Explanation
Council Variance Application # CV04-007
APPLICANT: Ronald L. Williams; 7924 Silver Lake Court; Westerville, Ohio 43082.
PROPOSED USE: Three (3) two-family dwellings and two (2) six-unit apartment houses within a multiple dwelling development with a reduced perimeter yard.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and Development Commission for a concurrent rezoning (Z03-116) to the L-AR-12, Limited Apartment Residential District for the development of forty-six (46) multi-family residential units. The applicant is requesting a variance to allow three (3) two-family dwellings and two (2) six-unit apartment houses within a multiple dwelling development, and to reduce the required perimeter yard of the subject property from twenty-five (25) feet to fifteen (15) feet. Two-family dwellings are not permitted in the AR-12 District, and apartment houses are permitted only as one apartment house per lot or three or more apartment houses as an apartment complex. The proposed perimeter yard is supported because it is consistent with the perimeter yards of surrounding multi-family residential developments, and the mixture of unit sizes within the development does not pose any adverse affects.
Title
To grant a variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; and 3333.255, Perimeter yard, of the City codes, for the property located at 5771 MAPLE CANYON AVENUE (43229), to permit three (3) two-family dwellings and two (2) six-unit apartment houses within a multiple dwelling development with a reduced perimeter yard in the L-AR-12, Limited Apartment Residential District (Council Variance # CV04-007).
Body
WHEREAS, by application No. CV04-007, the owner of property at 5771 MAPLE CANYON AVENUE (43229) is requesting a Council Variance to permit three (3) two-family dwellings and two (2) six-unit apartment houses within a multiple dwelling development with a reduced perimeter yard in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, does not permit two-unit dwellings or less than three apartment houses in a multiple dwelling development, while the applicant proposes three (3) two-family dwellings and two (2) six-unit apartment houses in a multiple dwelling development in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.255, Perimeter yard, requires a twenty-five (25) foot perimeter yard for a multiple dwelling development, while the applicant proposes a fifteen (15) foot perimeter yard; and
WHEREAS, the City Departments recommend approval because applicant has received a recommendation of approval from Staff and Development Commission for a concurrent rezoning (Z03-116) to the L-AR-12, Limited Apartment Residential District for the development of forty-six (46) multi-family residential units. The applicant is requesting a variance to allow three (3) two-family dwellings and two (2) six-unit apartment houses within a multiple dwelling development, and to reduce the required perimeter yard of the subject property from twenty-five (25) feet to fifteen (15) feet. Two-family dwellings are not permitted in the AR-12 District, and apartment houses are permitted only as one apartment house per lot or three or more apartment houses as an apartment complex. The proposed perimeter yard is supported because it is consistent with the perimeter yards of surrounding multi-family residential developments, and the mixture of unit sizes within the development does not pose any adverse affects; 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 5771 MAPLE CANYON AVENUE (43229), 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 3333.02, AR-12, ARLD and AR-1 apartment residential district use; and 3333.255, Perimeter yard, are hereby granted for the property located at 5771 MAPLE CANYON AVENUE (43229), in so far as said sections prohibit three (3) two-family dwellings and two (2) six-unit apartment houses within a multiple dwelling development with a reduced perimeter yard from twenty-five (25) feet to fifteen (15) feet in the L-AR-12, Limited Apartment Residential District, said property being more particularly described as follows:
5771 MAPLE CANYON AVENUE (43229), being 3.84± acres located on the west side of Maple Canyon Avenue, 340± feet north of East Dublin-Granville Road, and being more particularly described as follows:
A tract of land situated in Franklin County, State of Ohio, in Sharon Township and being all of Lot 48 of Sharon Acres, a subdivision as shown in Plat Book 20, Page 1, as recorded in the Franklin County Ohio Recorder's Office, and being more particularly described by metes and bounds as follows:
Beginning at an existing iron pin on the west line of Maple Canyon Avenue (said point being the Southeast Corner of Lot 48, of Sharon Acres, a subdivision as shown in Plat Book 20, Page I, as recorded in the Franklin County Ohio Recorder's Office), South 89 degrees 59 minutes 08 seconds West along the original line between Lots 48 and 49, 580.30 feet, to and existing iron pin at the Southwest Corner of said Lot 48;
Thence, North 00 degrees 07 minutes 37 seconds East along the west line of said Lot 48, 288.15 feet, to an existing iron pin at the Northwest Corner of said Lot 48;
Thence, East along the original line between Lots 47 and 48, 580.00 feet, to the center of a power pole (passing a 5/8 inch rebar with cap at 578.00 feet) to the Northeast corner of said Lot 48 on the west line of Maple Canyon Avenue;
Thence, South 00 degrees 04 minutes 03 seconds West along the west line of Maple Canyon Ave., 288.00 feet, (passing a 5/8 inch rebar with cap at 2.0 feet) to the Point of Beginning;
Containing 3.837 acres all in Franklin County, Ohio.
Subject to all existing easements and rights-of-way and restrictions of record.
Base line for bearings is the East-West line between Lots 47 and 48.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a multiple dwelling development containing three (3) two-family dwellings and two (2) six-unit apartment houses with a reduced perimeter yard, or those uses permitted in the L-AR-12, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.