Explanation
Council Variance Application: CV19-060
APPLICANT: Station 324, LLC; c/o Dave Perry, Agent; David Perry Company, Inc.; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
ITALIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #2884-2019; Z19-041) to the AR-2, Apartment Residential District. The site is developed with a multi-unit residential development previously permitted by a Council variance (Ordinance #0986-2018; CV17-068). This Council variance will conform the existing conditions of the development on site as there will be additional development standards associated with the newly-established AR-2, Apartment Residential District. Variances for reduced parking and building setbacks along East Second Avenue, and for reduced perimeter yard are included in this request. Staff recognizes that these variances allow the development to contribute to the traditional and established building pattern of this urban corridor.
Title
To grant a Variance from the provisions of Sections 3312.27, Parking setback line; 3333.18, Building lines; and 3333.255, Perimeter yard; of the Columbus City Codes; for the property located at 324 E. 2ND AVE. (43201), to permit a multi-unit residential development with reduced development standards in the AR-2, Apartment Residential District, and to repeal Ordinance #0986-2018, passed April 16, 2018 (Council Variance #CV19-060).
Body
WHEREAS, by application #CV19-060, the owner of property at 324 E. 2ND AVE. (43201), is requesting a Council variance to permit a multi-unit residential development with reduced development standards in the AR-2, Apartment Residential District; and
WHEREAS, Section 3312.27, Parking setback line, requires a minimum parking setback line of 25 feet along East Second Avenue, while the applicant proposes a parking setback line of 10 feet; and
WHEREAS, Section 3333.18, Building lines, requires a building setback line of 25 feet along East Second Avenue, while the applicant proposes a building line of not less than 2.75 feet; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes reduced perimeter yards along the north, east and west property lines of 0-4.5 feet, 0-3 feet, and 5-18 feet, respectively, as depicted on the Site Plan; and
WHEREAS, the Italian Village Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances as they conform the existing multi-unit residential development. Staff recognizes that the variances contribute to the traditional and established urban building pattern along East Second Avenue; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a 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 324 E. 2ND AVE. (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 3312.27, Parking setback line; 3333.18, Building lines; and 3333.255, Perimeter yard; of the Columbus City Codes, is hereby granted for the property located at 324 E. 2ND AVE. (43201), insofar as said sections prohibit a reduced parking setback from 25 feet to 10 feet along East Second Avenue; a reduced building setback line from 25 feet to 2.75 feet along East Second Avenue; and a reduced perimeter yard from 25 feet to 0-4.5 feet, 0-3 feet, and 5-18 feet along the north, east, and west property lines respectively; said property being more particularly described as follows:
324 E. 2ND AVE. (43201), being 4.23± acres located at the northeast corner of East Second Avenue and East Alley, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Section 4, Township 5, Range 22, Refugee Lands, and being part of the remainder of a 5.486 acre tract conveyed to Jana Holdings, LLC as described in Instrument Number 2011104220052853, and all of a 2.767 acre tract conveyed to Jana Holdings, LLC as described in Instrument Number 201104220052852, all records being of the Recorder’s Office, Franklin County, Ohio;
BEGINNING at the southwest corner of said 2.767 acre tract, being at the intersection of the northerly right-of-way line of E. Second Avenue (60’) and the easterly right-of-way of a 12 foot alley, said alley being the first alley east of North Sixth Street;
Thence along the west line of said 2.767 acre tract and the easterly right-of-way line of said 12 foot alley, North 3 degrees 36 minutes 30 seconds East, 405.50 feet to the northwest corner of said 2.767 acre tract, being in the center line of East Third Avenue, said point in said center line also being the point of termination of said East Third Avenue;
Thence along the north line of said 2.767 acre tract and the centerline of East Third Avenue projected easterly, South 86 degrees 46 minutes 11 seconds East, 299.23 feet to the northeast corner of said 2.767 acre tract;
Thence along the east line of said 2.767 acre tract, South 3 degrees 21 minutes 15 seconds West, 30.09 feet to the an angle point in the east line of said 2.767 acre tract, and being in the north line of the remainder of said 5.486 acre tract;
Thence along the north line of the remainder of said 5.486 acre tract, South 86 degrees 39 minutes 11 seconds East, 166.73 feet to the northeast corner of the remainder of said 5.486 acre tract;
Thence along the east line of the remainder of said 5.486 acre tract, South 3 degrees 30 minutes 38 seconds West, 375.53 feet to the southeast corner of the remainder of said 5.486 acre tract, being in the northerly right-of way line of E. Second Avenue;
Thence along the south line of the remainder of said 5.486 acre tract, the south line of said 2.767 acre tract, and the northerly right-of-way line of E. Second Avenue, North 86 degrees 42 minutes 43 seconds West, 466.73 feet to the POINT OF BEGINNING, CONTAINING 4.228 ACRES, 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 as a 196-unit apartment complex, or those uses permitted in the AR-2, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the site plan titled, "ZONING SITE PLAN," signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, dated October 23, 2019. The plans 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 adjustment to the plan shall be reviewed and may be approved by the Director of the Department of 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 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.
SECTION 6. That Ordinance #0986-2018, passed April 16, 2018, be and is hereby repealed.