Explanation
APPLICANT: Eleventh Avenue Properties Ltd; c/o Donald T. Plank, Atty; Plank Law Firm; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: To construct up to 17 dwelling units on one parcel with reduced development standards.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is applying for a Council variance to construct up to 17 dwelling units for a density of 32.7 units per acre. The site currently consists of five single-unit dwellings and one two-unit dwellings for a density of 13.46 units per acre. The applicant must seek a Council variance because the R-2F only allows one and two-unit dwellings at a maximum density of 14.5 dwelling units per acre. Given that the existing structures will be demolished, Staff finds no hardship to warrant the use of the Council Variance. Staff still maintains that the zoning map should reflect what the development actually is and that this is more like a development in the AR-1 district than the R-2F district. That being said, the development would replace six buildings in various stages of dilapidation, most of which lack off-street parking. The new development would meet the parking requirements of the Zoning Code, thereby improving the parking situation and would replace 6 dilapidated buildings with a several new structures.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District Use; 3312.21, Landscaping and screening; 3321.05(B) (2), Vision clearance; 3332.19, Fronting on a public street; 3332.21, Building lines; 3332.27, Rear yard; 3372.541, Landscaped area and treatment; 3372.542, Maximum lot coverage and 3372.544, Maximum floor area of the Columbus City Codes for property located at 2482 NEIL AVENUE (43201), to allow up to 17 dwelling units on one parcel in the R-2F, Residential District with reduced development standards. (Council Variance # CV10-032)
Body
WHEREAS, by application No. CV10-032, the owner of property at 2482 NEIL AVENUE (43202), is requesting a Council variance to permit one (1) two-unit dwelling, two (2) four-unit dwellings and one (1) seven unit dwelling on the same parcel in the R-2F, Residential District with reduced development standards; and
WHEREAS, Section 3332.037, R-2F, Residential District Use, permits up to two dwelling units in a building, while the applicant proposes to permit one (1) two-unit dwelling, two (2) four-unit dwellings and one (1) seven unit dwelling on the same parcel; and
WHEREAS, Section 3312.21, Landscaping and screening, requires interior tree planting for parking lots with ten (10) or more parking spaces, while the applicants will provide trees and landscaping along the perimeter of the parking lot; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires that a thirty (30) foot clear vision triangle shall be maintained on each residential lot adjacent to a street intersection, while the applicant proposes to encroach with porch columns five (5) feet into the clear vision triangle at the intersection of West Tompkins Avenue and Neil Avenue as shown on the Site Plan; and
WHEREAS, Section 3332.19, Fronting on a public street, requires a principal building to have frontage on a public street, while the applicant proposes the southern two family dwelling to front on Bucks Alley; and
WHEREAS, Section 3332.21, Building lines, requires a minimum setback of 10 feet, while the applicant proposes to allow a four (4) foot setback for the building at the corner of Neil Avenue and West Tompkins Avenue as depicted on the site plan; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five percent (25%) of the total lot area, while the applicant proposes a multi-building development and the rear yard cannot be accurately calculated, so for purposes of Section 3332.27, Rear Yard is reduced to zero (0) percent but development is conditioned upon the submitted site plan; and
WHEREAS, Section 3372.541, Landscaped area and treatment, requires at least ten percent (10%) of the lot area behind the most rear portion of the buildings to be planted and maintained with grass and/or other live vegetation, while the applicant proposes a landscaped area that of 3.2% in this area; and
WHEREAS, Section 3372.542, Maximum lot coverage, requires that a building or combination of buildings shall cover no more than twenty-five percent (25%) of the lot area, while the applicant proposes forty percent (40%) lot coverage; and
WHEREAS, Section 3372.544, Maximum floor area, requires a maximum calculated floor area ratio (F.A.R) of not greater than 0.40, while the applicant proposes to a floor area ratio of 0.59; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the development would replace six buildings in various stages of dilapidation, most of which lack off-street parking. The new development would provide meet the parking requirements of the Zoning Code improving the parking situation; 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 owners of the property located at 2482 NEIL AVENUE (43202), in using said property as desired; now, therefore:
DESCRIPTION OF A 0.616 ACRE TRACT
LYING SOUTH OF TOMPKINS STREET
AND EAST OF NEIL AVENUE
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Lots 1 and 18 of North Columbus Addition, of record in Plat Book 1, Page 54, and being all of the tracts of land conveyed to Mark E. and Jacqueline A. Devine, of record in Official Records 8466F03, 8466E20, and 28202J06, the tract conveyed to Garland Group III, Ltd., of record in Instrument Number 200504140069822, the tract conveyed to Garland Properties, Ltd, of record in Instrument Number 200908110117870, and the tract conveyed to North Village Ltd., of record in Instrument Number 201004020039738, records of the Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
Beginning at a 3/4 inch iron pin found at the intersection of the southerly right-of-way line of Tompkins Street (60 feet wide) and the easterly right-of-way line of Neil Avenue (60 feet wide), being the northwesterly corner of said Lot 18;
