Explanation
APPLICANT: Northstar Realty and Edwards Development Companies; c/o Michael T. Shannon, Atty.; Crabbe, Brown & James LLP; 500 South Front Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicants are applying for a concurrent Council variance with rezoning Z11-007, to request variances to reduce the building setback along West 3rd Avenue from 30 feet to 12.3 feet and the parking setback along West Third Avenue from 25 feet to 4.27 feet, reduce the rear yard from 25% to 0% and reduce 25 parking spaces to 8.5 in width. The site falls within the boundaries of the Fifth by Northwest Neighborhood Plan (2009), which calls for Community Commercial Development on the site.
Title
To grant a Variance from the provisions of Sections 3312.27, Parking setback line; 3312.29, Parking space; and 3333.18, Building lines,and 3333.24, Rear Yard of the Columbus City Codes for property located at 700 WEST THIRD AVENUE (43212), to permit multi-unit residential development with reduced parking and building setbacks along West Third Avenue, reduced parking space width and no perimeter yard in conjunction with rezoning Z11-007 and to declare an emergency. (CV11-013)
Body
WHEREAS, by application No. CV11-013, the owner of property at 700 WEST THIRD AVENUE (43212), is requesting a Council variance allow a multiple-unit development with reduced parking and building setbacks along West Third Avenue in conjunction with rezoning application Z11-007 to rezone this site from the M, Manufacturing District to the L-AR-O, Limited Apartment Office District; and
WHEREAS, Section 3312.27, Parking setback line, requires a twenty-five (25) foot parking setback line, while the applicant proposes to maintain a four point two seven (4.27) foot parking setback line for the existing parking spaces along West Third Avenue; and
WHEREAS, Section 3312.29, Parking space, requires parking spaces to be at least 9 feet wide, while the applicant proposes a width of 8.5 feet for 51 parking spaces; and
WHEREAS, Section 3333.18, Building lines, requires buildings to have a setback of ten (30) feet from the right-of-way, while the applicant proposes to construct a new building along West Third Avenue with a twelve point three (12.3) foot setback; and
WHEREAS, Section 3333.24, Rear Yard, requires a minimum rear yard of 25%, while the applicant does not wish to provide a rear yard; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, the Fifth by Northwest Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the applicant has agreed to a landscaping plan and improvements to the building facades along West Third Avenue and finds that this variance will cause no negative impact on the surrounding properties; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the city; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owner of the property located at 700 WEST THIRD AVENUE (43212), in using said property as desired; 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 begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That a variance from the provisions of Sections 3312.27, Parking setback line, 3312.29, Parking space, and 3333.18, Building lines, and 3333.24, Rear Yard of the Columbus City Codes is hereby granted for property located at 700 WEST THIRD AVENUE (43212), insofar as said sections prohibit multiple-unit development with reduced building and parking setbacks, no rear yard and with fifty-one parking spaces 8.5 feet in width; said property being more particularly described as follows:
5.10 Acres
SubArea B
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 6, Township 5, Range 22, Refugee Lands, being out of Lot 8 of the "William Neil's Heirs Land" of record in Plat Book 3, Page 168, being all of that 4.786 acre tract conveyed to Olentangy Ventures I, LLC by deed of record in Instrument Number 200808270130296 and part of that tract conveyed to The Chesapeake and Ohio Railway Company NKA CSX Transportation Inc., by deed of record in Deed Book 924, Page 338 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference, at the centerline intersection of Olentangy River Road (100') and Third Avenue (width varies) as shown on that plat entitled "Dedication of Third Avenue and Perry Street" of record in Plat Book 4, Page 164;
thence North 86° 24' 25" West, with the centerline of said Third Avenue, a distance of 250.36 feet to a point;
thence North 03° 35' 35" East, across the right-of-way line of said Third Avenue, a distance of 29.53 feet to a point at a southwesterly corner of that 0.574 acre tract conveyed to CAB Holding Company, LLC by deed of record in Instrument Number 200305020129017, a southeasterly corner of that 2.558 acre tract conveyed to Olentangy Ventures II, LLC by deed of records in Instrument Number 200808150125134, being in the northerly right-of-way line of said Third Avenue;
thence North 86° 24' 25" West, with the southerly line of said 2.588 acre tract, the northerly right-of-way line of said Third Avenue, a distance of 225.66 feet to a point at a southwesterly corner of said 2.588 acre tract, a southeasterly corner of said 7.786 acre tract, being the TRUE POINT OF BEGINNING;
thence North 86° 24' 25" West, with the northerly right-of-way line of said Third Avenue, a distance of 343.88 feet to a point;
thence North 86° 22' 04" West, continuing with said northerly right-of-way line, a distance of 60.84 feet to a point in the southerly line of said The Chesapeake and Ohio Railway Company NKA CSX Transportation Inc.;
thence North 11° 25' 33" West, across said The Chesapeake and Ohio Railway Company NKA CSX Transportation Inc., tract, a distance of 528.54 feet to a point;
thence North 79° 19' 42" East, continuing across said The Chesapeake and Ohio Railway Company NKA CSX Transportation Inc., tract, a distance of 25.46 feet to a point in the westerly line of said 4.786 acre tract;
thence North 11° 26' 57" West, with the westerly line of said 4.786 acre tract, a distance of 166.86 feet to a oin tin the westerly line of that 0.575 acre tract conveyed as Tract 2 to 1299 Olentangy, LLC by deed of record in Instrument Number 199809240243099; thence South 55° 56' 33" East, with the easterly line of said Parcel 2, the westerly line of said 0.575 acre tract and the westerly line of Tract 3 as conveyed to 1299 Olentangy, LLC by deed of record in Instrument Number 199809240243099, a distance of 501.19 feet to a point in the westerly line of said 0.244 acre tract conveyed as Tract Two to Cole FM Grandview OH, LLC by deed of record in Instrument Number 201009290127440;
thence with the easterly line of said 4.786 acre tract, and the westerly line of said 0.244 acre tract, with the arc of said curve to the left, having a central angle of 26° 54' 39", a radius of 50.00 feet, an arc length of 23.49 feet, a chord bearing and distance of South 20° 05' 20" East, 23.27 feet to a point;
thence South 33° 31' 21" East, with the easterly line of said 4.786 acre tract, the westerly line of said 0.244 acre tract, a distance of 18.80 feet to a point of curvature to the right;
thence continuing with the easterly line of said 4.786 acre tract, with the arc of said curve to the right, having a central angle of 24° 04' 18", a radius of 202.51 feet, an arc length of 85.08 feet, a chord bearing and distance of South 21° 29' 12" East, 84.46 feet to a point at a northeasterly corner of said 0.244 acre tract;
thence South 09° 24' 37" East, with the easterly line of said 4.786 acre tract, the westerly line of said 2.588 acre tract, a distance of 319.23 feet to the TRUE POINT OF BEGINNING, and containing 5.10 acres of land more or less.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses permitted in the L-AR-O Limited Apartment Residential District in Z11-007.
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 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.