Explanation
Council Variance Application: CV10-010
APPLICANT: NRP Boulevard Homes LLC; c/o M. Neff Design Group 14855 #100-233; Maple Heights, OH 44137.
PROPOSED USE: To construct two single-unit dwellings with reduced development standards.
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council variance to create two lots for two (2) single-unit dwellings in the C-4, Commercial District. A Council variance is necessary because dwellings are not permitted on the ground floor in the C-4 Commercial District. The site is one of twelve C-4 parcels surrounded by the AR-1, Apartment Residential and M, Manufacturing Districts. This C-4, District has been in place since 1928. The twelve parcels within the C-4, Commercial District are used for residential uses and there is one nonconforming warehouse. The surrounding AR-1, Apartment Residential District is characterized by residential uses, thus the request is consistent with the existing development pattern. The site is within the planning area of the Franklinton Plan (2003) which recommends commercial use for the site; however the site is also within an upcoming area rezoning application that is recommended by the Franklinton Plan (2003). The proposed rezoning would change the zoning to R-2F, which would permit single-unit dwellings and would reflect the existing land uses in the area. The variances to standards are deemed minor and necessary for the proposed dwellings to fit in within the existing development pattern.
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To grant a variance from the provisions of Sections 3356.03, C-4 Permitted uses; 3312.27(3), Parking Setback Line; 3321.05(B)(2),Vision clearance; and 3356.11, C-4 district setback lines; of the Columbus City codes, for the property located at 237 SOUTH DAKOTA AVENUE (43222), to permit two single-unit dwellings in the C-4 Commercial District with reduced development standards. (CV10-010)...and to declare an emergency.
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WHEREAS, by application No. CV10-010, the owner of property at 237 SOUTH DAKOTA AVENUE (43222), is requesting a Council Variance to permit a maximum of two (2) single-unit dwellings in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4, Permitted uses, does not allow dwellings on the ground floor, while the applicant proposes to permit a maximum of one (1) single-unit dwelling on each of the two (2) parcels; and
WHEREAS, Section 3312.27(3), Parking Setback Line, requires a 10-foot setback for parking along undeveloped frontage, while the applicant proposes a 4-foot parking setback along West Rich Street to accommodate a parking space next to the proposed garage; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires the size of required clear vision triangles to be thirty (30) feet on each of the perpendicular sides, while the applicant proposes to reduce this to ten (10) feet on each of the two perpendicular sides along South Dakota Avenue and West Rich Street so that the proposed dwelling may match the front setback of adjacent existing dwellings per section 3356.11; and
WHEREAS, Section 3356.11, C-4 district setback lines, requires a 10-foot building setback line on the east side of West Rich Street, while applicant proposes a building setback line of approximately 5.7 feet along West Rich Street; and
WHEREAS, the Franklinton Area Commission recommends approval; and
WHEREAS, City Departments recommend approval to allow two (2) single-unit dwelling units in the C-4, Commercial District because this C-4, District has been in place since 1928. The twelve parcels within the C-4, Commercial District are used for residential uses and there is one nonconforming warehouse. The surrounding AR-1, Apartment Residential District is characterized by residential uses, thus the request is consistent with the existing development pattern. The site is within the planning area of the Franklinton Plan (2003) which recommends commercial use for the site; however the site is also within an upcoming area rezoning application that is recommended by the Franklinton Plan (2003). The proposed rezoning would change the zoning to R-2F, which would permit single-unit dwellings and would reflect the existing land uses in the area. The variances to standards are deemed minor and necessary for the proposed dwellings to fit in within the existing development pattern; 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, 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; and)
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owner of the property located at 237 SOUTH DAKOTA AVENUE (43222), 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 3356.03, C-4 Permitted uses; 3312.27(3), Parking Setback Line; 3321.05(B)(2),Vision clearance; and 3356.11, C-4 district setback lines; of the Columbus City Codes for the property located at 237 SOUTH DAKOTA AVENUE (43222), insofar as said sections prohibit single-unit dwellings with parking setbacks reduced from ten feet to four feet; with vision clearance reduced from 30 feet to 10 feet; and with the building setback reduced to 5.7 feet along West Rich Street, said property being more particularly described as follows;
Situated in the City of Columbus, County of Franklin, State of Ohio and known as being all of Lot Number 282 in the West Park Addition as shown by the recorded map in Plat Book 4, Page 264 of Franklin County Records, being further bounded and described as follows: Beginning at a 5/8" iron pin found at the intersection of the southerly line of W. Rich Street, 60 feet wide, with the westerly line of S. Dakota Avenue, 50 feet wide;
Course 1 thence along the westerly line of S. Dakota Avenue, South 08°24'05" East, a distance of 32.75 feet to a 5/8" iron pin set at its intersection with the northerly line of Lot Number 283 in said West Park Addition;
Course 2 thence along the northerly line of said Lot Number 283, South 81°35'06" West, a distance of 129.06 feet to a 5/8" iron pin set on the easterly line of a 16 foot wide Alley;
Course 3 thence along the easterly line of said Alley, North 08°23'56" West, a distance of 32.76 feet to a 5/8" iron pin set on the southerly line of W. Rich Street;
Course 4 thence along the southerly line of W. Rich Street, North 81°35'15" East, a distance of 129.06 feet to the place of beginning and containing 0.0970 acre of land according to a survey by Matthew C. Neff, Ohio Professional Surveyor #7315, of the M Neff Design Group dated April 12, 2010, be the same more or less but subject to all legal highways.
Situated in the City of Columbus, County of Franklin, State of Ohio and known as being all of Lot Number 283 in the West Park Addition as shown by the recorded map in Plat Book 4, Page 264 of Franklin County Records, being further bounded and described as follows: Beginning at a 5/8" iron pin set at the intersection of the southerly line of Lot Number 282 in said West Park Addition with the westerly line of S. Dakota Avenue, 50 feet wide, said point being southerly 32.75 feet along the easterly line of S. Dakota Avenue from the southerly line of W. Rich Street, 60 feet wide;
Course 1 thence along the westerly line of S. Dakota Avenue, South 08°24'05" East, a distance of 32.75 feet to a ¾" iron pipe found its intersection with the northerly line of Lot Number 284 in said West Park Addition;
Course 2 thence along the northerly line of said Lot Number 284, South 81°34'57" West, a distance of 129.06 feet to the easterly line of a 16 foot wide Alley, witness a ¾" iron pipe found good North and South and 0.27 feet East;
Course 3 thence along the easterly line of said Alley, North 08°23'56" West, a distance of 32.76 feet to a 5/8" iron pin set at its intersection with the southerly line of said Lot Number 282;
Course 4 thence along the southerly line of said Lot Number 282, North 81°35'06" East, a distance of 129.06 feet to the place of beginning and containing 0.0971 acre of land according to a survey by Matthew C. Neff, Ohio Professional Surveyor #7315, of the M Neff Design Group dated April 12, 2010, be the same more or less but subject to all legal highways.
NOTE: Bearings shown hereon are based on State Plane Coordinates derived from City of Columbus data. Monuments described as 5/8" iron pins set are 5/8" diameter by 30" long rebar with cap stamped 'M NEFF 7315'.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with up to one (1) single-unit dwelling per parcel or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on a commitment that the site be developed in conformance with the site plans titled, "N-13 and N-14: 237 SOUTH DAKOTA AVENUE," signed by Matthew Neff, Agent for the Applicant, dated May 24, 2010. The Subject Site shall be developed in accordance with the site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services upon submission of the appropriate data regarding the proposed adjustment.
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.