Thence North 78º 36' 25" East, a distance of 125.84 feet, (passing 3/4" iron pins found at distances of 48.28 and 90.81 feet) along the southerly right-of-way line of said Tompkins Street, and the northerly line of said Lot 18, to a 3/4" iron pin found at the northwesterly corner of the tract conveyed to Garland Group III, Ltd., of record in Instrument Number 200504140069824;
Thence along the westerly line of said Garland Group III, Ltd. tract, and across said Lots 18 and 1, the following courses:
South 11º 10' 18" East, a distance of 83.90 feet, to an iron pin set;
South 78º 58' 57" West, a distance of 3.00 feet, to an iron pin set;
South 11º 10' 18" East, a distance of 40.00 feet, to an iron pin set;
North 78º 58' 57" East, a distance of 3.00 feet, to a 3/4" iron pin capped "Myers" found;
Thence South 11º 10' 18" East, a distance of 107.97 feet, along the westerly line of said Garland Group III, Ltd. tract, and the westerly line of the tract conveyed to BG NO H TWO, LTD., of record in Instrument Number 200911100162178, to a 3/4" iron pin found in the northerly right-of-way line of Bucks Alley (15 feet wide), being the southerly line of said Lot 1;
Thence North 86º 12' 12" West, a distance of 129.55 feet, along the northerly line of said Bucks Alley, and the southerly line of said Lot 1, to a 3/4" iron pin found at the intersection of the northerly right-of-way line of said Bucks Alley and the easterly right-of-way line of said Neil Avenue, being the southwesterly corner of said Lot 1;
Thence North 11º 22' 10" West, a distance of 197.93 feet, along said easterly right-of-way line, and the westerly line of said Lots 1 and 18, to the Point of Beginning, containing 0.616 acres, more or less, and being subject to all easements, restrictions and rights-of-way of record.
The bearings in the above description are based on the Ohio State Plane Coordinate System, South Zone (NAD83), with a bearing of North 78° 36' 25" East for the southerly right-of-way line of Tompkins Street.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That a variance from the provisions of Sections 3332.037, R-2F, Residential District Use; 3312.21, Landscaping and screening; 3321.05(B) (2), Vision clearance; 3332.19, Fronting on a public street; 3332.21, Building lines; 3332.27, Rear yard; 3372.541, Landscaped area and treatment; 3372.542, Maximum lot coverage and 3372.544, Maximum floor area, of the Columbus City Codes for property located at 2482 NEIL AVENUE (43202), insofar as said section prohibit seventeen dwelling units consisting of one (1) two-unit dwelling, two (2) four-unit dwellings and one (1) seven unit dwelling on the same parcel and required parking without required interior parking lot islands and trees, with porch columns encroaching 5 feet into the 30 foot clear vision triangle at the corner of West Tompkins and Neil Avenues, with one two-unit dwelling fronting on an Alley instead of a public street, with a building line reduced to as little as 4 feet where 10 feet would be required per the site plan, with a rear yard of 0% while 25% is required, with 3.2% of the lot area being landscaped and located behind the rear most portion of the principal building where 10% is required, with buildings covering 40% of the parcel while 25% is the maximum coverage and with a floor area ration of 0.59. where 0.40 is the maximum allowed, said property being more particularly described as follows:
Situate in the State of Ohio, County of Franklin, and in the City of Columbus, and being as described as follows:
Lot Number 5 & 6, John W. Constan's Addition, an addition in Franklin County, Ohio, according to the map or plat of record in Plat Book 3, Page 58, of Franklin County, Ohio.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for one (1) two-unit dwelling, two (2) four-unit dwellings and one (1) seven unit dwelling on the same parcel, or those uses permitted in the R-2F, Residential District.
Section 3. That this ordinance is further conditioned on the applicant obtaining approval of exterior building elevations by the University Area Review Board (UARB) prior to submittal for building permit.
Section 4. That this ordinance is further conditioned on the applicant providing Street trees (2" caliper) along both West Tompkins Street and Neil Avenue at the rate of 35 feet +/- on center, exclusive of required clear vision areas. Street tree type and planting location to be determined by the City Forester. There is an existing 8 inch +/- caliper maple tree in the West Tompkins Avenue right of way toward the east side of 55 West Tompkins Avenue (PID: 010-027467) which is to remain and will be used in determining planting locations for the additional street trees to be planted.
Section 5. That this ordinance is further conditioned on the Applicant providing a landscaping easement for the 40' x 3' area of the east property line in conjunction with the final site compliance plan review and a uniform five (5) foot wide landscaping strip along the east side of the parking lot.
Section 6. That this ordinance is further conditioned on the that each pair of stacked parking spaces, being one interior parking space blocked by a second parking space behind the interior space, be assigned to the same dwelling unit. On the final site compliance plan, applicant will note which spaces are assigned to which unit and shall comply with the requested assignment of spaces.
Section 7. That this ordinance is further conditioned on the site being developed in conformance with the plan titled "2482 Neil Avenue" (Sheet 1 of 1) dated and signed June 7, 2012 by Donald Plank, Attorney for Applicant, as the site development plan for the site. The site plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time final development and engineering plans are completed. Any slight adjustment to the site plan shall be reviewed and may be approved by the Director of the Building and Zoning Services Department or his or her designee upon submission of the appropriate data regarding the proposed adjustment.
Section 8. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.