Explanation
Council Variance Application: CV06-041
APPLICANT: Doug Tenebaum and Nageb Dean; c/o Jeffrey L. Brown, Atty.; Smith & Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Multi-family dwellings.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested Council Variance in conjunction with the requested rezoning to the L-AR-3, Limited Apartment Residential District (Z06-051) will allow re-use of an existing industrial structure slated for preservation in The South Side Plan (2002) for a maximum of up to nineteen (19) multi-family dwelling units and the construction of up to fourteen (14) new architecturally compatible multi-family dwellings consistent with the zoning and development patterns of the area. This concurrent Council variance would allow greater lot coverage, reduced building and parking setbacks, increased building height, reduced vision clearance and for the proposed development to only have 24 parking spaces where 38 are required. No recommendation is being made regarding the hardship aspect of this request.
Title
To grant a Variance from the provisions of Sections 3333.15, Basis of computing area; 3333.18, Building lines; 3333.26, Height district; 3333.27, Vision clearance; 3342.18, Parking setback line; and Section 3342.28, Minimum number of parking spaces required ,of the Columbus City Codes for the property located at 106 EAST MOLER STREET (43207), to permit a maximum of thirty-three (33) dwelling units with reduced development standards in the L-AR-3, Limited Apartment Residential District with reduced development standards (Council Variance #CV06-041).
Body
WHEREAS, by application #CV06-041, the owner of property at 106 EAST MOLER STREET (43207), is requesting a Variance to permit a maximum of thirty-three (33) multi-family dwelling units with reduced development standards in the L-AR-3, Limited Apartment Residential District; and
WHEREAS, Section 3333.15, Basis of computing area, permits a building to occupy a maximum of fifty (50%) of the lot area, while the applicant is proposing to occupy eighty-one (81%) of the lot area; and
WHEREAS, Section 3333.18, Building lines, requires buildings to have a setback of ten (10) feet from the right-of-way, while the applicant proposes to construct a new building south of Moler Street with a one (1) foot setback; and
WHEREAS, Section 3333.26, Height district, permits a maximum building height of thirty-five (35) feet, while the applicant proposes a building height of forty-two (42) feet.
WHEREAS, Section 3333.27, Vision clearance, prohibits any portion of a fence or wall exceeding two and one-half (2 ½) feet in height above the finished lot grade to exceed twenty-five (25) percent opacity when located in a required yard having vehicular access to a street or abutting such access within thirty (30) feet of the intersection, while the applicant is proposing a reduction to within twelve (12) feet of the intersection and to maintain an existing condition at the intersection of the alley and Fourth Street; and
WHEREAS, Section 3342.18, Parking setback line, requires a parking setback of ten (10'), while the applicant is proposing a parking setback of five (5) feet; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires 2 parking spaces per unit or thirty-eight (38) parking spaces, while the applicant is proposing to provide twenty-four (24) parking spaces; and
WHEREAS, City Departments recommend approval because the requested Council Variance in conjunction with the requested rezoning to the L-AR-3, Limited Apartment Residential District (Z06-051) will allow re-use of an existing industrial structure slated for preservation in The South Side Plan (2002) for a maximum of up to nineteen (19) multi-family dwelling units and the construction of up to fourteen (14) new architecturally compatible multi-family dwellings consistent with the zoning and development patterns of the area; 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 106 EAST MOLER STREET (43207), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3333.15, Basis of computing area; 3333.18, Building lines; 3333.26, Height district; 3333.27, Vision clearance; 3342.18, Parking setback line; and Section 3342.28, Minimum number of parking spaces required of the Columbus City Codes for the property located at 106 EAST MOLER STREET (43207), insofar as said sections prohibit a multi-family development occupying 81% of the lot area, where 50% of the lot area would be the maximum, with a building line of one (1)-foot where ten (10) feet would be required, with a building height of forty-two (42) feet versus the current maximum height of thirty-five (35) feet; with vision clearance reduced to within 12 feet of the intersection at South Fourth and East Moler Streets and maintaining the existing condition at the alley and Fourth Street, a parking setback of five (5) feet where ten (10) feet would be required and with twenty-four (24) parking spaces where thirty-eight (38) parking spaces would be required said property being more particularly described as follows:
106 EAST MOLER STREET (43207), being 0.73± acres located at the northwest and southwest corners of East Moler and South Fourth Streets, and being more particularly described as follows:
