Explanation
APPLICANT: Cugini & Capoccia Builders; c/o Donald Plank, Atty.; 145 E. Rich Street; Columbus, OH 43215.
PROPOSED USE: To conform an existing four-family dwelling and to permit a new four-family dwelling.
BREWERY DISTRICT COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is comprised of three parcels. The Front Street parcel is developed with a four-family dwelling that is non-conforming in the M, Manufacturing District. Adjacent parcels at the corner of Wall Street and West Frankfort Street (Frankfort Street parcels) are undeveloped and applicant proposes to combine the parcels and build a new four-family dwelling. This variance will conform the existing four-family dwelling and also permit the construction of a new four-family dwelling. The area, while zoned M, is characterized by a wide variety of residential uses. The Brewery District Plan, (1992), Southern Tier Subarea, recommends that the area be rezoned to a mixed-use district that allows residential and low intensity commercial uses, and encourages the preservation of the residential character of the area.
Title
To grant a Variance from the provisions of Sections 3363.01, M, Manufacturing District; 3363.27(b)(1), Height and Area Regulations; 3342.15, Maneuvering; and 3342.28, Minimum Number of Parking Spaces Required; for the properties located at 740 SOUTH FRONT STREET (43206), being 0.33± acres located at the southeast corner of South Front Street and West Frankfort Street, to permit an existing non-conforming four-family dwelling and to permit a new four-family dwelling in the M, Manufacturing District and to declare an emergency.
Body
WHEREAS, by application No. CV06-051, the owner of properties at 740 SOUTH FRONT STREET (43206), is requesting a Council variance to conform an existing four-family dwelling and to permit a new four-family dwelling in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M, Manufacturing District prohibits four-family dwellings, while applicant proposes to conform the existing four-family dwelling, and to construct a new four-family dwelling; 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 to allow for permit submittal as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3363.27(b)(1), Height and Area Regulations, requires a twenty-five (25) foot front yard, while applicant proposes to maintain the existing zero (0) foot building setback on West Frankfort Street and the existing six (6) foot setback on South Front Street for the existing building (740-746 South Front Street); and a building setback of four (4) feet on West Frankfort Street for the proposed four-family building; and
WHEREAS, Section 3342.15, Maneuvering, which section requires each parking space to have sufficient access and maneuvering area, while applicant proposes to permit stacked parking in private driveways in front of the two-car attached garages for each dwelling unit of the new four family dwelling; and
WHEREAS, Section 3342.28, Minimum Number of Parking Spaces Required, requires two (2) parking spaces per dwelling unit, while the existing four-family dwelling (740-746 South Front Street) has six (6) off-street parking spaces, and
WHEREAS, the Brewery District Commission recommends approval; and
WHEREAS, City Departments recommend approval because this variance will conform the existing four-family dwelling and permit the construction of a new four-family dwelling. The area, while zoned M, is characterized by a wide variety of residential uses. The Brewery District Plan (1992), Southern Tier Subarea, recommends that the area be rezoned to a mixed-use district that allows residential and low intensity commercial uses, and encourages the preservation of the residential character; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; 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 740 SOUTH FRONT STREET (43206), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3363.01, M, Manufacturing District; 3363.27(b)(1), Height and Area Regulations; 3342.15, Maneuvering; and 3342.28, Minimum Number of Parking Spaces Required; of the Columbus City Codes are hereby granted for the properties located at 740 SOUTH FRONT STREET (43206), insofar as said sections prohibit four-family dwellings; with reduced building lines from required twenty-five (25) feet to zero (0) feet along Frankfort Street and to six (6) feet along Front Street for the Front Street parcel, and to four (4) feet along Frankfort Street for the Frankfort Street parcel; with stacked parking in front of attached 2-car garages; and a reduction in the number of required parking spaces from eight (8) to six (6) for the Front Street parcel (740-746 South Front Street) in the M, Manufacturing District; said properties being more particularly described as follows:
Legal Description (Front Street parcel)
Existing Four family dwelling: 740-746 South Front Street, Parcel 010-280596
(0.160 Acres)
Situated in the State of Ohio, County of Franklin, City of Columbus, Ohio, being part of Half Section 28, Township 5, Range 22, Refugee Lands, and being part of Parcel Two conveyed to Front/Frankfort, Ltd. of record in Instrument Number 2005040084756, Recorder's Office, Franklin County, Ohio (all references to recorded documents are on file in said Recorder's Office, unless otherwise noted), and being more particularly described as follows:
Beginning at an iron pipe set at the intersection of the east line of South Front Street (82.50 feet wide) with the south line of Frankfort Street (66 feet wide) and the northwest corner of said Parcel Two;
Thence, along the south line of said Frankfort Street and part of the north line of said Parcel Two, South 89° 57' 22" East, 111.50 feet to an iron pipe set;
Thence, across said Parcel Two, South, 62.63 feet to an iron pipe set in the south line of said Parcel Two and in the north line of Lot 161 of C.F. Jaeger's 21st Addition. The same as is numbered and delineated upon the record plat of record in Pat Book 2, Page 213;
Thence, along part of the north line of said Lot 161, part of the south line of said Parcel Two, North 89° 55' 43" West, 111.50 feet to an iron pipe set at the southwest corner of said Parcel Two, the northwest corner of said Lot 161, and in the east line of said S. Front Street;
Thence, along the east line of said S. Front Street, the west line of said Parcel Two, North, 62.58 feet to the place of beginning containing 0.160 acres subject, however to all legal highways, easements, leases, agreements, and restrictions of record and of records in the respective utility offices.
