Explanation
Council Variance Application: CV09-022
APPLICANT: Breco Properties, Ltd.; c/o Donald Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Two four-family dwellings and one two-family dwelling on one lot.
UNIVERISTY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned R-2F, Residential District and is developed with two single-story four-family dwellings on one lot. The applicant requests a Council variance to replace the existing structures with two four-family dwellings and one two-family dwelling that are all two stories in height. The R-2F, Residential District allows one dwelling with a maximum of two units on each lot. Additional variances for fronting, yard standards, maneuvering, a reduction of 4 required parking spaces, and University Planning Overlay requirements as they pertain to landscaping, lot coverage, floor area and building height are included in the request. The proposed project replaces and substantially upgrades the current housing, while improving the architecture and design of the buildings to better reflect the character of neighboring homes. The proposal also serves as an appropriate transitional use between the commercial uses along North High Street and the lower density residential uses to the west.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District; 3332.19, Fronting on a public street; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.15, Maneuvering; 3342.28, Minimum number of parking spaces required; 3372.541, Landscaped area and treatment; 3372.542, Maximum lot coverage; 3372.544, Maximum floor area; and 3372.545, Height, of the Columbus City Codes, for the property located at 2471 NORTH WALL STREET (43201), to permit two four-family dwellings and a two-family dwelling on the same lot with reduced development standards in the R-2F, Residential District and to declare an emergency (Council Variance # CV09-022).
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WHEREAS, by application No. CV09-022, the owner of the property at 2471 NORTH WALL STREET (43201), is requesting a Council Variance to permit two four-family dwellings and one two-family dwelling on one lot zoned in the R-2F, Residential District with reduced development standards; and
WHEREAS, Section 3332.037, R-2F, Residential District Use, permits one single-family or one two-family dwelling on a lot, while the applicant proposes two four-family dwellings and one two-family dwelling on one lot; 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, Section 3332.19, Fronting on a public street, requires a dwelling unit to have frontage on a public street, while the applicant proposes to construct dwellings on an existing lot that fronts on an alley; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of no less than five (5) feet, while the applicant proposes a minimum side yard of 2± feet along the south property line in order to maintain the existing building foundation; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25% of the total lot area, while the applicant proposes a rear yard of approximately four percent (4%); and
WHEREAS, Section 3342.15, Maneuvering, requires twenty (20) feet of maneuvering area for ninety (90) degree parking spaces, while the applicant proposes thirteen (13) to sixteen (16) feet of maneuvering area for the surface parking spaces; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, or twenty (20) spaces, while the applicant proposes sixteen (16) parking spaces; 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 exceeds ten percent (10%) within a courtyard that is not located behind the rear of the buildings; 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 thirty-three percent (33%) 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 0.55; and
WHEREAS, Section 3372.545, Height, requires that the front principal cornice/eave of a building shall be either at a height between seventeen (17) to twenty-three (23) feet above the finished grade line; or at a height within ten percent (10%) of the average cornice/eave height, while the applicant proposes a greater than ten percent (10%) eave height due to variable site grade, but the buildings will be two (2) stories in height; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the Columbus Public Health, Healthy Places program reviews applications for active living features, and recognizes this development has included bike racks for residents or visitors that ride their bike by choice or because of limited alternatives; and
WHEREAS, City Departments recommend approval because the requested Council variance will allow a ten-unit multi-family residential development that serves as an appropriate transitional use between the commercial uses along North High Street and the lower density residential uses to the west. The proposed project also replaces and substantially upgrades the current housing, while improving the architecture and design of the buildings to better reflect the character of neighboring homes; 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 2471 NORTH WALL STREET (43201), 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 3332.037, R-2F, Residential District; 3332.19, Fronting on a public street; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.15, Maneuvering; 3342.28, Minimum number of parking spaces required; 3372.541, Landscaped area and treatment; 3372.542, Maximum lot coverage; 3372.544, Maximum floor area; and 3372.545, Height, of the Columbus City Codes, is hereby granted for the property located at 2471 NORTH WALL STREET (43201), insofar as said sections prohibit two (2) four-family dwellings and one (1) two-family dwelling on one lot, with no frontage on a public street, a reduced minimum side yard from five (5) feet to 2± feet along the south property line, a reduced rear yard from twenty-five (25) percent to 4± %, a reduced maneuvering area of thirteen (13) to sixteen (16) feet for the surface parking spaces, a reduction in the required number of parking spaces from twenty (20) spaces to sixteen (16) spaces, a 10% landscaped area that that is located in a courtyard but not behind the rear of the buildings, an increased maximum lot coverage from twenty-five percent (25 %) to thirty-three percent (33%), an increased maximum floor area ratio from 0.40 to 0.55, and the principle eave height of greater than ten percent (10%) of the average eave height for two-story buildings due to varying grade; said property being more particularly described as follows:
2471 NORTH WALL STREET (43201), being 0.41± acres located on the west side of North Wall Street, 87± feet north of Blake Avenue, and being more particularly described as follows:
Situated in the State of Ohio, in the County of Franklin, and in the City of Columbus, bounded and described as follows:
Being Part of Lot No. One (1) of BEERS ADDITION OF NORTH COLUMBUS, and described as follows:
Beginning at a point in the west side of Wall Street One Hundred and Thirty-two (132) feet from south side of Tompkins Street, and One Hundred and Eighty (180) feet from the west side of North High Street; thence in a southern direction and section of a fifteen (15) foot alley running in a eastern and western direction north of Blake Ave.; thence along north side of said alley and in a western direction 129.55 feet to a point; thence in a northern direction and parallel to the west side of Wall Street 126.23 feet to a point; thence in a easterly direction and parallel to south side of Tompkins Street thirty-seven (37) feet; thence in a northern direction and parallel to said Wall Street 2.99 feet to a point; thence in a eastern direction and parallel to south side of Tompkins Street and One Hundred Thirty-two (132) feet away from said Tompkins street, a distance of Eighty-eight (88) feet to the place of beginning. Subject to the conditions, reservations and restrictions of all former deeds.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two (2) four-family dwellings and one (1) two-family dwelling on one lot, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the registered site plan titled, "SITE PLAN - 2471 NORTH WALL STREET," dated December 30, 2009, and signed by Donald Plank, Attorney for the Applicant. The Site 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 Site Plan shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on 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. 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.