Description of a 0.33 Acre
Tract for Zoning
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of Lot No.13 of the Nathaniel Merion Amended Subdivision of record in Plat Book 1, Page 96, and all of Lots 13 and 14 of the Richter and Kiesewette Subdivision of record in Plat Book 2, Page 200, as conveyed to John P. & Mary E. Schneider in Official Record 31226 J15, all references being to the Recorder's Records, Franklin County, Ohio, and being more particularly described as follows;
Beginning at the intersection of the northerly right-of-way line of East Moler Street and westerly right-of-way line of South Fourth Street, said point also being the southeasterly corner of Lot No.13 of the Nathaniel Merion Amended Subdivision and the TRUE PLACE OF BEGINNING;
thence North 89°55'50" West, 103.00 feet, in the southerly lines of said Lot No. 13 of Merion's Subdivision and said Lots 13 and 14 of Richter and Kiesewette's Subdivision and the northerly right-of-way line of East Moler Street to a point of intersection with the common line between Lots 14 and 15 of said Richter and Kiesewette Subdivision;
thence North 00°00'00" East, 140.00 feet, in said common line between Lot 14 and Lot 15 to a point of intersection with the southerly right-of-way line of a 15 foot alley;
thence South 89°55'50" East, 103.00 feet, in the northerly lines of said Lots 14 and 13 of Richter and Kiesewette's Subdivision, the northerly line of said Lot No. 13 of Nathaniel Merion's Amended Subdivision and the southerly right-of-way line of the 15 foot alley to a point at the northeasterly corner of Lot 13 of the Merion's Subdivision and the westerly right-of-way line of South Fourth Street;
thence South 00°00'00" West, 140.00 feet, in the easterly line of Merion's Lot No. 13 and the westerly right-of-way line of South Fourth Street to the TRUE PLACE OF BEGINNING and containing 0.33 acres of land, more or less.
This description is based on the deed descriptions referenced above and an assumed bearing of South 00°00'00" West for the centerline of South Fourth Street and is to be used for zoning purposes only.
Subject to all easements, restrictions and right-of-ways of record.
Description of a 0.402 Acre
Tract for Zoning
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of Lots 39, 40, 41 and all of Lots 42 and 43 of Jenkin's Merion Addition of record in Plat Book 2, Page 348, as conveyed to John P. & Mary E. Schneider by Official Record 31226 J14, all references being to the Recorder's Records, Franklin County, Ohio, and being more particularly described as follows;
Beginning at an iron pin found at the intersection of the southerly right-of-way line of East Moler Street and the westerly right-of-way line of South Fourth Street, said point also being the northeasterly corner of Lot 39 and the TRUE PLACE OF BEGINNING;
thence South 00°00'00" East, 150.09 feet, in the easterly lines of said Lots 39, 40, 41, 42 and 43 and the westerly right-of-way line of South Fourth Street to an iron pin found at the southeasterly corner of Lot 43;
thence North 89°55'50" West, 158.31 feet, in the southerly line of Lot 43 to an iron pin found at the southwesterly corner of Lot 43 and in the easterly right-of-way line of a 20 foot alley,
thence North 01°03'26" West, 69.12 feet, in the westerly lines of said Lots 43, 42 and 41, and the easterly right-of-way line of said 20 foot alley to an iron pin found;
thence South 89°55'50" East, 79.26 feet, crossing into Lot 41 to an iron pin found;
thence North 00°00'00" East, 80.98 feet, to an iron pin found in the northerly line of Lot 39 and the southerly right-of-way line of East Moler Street;
thence South 89°55'50" East, 80.33 feet, in the northerly line of Lot 39 and the southerly right-of-way line of East Moler Street, to the TRUE PLACE OF BEGINNING and containing 0.402 acres of land, more or less.
This description is based on the deed descriptions referenced above and a survey by Landmark Surveying, and is to be used for zoning purposes only.
For this description, a bearing of South 00°00'00" East was assumed for the centerline of South Fourth Street.
Subject to all easements, restrictions and right-of-ways of record.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a maximum of thirty-three (33) multi-family dwelling units.
SECTION 3. That this ordinance is further conditioned on a commitment by the owner to maintain the existing building footprints in conformance with the site plan titled, "S. Fourth Street / E. Moler Street," signed by Jeffrey L. Brown, Attorney for the Applicant, and dated September 26, 2006, and elevations titled "Exhibit A," and "Exhibit B,"dated September 26, 2006, February 27,2007 and February 15,2007 respectively, and signed by Jeffrey L. Brown, attorney for the Applicant. The Subject Site and buildings shall be developed in accordance with the site plan and exhibits. The site plan and buildings may be slightly adjusted to reflect engineering, topographical architectural detailing, other building data, or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plans or exhibits shall be reviewed and may be approved 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 shall take effect and be in force from and after the earliest period allowed by law.