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File #: 1545-2010    Version: 1
Type: Ordinance Status: Passed
File created: 10/20/2010 In control: Zoning Committee
On agenda: 11/8/2010 Final action: 11/10/2010
Title: To grant a Variance from the provisions of Sections 3363.01, M-Manufacturing district; 3312.13(A), Driveway; 3312.25, Maneuvering; 3312.27(3), Parking setback line; 3312.29, Parking space; and 3363.24(F), Building lines in an M-Manufacturing district, of the Columbus City Codes; for the property located at 771 SOUTH FRONT STREET (43206), to permit four dwelling units (a three-unit dwelling and a single-unit dwelling) with reduced development standards in the M, Manufacturing District (Council Variance # CV03-031).
Attachments: 1. ORD1545-2010Attachments.pdf, 2. ORD1545-2010Labels.pdf, 3. ORD1545-2010DataSheet.pdf, 4. Notice Of Public Hearing - Council Mtg.pdf
Explanation
 
Council Variance Application: CV03-031
 
APPLICANT:  Bank Street Ventures, LLC; c/o Daniel H. Schoedinger, Atty.; Vorys, Sater, Seymour and Pease LLP; P.O. Box 1008; Columbus, Ohio 43216.
 
PROPOSED USE:  Four dwelling units (a three-unit dwelling and a single-unit dwelling).
 
BREWERY DISTRICT COMMISSION RECOMMENDATION:   Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:   Approval.  The applicant proposes to redevelop the property with a four dwelling units (a three-unit dwelling and a single-unit dwelling).  Council variances for similar residential projects in the area have been approved in the past several years.  The suburban oriented zoning code makes redevelopment impractical and would result in inappropriate development for the area; therefore Staff recognizes this Council variance request as more appropriate than a rezoning of the property.   The proposal includes a use variance and dimensional variance requests for driveway width, setbacks, stacked parking spaces, and maneuvering.  Staff is supportive of the request which will not introduce an incompatible use to the area.  The site lies within the Southern Tier of The Brewery District Plan (1992), which supports the preservation and enhancement of mixed residential and low intensity commercial uses.  
 
Title
 
To grant a Variance from the provisions of Sections 3363.01, M-Manufacturing district; 3312.13(A), Driveway; 3312.25, Maneuvering; 3312.27(3), Parking setback line; 3312.29, Parking space; and 3363.24(F), Building lines in an M-Manufacturing district, of the Columbus City Codes; for the property located at 771 SOUTH FRONT STREET (43206), to permit four dwelling units (a three-unit dwelling and a single-unit dwelling) with reduced development standards in the M, Manufacturing District (Council Variance # CV03-031).
 
Body
 
WHEREAS, by application No. CV03-031, the owner of property at 771 SOUTH FRONT STREET (43206), is requesting a Council variance to permit a four dwelling units with reduced development standards in the M, Manufacturing District; and
 
WHEREAS, Section 3363.01, M-Manufacturing district, prohibits a residential uses, while the applicant proposes to redevelop the property with four dwelling units; and
 
WHEREAS, Section 3312.13(A), Driveway, requires a 20-foot maximum driveway width for residential parking areas containing one to eight parking spaces, while the applicant proposes a driveway that varies in width from 20 feet to 39 feet 8 inches as shown on the Site Plan; and
 
WHEREAS, Section 3312.25, Maneuvering, requires every parking space to have sufficient maneuvering area anywhere on a lot except for between the street right-of-way line and the parking setback line, while the applicant proposes to allow maneuvering for 2 parking spaces in the Bank Street right-of-way; and
 
WHEREAS, Section 3312.27(3), Parking setback line, requires a 10-foot setback for parking along undeveloped frontage, while the applicant proposes a 0-foot parking setback along Bank Street; and
 
WHEREAS, Section 3312.29, Parking space, allows stacked parking for only single-family and two-family dwellings, while the applicant proposes one stacked parking space behind another parking space as shown on the Site Plan; and
 
WHEREAS, Section 3363.24(F), Building lines in an M-Manufacturing district, requires an average of the building lines of the contiguous parcels, or 13.75± feet along South Front Street, while the applicant proposes a 3± foot building line along South Front Street; and
 
WHEREAS, the Brewery District Commission recommends approval; and  
 
WHEREAS, City Departments recommend approval and note a hardship exists because the existing M, Manufacturing District is inappropriate as the area redevelops, and the suburban-oriented zoning code does not sufficiently provide for urban residential development as proposed.  Staff is supportive of the request which will not introduce an incompatible use to the area.  The site lies within the Southern Tier of The Brewery District Plan (1992), which supports the preservation and enhancement of mixed residential and low intensity commercial uses; 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 771 SOUTH FRONT STREET (43206), 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 3363.01, M-Manufacturing district; 3312.13(A), Driveway; 3312.25, Maneuvering; 3312.27(3), Parking setback line; 3312.29, Parking space; and 3363.24(F), Building lines in an M-Manufacturing district, of the Columbus City Codes, is hereby granted for the property located at 771 SOUTH FRONT STREET (43206), insofar that said sections prohibit four dwelling units (a three-unit dwelling and a single-unit dwelling) in the M, Manufacturing District, with a driveway that varies in width from 20 feet to 39 feet 8 inches, maneuvering for 2 parking spaces in the Bank Street right-of-way, a 0-foot parking setback along Bank Street, stacked parking for 2 required parking spaces, and a 3± foot building line along South Front Street; said property being more particularly described as follows:
 
771 SOUTH FRONT STREET (43206), being 0.19± acres located on the east side of South Front Street, 219± feet north of Kossuth Street, being more particularly described as follows:
 
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number One Hundred Seventy-Four (174) in C. F. Jaeger's 22nd Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 2, page 335, Recorder's Office, Franklin County, Ohio.
 
Parcel Number:  010-057887
Address: 771 South Front Street, Columbus, Ohio 43206
 
SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for four dwelling units (a three-unit dwelling and a single-unit dwelling), or those uses permitted in the M, Manufacturing District.
 
SECTION 3.  That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, "771 DEVELOPMENT," drawn by Urban Design LLC, dated October 18, 2010, and signed by William J. Schottenstein, Bank Street Ventures, LLC.  The plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed.  Any slight adjustments to the plan shall be subject to review and approval by the Director of the Department Building and Zoning Services, or a 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.