Explanation
Council Variance Application: CV12-049
APPLICANT: Historic Dennison Hotel LLC; c/o Donald Plank, Plank Law Firm; 145 East Rich St., 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Thirty-five unit apartment building.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. Ordinance No. 0746-2012 (CV12-004; 789 Dennison Avenue) was approved April 30, 2012, to conform an apartment building in the R-4, Residential District, and to allow the construction of a roof-top pavilion. The building was originally constructed as a six-story hotel that was later converted to a 39-unit apartment building. Twenty-six units with six parking spaces were approved with Ordinance No. 0746-2012, but the unit count was reduced to twenty-three after building plans were filed. This request incorporates the property immediately to the south to allow a four-story addition to 789 Dennison Avenue with twelve dwelling units and thirty-two enclosed parking spaces. The existing apartment building on that property will be demolished. The request is to allow a thirty-five unit apartment building and also includes variances for height, setback and yard standards, aisle width, and minimum number of parking spaces. A Council variance is required because the R-4, Residential District permits a maximum of four dwelling units in one building. Approval of this request will not add a new or incompatible use to the area, and results in less dwelling units with more off-street parking spaces than the original number of dwelling units on this property.
Title
To grant a variance from the provisions of Sections 3332.039, R-4, Residential district; 3309.14(A), Height districts; 3312.13(B), Driveway; 3312.49, Minimum numbers of parking spaces required; 3332.15, R-4 area district requirements; 3332.18(D), Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26(F), Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City codes, for the property located at 785 DENNISON AVENUE (43215), to permit a thirty-five (35) unit apartment building with reduced development standards in the R-4, Residential District (Council Variance # CV12-049).
Body
WHEREAS, by application No. CV12-049, the owner of property at 785 DENNISON AVENUE (43215), is requesting a Council Variance to permit a thirty-five (35) unit apartment building with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential district, prohibits more than four (4) dwelling units per building, while the applicant proposes a twelve (12) unit addition to an existing twenty-three (23) unit apartment building for use as a thirty-five (35) unit apartment building; and
WHEREAS, Section 3309.14(A), Height districts, prohibits buildings or structures exceeding 35 feet in height, while the existing building is permitted to be fifty-four (54) feet in height, and the applicant proposes the addition to be forty-two (42) feet tall; and
WHEREAS, Section 3312.13(B), Driveway, requires driveways to have a minimum width of twenty (20) feet, while applicant proposes driveway widths of 14 feet (east side) and 18 feet (west side) of the proposed addition for access to Dennison Avenue and Hunter Avenue, respectively, and the entrances from the driveways to the enclosed parking levels will be through eight (8) foot wide and sixteen (16) foot wide overhead doors, respectively; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, or fifty-three (53) spaces for a thirty-five (35) unit apartment building, while the applicant proposes thirty-two (32) parking spaces; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires that a dwelling containing three (3) or four (4) dwelling units shall be situated on a lot with an area which equals or exceeds 2,500 square feet of lot area per dwelling unit, while applicant proposes a twelve (12) unit addition to a twenty-three (23) unit apartment building on a 23,435.6± square foot lot, totaling 669.5 square feet of lot area per dwelling unit; and
WHEREAS, Section 3332.18(D), Basis of computing area, prohibits buildings from occupying more than fifty (50) percent of the lot area, while the applicant proposes a lot coverage of approximately sixty-four (64) percent for the existing building proposed addition; and
WHEREAS, Section 3332.21, Building lines, requires a 25-foot setback from Dennison Avenue, while the applicant proposes to maintain the existing building line of 23.5 feet; and
WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard shall equal or exceed twenty (20) percent of the width of the lot, provided that not more than sixteen (16) feet need be so devoted, while the applicant proposes a maximum side yard of 8.11 feet; and
