Explanation
Council Variance Application: CV06-003
APPLICANT: David N. Phillips; 5478 Glasgow Place; Columbus, Ohio 43201.
PROPOSED USE: To conform an existing building with office, retail and residential uses in the ARLD, Apartment Residential District.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow a building with existing retail, office and residential uses, with reduced development standards, to be conforming in the ARLD, Apartment Residential District. The building has 1,000 square feet utilized for office uses, 1,000 square feet utilized for retail uses, and 4,400 square feet utilized for four (4) dwelling units. Approval of this request would allow for replacement of the current structure, within the current footprint, if it is destroyed by 50% or more. It would also provide additional flexibility for the owner, allowing the 2,000 square feet of retail and office space to be utilized for any combination of retail or office uses, depending on the market in the area. Approval of this request will not introduce a new or incompatible use into the neighborhood.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 Apartment Residential District use; 3333.11, ARLD area district requirements; 3333.15(c), Basis of computing area; 3333.18F, Building lines; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; 3333.24, Rear yard; 3333.27(b), Vision clearance; 3342.19, Parking space; 3342.23, Striping and Marking; 3342.24, Surface and 3342.28, Minimum number of parking spaces required, for the property located at 936-938 DENNISON AVENUE (43201), to conform an existing building with office, retail and residential uses in the ARLD, Apartment Residential District (Council Variance # CV06-003).
Body
WHEREAS, by application No. CV06-003, the owner of property at 936-938 DENNISON AVENUE (43201), is requesting a Council variance to conform an existing building with office, retail and residential uses in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 Apartment Residential District use, prohibits office and retail uses, while the applicant proposes to maintain the existing 2,000 square feet of office and retail uses on the first floor of the building; and
WHEREAS, Section 3333.11, ARLD area district requirements, requires a lot area of 6,000 square feet for a four family apartment building , while the existing lot is 5,154.93 square feet; and
WHEREAS, Section 3333.15(c), Basis of computing area, permits maximum lot coverage of 50%, while the existing building covers 67.3% of the lot; and
WHEREAS, Section 3333.18F, Building lines, allows a minimum building line of ten (10) feet, while the existing building has a zero (0) foot building line along Dennison and Price Avenue; and
WHEREAS, Section 3333.22, Maximum side yard required, requires the maximum sum of the widths of the side yards to be 8.38 feet, while the existing building has a side yard of 0.25 feet; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a minimum side yard of five (5) feet, while the existing building has a side yard of 0.25 feet; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than 25% of the total lot area, while the developed site has 7.75% of the lot as a rear yard for an existing parking and loading spaces; and
WHEREAS, Section 3333.27(b), Vision clearance, requires clear vision at intersections, while the applicant proposes to maintain no clear vision triangle for the existing building at the intersection of Dennison and Price Avenues; and
WHEREAS, Section 3342.19, Parking spaces, prohibits stacked parking for buildings with more than 2 dwelling units, while the applicant proposes to maintain the three (3) stacked parking spaces for a building with four (4) existing dwelling units and existing office and retail uses; and
WHEREAS, Section 3342.23, Striping and marking, requires striping for parking spaces, while the applicant proposes to maintain the existing parking lot without striping; and
WHEREAS, Section 3342.24, Surface, requires a hard surface other than gravel, while the applicant proposes to maintain the existing parking lot with a gravel surface; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires eight (8) parking spaces for the existing office and retail uses and eight (8) spaces for the four (4) existing dwelling units, for a total of 16 spaces, while the applicant proposes to maintain the existing six (6) parking spaces; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because the approval of this request will not introduce a new or incompatible use into the neighborhood. This variance will allow a building with existing retail, office and residential uses, with reduced development standards, to be conforming in the ARLD, Apartment Residential District. The building has 1,000 square feet utilized for office uses, 1,000 square feet utilized for retail uses, and 4,400 square feet utilized for four (4) dwelling units. Approval of this request would allow for replacement of the current structure, within the current footprint, if it is destroyed by 50% or more. It would also provide additional flexibility for the owner, allowing the 2,000 square feet of retail and office space to be utilized for any combination of retail or office uses, depending on the market in the area; 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 936-938 DENNISON AVENUE (43201), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 Apartment Residential District use; 3333.11, ARLD area district requirements; 3333.15(c), Basis of computing area; 3333.18F, Building lines; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; 3333.24, Rear yard; 3333.27(b), Vision clearance; 3342.19, Parking space; 3342.23, Striping and Marking; 3342.24, Surface and 3342.28, Minimum number of parking spaces required, is hereby granted for the property located at 936-938 DENNISON AVENUE (43201), insofar as said sections prohibit a building containing 2,000 square feet of office and retail uses on the first floor and four (4) dwelling units on a 5,154.93 square foot lot with 67.3% lot coverage, a zero (0) foot building line, a maximum side yard of 0.25 feet, a minimum side yard of 0.25 feet, a rear yard of 7.75% utilized for existing parking and loading spaces, no vision clearance, stacked parking, no parking space striping, a gravel parking lot surface and a reduction in required parking spaces from 16 to six (6) parking spaces, said property being more particularly described as follows:
936-938 DENNISON AVENUE (43201), being 0.12± acres located at the southeast corner of Dennison and Price Avenues, being more particularly described as follows:
David N. & Ann Marie Phillips
Legal Description of Property
Being Lot Number Nineteen (19) and three (3) inches off the north side of Lot Number Eighteen (18), in STEWART & GREENERS' SUBDIVISION as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 78, Recorder's Office, Franklin County, Ohio.
Known as 936-938 Dennison Avenue, Columbus, Ohio
Parcel No. 010-012844
Source of Title: O.R. 24408-J-15
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for office and/or retail uses, or those uses permitted in the ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned to be consistent with the site plan titled, "FINAL PLAN," signed by David N. Phillips, applicant, and dated March 20, 2006. Any slight adjustment 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 shall take effect and be in force from and after the earliest period allowed by law.