Office of said County, and bounded and described as follows:
Beginning at a stake in the South line of Windsor Avenue North 82 ¼ deg. West 82.76 feet from an iron stake at the Northeast corner of said tract of land so conveyed to the said Vetol Lapland by said Windsor Atcheson; thence with the South line of said Windsor Avenue North 82 ¼ deg. West 40 feet to a stake; thence with a line parallel to the East line of said tract South 7 ½ deg. West 156.30 feet to a stake in the North line of Thirteenth Avenue; thence with the North line of Thirteenth Avenue South 82 ½ deg. East 40 feet to a stake; thence with a line parallel with the East line of said tract North 7 ½ deg. East 156.66 feet to the place of beginning, containing 0.143 of an acre, more or less, but subject to all legal highways and restrictions of record.
Parcel ID #010-057879
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a remote private parking lot, or those uses permitted in the R-4, Residential District.
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 is further conditioned on all trees and landscaping shall be well maintained. Dead items shall be replaced within six months or the next planting season, whichever occurs first.
Section 5. That this ordinance is further conditioned on the site being developed in accordance with the plan titled "Great Liberty Temple / W.C. Cupe Community School Parking Lot 1117 Windsor Ave. Columbus, OH 43211" signed by Eric Blackburn, Agent dated October 18, 2004.
Section 6. That this ordinance shall expire five (5) years from the effective date of the ordinance.
Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.