WHEREAS, Section 3332.26(F), Minimum side yard permitted, requires a side yard of no less than one-sixth of the height of the building for buildings over two and one-half stories in height, or nine (9) feet for a building that varies in height between forty-two (42) feet and fifty-four (54) feet, while the applicant proposes to maintain a minimum side yard of 1.76 feet along the north property line for the existing building, and 6.35 feet along the south property line for the addition; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes a 3.4 percent rear yard; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances because the proposal will not add a new or incompatible use to the area, and results in less dwelling units with more off-street parking spaces than the original number of dwelling units on this property; 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 785 DENNISON AVENUE (43215), 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 3332.039, R-4, Residential district; 3309.14(A), Height districts; 3312.13(B), Driveway; 3312.49, Minimum numbers of parking spaces required; 3332.15, R-4 area district requirements; 3332.18(D), Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26(F), Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City codes, is hereby granted for the property located at 785 DENNISON AVENUE (43215), in so far as said sections prohibit a thirty-five (35) unit apartment building in the R-4, Residential District, with an increased building height of fifty-four (54) feet for the existing building, and forty-two (42) feet for the proposed addition, a reduced driveway width which varies between fourtee (14) feet and eighteen (18) feet as shown on the site plan, a parking space reduction of twenty-one (21) required spaces, a reduction in the required lot area to 669.5 square feet per dwelling, an increased lot coverage of sixty-four (64) percent, a reduced building line of 23.5 feet, a reduced maximum side yard of 8.11 feet, a reduced minimum side yard of 1.76 feet along the north property line, and 6.35 feet along the south property line, and a reduced rear yard of 3.4 percent, , said property being more particularly described as follows:
785 DENNISON AVENUE (43215), being 0.49± acres located on the west side of Dennison Avenue, 71± feet north of Buttles Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and City of Columbus:
Being the south three (3) feet of Lot Number 61, all of Lot Numbers 62 and 63, inclusive, and the north 13.83 feet of Lot 64, of Jane M. Neil's and Robert E. Neil's Neil Place Addition, as the same are numbered and delineated on the recorded plat thereof, of record in Plat Book No. 3, Page 362 and 363, Recorder's Office, Franklin County, OH.
AND the following tract:
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of Jane M. Neil's and Robert E. Neil's Neil Place Addition, as the same are numbered and delineated on the recorded plat thereof, of record in Plat Book No. 3, Page 362 and 363 and being that tract of land conveyed to Frederick J. and Marie M. Simon by deed of record in Deed Book 2899, Page 594, all references being to those records of the Office of Recorder, Franklin County, Ohio, unless otherwise noted and being more particularly bounded and described as follows:
Commencing at the intersection of the westerly line of Dennison Avenue (60 feet wide) and the northerly line of Buttles Avenue (70 feet wide) and said intersection being the southeasterly corner of Lot 65;
Thence with the westerly line of Dennison Avenue and the easterly line of Lot 65, North 03 degrees 19 minutes 16 seconds East, 27.00 feet to a nail found at the southeasterly corner of said Simon tract and said nail being THE TRUE POINT OF BEGINNING of the following herein described tract;
Thence across said Lot 65 and with the lines between said Simon tract and the tract conveyed to Larry J. Kasper by Deed Book 3676, Page 259, the following three (3) courses:
1) North 87 degrees 05 minutes 00 seconds West, 61.17 feet to an iron pin set;
2) North 03 degrees 19 minutes 16 seconds East, 3.17 feet to an iron pin set;
3) North 87 degrees 05 minutes 00 seconds West, 88.83 feet to an iron pin found in the westerly line of said Lot 65 and the easterly line of Hunter Avenue (25 feet wide);
Thence with the easterly line of Hunter Avenue and part of the westerly line of said Lot
65 and part of the westerly line of Lot 64, North 03 degrees 19 minutes 00 seconds East, 41.00 feet to an iron pin found at the southwesterly corner of the tract conveyed to Thomas J. and Rita S. Fortin and Samuel J. and Mary L. Tamburo by Official Record 6991 A-08 and the northwesterly corner of said Simon Tract;
Thence across Lot 64 and with the southerly line of said Fortin and Tamburo tract and the northerly line of said Simon tract, South 87 degrees 05 minutes 00 second East, 150.00 feet to a mag nail set in the easterly line of said Lot 64 and the westerly line of Dennison Avenue;
Thence with said westerly line and the easterly line of said Simon Tract, South 03 degrees 19 minutes 16 seconds West, 44.17 feet to the place of beginning, CONTAINING 0.486 ACRES (21,184.26 square feet), subject however, to all easements and restrictions of record.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a thirty-five (35) unit apartment building, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the Plans titled, "ADDITION TO THE HISTORIC DENNISON HOTEL, SHEETS L101 & L103," dated November 28, 2012, drawn by Schooley Caldwell Associates, and signed by Donald Plank, Attorney for the Applicant. 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 adjustments to the plans shall be subject to review and approval 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 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.