The foregoing description was prepared from actual field measurements by Myers Surveying Company, Inc. in August 2005. Iron pipes set at 30 x 1 O.D. with an orange plastic cap inscribed "P.S. 6579", unless otherwise noted. Basis of bearings is the east line of said S. Front Street assumed north.
Legal Description (Frankfort Street parcels)
New Four Family Dwelling: West Frankfort Street, Parcels 010-009454 and 010-037306
(0.173 Acres)
Situated in the State of Ohio, County of Franklin, City of Columbus, Ohio being part of Half Section 28, Township 5, Range 22, Refugee Lands, and being part of Parcel Two and all of Parcel One conveyed to Front/Frankfort, Ltd. of record in Instrument Number 2005040084756, Recorder's Office, Franklin County, Ohio (all referenced to recorded documents are on file in said Recorder's Office, unless otherwise noted), and being more particularly described as follows:
Commencing at an iron pipe set at the intersection of the east line of South Front Street (82.50 feet wide) with the south line of Frankfort Street (66 feet wide) and the northeast corner of said Parcel Two;
Thence, along the south line of said Frankfort Street and apart of the north line of said Parcel Two, South 89° 57' 22" East, 111.50 feet to the TRUE POINT OF BEGINNING of this description;
Thence, along the south line of said Frankfort Street and part of the north line of said Parcel Two, South 89° 57' 22" East, 76.00 feet to an iron pipe set at the northeast corner of said Parcel Two and the intersection of the south line of said Frankfort Street with the west line of S. Wall Street (33 feet wide);
Thence, along the west line of said S. Wall Street, along the east line of said Parcel Two, along the east line of Lot 161 of C.F. Jaeger's 21st. Addition the same as is along the east line of said Parcel One, South, 94.00 feet to an iron pipe set at the southeast corner of said Parcel One, the southeast corner of said Lot 161, and the northeast corner of Lot 162 of said C.F. Jaeger's 21st. Addition;
Thence, along part of the south line of said Lot 161, part of the north line of Lot 162, and the south line of said Parcel One, North 89° 54' 59" West, 88.00 feet to an iron pipe set at the southwest corner of said Parcel One, and the southeast corner of the tract conveyed to Aristea Filippakis (Instrument Number 200405120109371);
Thence, across said Lot 161, along the west line of said Parcel One, and the east line of said Filippakis tract, North, 31.31 feet to an iron pipe set in the north line of Lot 161, the south line of said Parcel Two, and at the northwest corner of said Parcel One and the northeast corner of said Filippakis tract;
Thence, along part of the south line of said Parcel Two and apart of the north line of said Parcel One, South 89° 55' 43" east, 12.00 feet to an iron pipe set;
Thence, across said Parcel Two, north 62.63 feet to the place of beginning containing 0.173 acres, subject, however to all legal highways, easements, leases, agreements, and restrictions of record and of records in the respective utility offices.
The foregoing description was prepared from actual field measurements by Myers Surveying Company, Inc, in August 2005. Iron pipes set are 30 x 1 O.D. with an orange plastic cap inscribed "P.S. 6579", unless otherwise noted. Basis of bearings is the east line of said S. Front Street assumed North.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an existing four-family dwelling (parcel 010-280596) and a new four-family dwelling (parcels 010-009454 and 010-037306) or those uses permitted in the M, Manufacturing District.
SECTION 3. That this ordinance is conditioned upon the following: a). The site for the new four-family dwelling (Frankfort Street parcels) consists of two (2) tax parcels (010-009454 and 010-037306), which shall be combined to form one (1) tax parcel prior to the issuance of a Certificate of Zoning Clearance for the new four-family dwelling and b). The Columbus Recreation and Parks Department has requested that the English Elm tree in the West Frankfort Street right-of-way in front of the site of the new four family dwelling be removed in conjunction with the construction of the new four family dwelling. This one (1) tree shall be removed prior to the issuance of a Certificate of Occupancy for the new four-family dwelling unless the City Forester decides the tree should remain, in which case developer shall have no further obligation to remove the tree.
SECTION 4. That this ordinance is further conditioned upon all applicable Certificates of Appropriateness (Brewery District Commission), permits, and Certificates of Occupancy being obtained.
SECTION 4. 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.