Explanation
Council Variance Application: CV03-023
APPLICANT: Ohio Capital Corporation for Housing; 88 East Broad Street;, Ste. 1800; Columbus, Ohio 43215.
PROPOSED USE: Maintenance facility and parking lots.
.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a vacant warehouse building and several parking lots, and is comprised of six separate tax parcels. The requested variance would permit refurbishing of the existing 1907 warehouse building into a maintenance facility for a property management office located south of the site across an alley and fronting on East Broad Street, and would allow the existing parking lots. The variance request incorporates parking lot improvements, landscaping and lighting controls, and includes reduced development standards to conform existing situations such as lot coverage, side yards, rear yard, and building setbacks while maintaining the character of the surrounding neighborhood. A hardship exists in that a variance is necessary to permit reuse of the existing vacant warehouse building in a manner sensitive to the character of the surrounding residential neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District use; 3332.18 (D), Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.28, Side or rear yard obstruction; 3342.13 (b) Loading space; 3342.15, Maneuvering; 3342.17, Parking lot screening; and 3342.29 B, Minimum number of loading spaces required; for the property located at 933 EAST GAY STREET (43205), to permit a maintenance facility and parking lots for an adjacent property management office with reduced development standards in the R-2F, Residential District and to declare an emergency. (Council Variance # CV03-023) (REPEALED BY ORD.0605-2016;PASSED 3/21/16)
Body
WHEREAS, by application #CV03-023, the owner of property at 933 EAST GAY STREET (43205), is requesting a Variance to permit a maintenance facility and parking lots with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential District use, does not permit commercial/industrial uses and parking, while the applicant proposes to refurbish a warehouse building that has existed since 1907 into a maintenance facility, and to keep existing parking lots for a property management office located to the south of the site on East Broad Street; and
WHEREAS, Section 3332.18 (D), Basis of computing area, requires that no dwelling shall occupy greater than fifty (50) percent of the lot area, while the applicant proposes no dwelling and will maintain the existing nonconforming lot coverage of the building and parking areas as depicted on the site plan; and
WHEREAS, Section 3332.21, Building lines, requires a the setback to be the average distance of building setbacks on contiguous lot or parcels, but in no case less than ten (10) feet, while the applicant proposes to maintain a zero (0) foot building line along East Gay Street; 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 to reduce the maximum side yard from 16 feet to the present 15.6 feet for the maintenance building; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes the present 1.5 foot side yard along the east property line for the existing 10-foot fence; 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 no rear yard; and
WHEREAS, Section 3332.28, Side or rear yard obstruction, requires the area in a required side or rear yard to be open and unobstructed from the established grade to the sky, while the applicant proposes to obstruct the required side and rear yards; and
WHEREAS, Section 3342.13 (b), Loading space, requires the size of a loading space to have dimensions of not less than fifty (50) feet in length, while the applicant proposes forty (40) feet; and
WHEREAS, Section 3342.15, Maneuvering, requires that a loading space have sufficient maneuvering area, while the applicant proposes to use only the twenty (20) feet of the alley along the east property line for maneuvering; and
WHEREAS, Section 3342.17, Parking lot screening, requires screening of commercial parking lots within eighty feet of residentially zoned property to an opacity of not less than 75 %, while the applicant proposes to provide fencing and plantings that have an opacity of less than 75%; and
WHEREAS, Section 3342.29 B, Minimum number of loading spaces required, requires a 12,000 square-foot warehouse building to have two (2) loading spaces, while the applicant proposes only one (1) loading space; and
WHEREAS, this variance will permit the conversion of a warehouse building that has existed since 1907 into a maintenance building, and will allow existing parking lots for an adjacent property management office; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the requested variance would permit refurbishing of the existing 1907 warehouse building into a maintenance facility for a property management office located south of the site across an alley and fronting on East Broad Street, and would allow the existing parking lots. The variance request incorporates parking lot improvements, landscaping and lighting controls, and includes reduced development standards to conform existing situations such as lot coverage, side yards, rear yard, and building setbacks while maintaining the character of the surrounding neighborhood. A variance is necessary to permit reuse of the existing vacant warehouse building in a manner sensitive to the character of the surrounding residential neighborhood; 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 933 EAST GAY STREET (43205), in using said property as desired and; now, therefore:
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to pass this ordinance as an emergency measure because of the pressing contractual obligations of Ohio Capital Corporation For Housing related to the subject property of the ordinance for the preservation of the public health, peace, property, safety, and welfare; 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 use; 3332.18 (D), Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.28, Side or rear yard obstruction; 3342.13 (b), Loading space; 3342.15, Maneuvering; 3342.17, Parking lot screening; and 3342.29 B, Minimum number of loading spaces; for the property located at 933 EAST GAY STREET (43205), insofar as said sections prohibit a maintenance facility and parking lots with a greater than 50% lot coverage, a 0-foot building setback, a reduced maximum side yard form 16 feet to 15.6 feet, reduced minimum side yard from 5 feet to 2 feet, no rear yards, side and rear yard obstruction, a loading space with a reduced length form 50 feet to 40 feet, loading space maneuvering of only 20 feet, parking lot screening with opacity of less than 75 %, and a loading space reduction from 2 spaces to 1 space; said property being more particularly described as follows:
PARCEL #1 (010-042199):
Situated in the State of Ohio, County of Franklin, and City of Columbus: being lots numbers sixteen (16), seventeen (17), eighteen (18), nineteen (19) and twenty (20) of Knights, Noble and English's subdivision, as the same are numbered and delineated upon the recorded plat thereof, of record in plat book 3, page 115, recorder's office, Franklin county, Ohio. Excepting there from the following described premises: being eighty-one (81) feet off the north end of lot 16 and a tract of land six feet seven inches (6'7") by eighty-one (81) feet off the northwest corner of lot no. 17 in Knights, Noble and English's subdivision, to the city of Columbus, as the same are numbered and delineated upon the recorded plat thereof, of record in plat book 3, page 155, recorder's office, Franklin Ohio; said latter tract of land being bounded and described as follows:
Beginning at the northeast corner of lot no. 16; thence east six feet seven inches (6'7") along the northern line of lot no. 17;
Thence south eighty-one (81) feet on a line parallel to the east line of lot no. 16; thence west six feet seven inches (6'7") on a line parallel to the north line of lot no. 17;
Thence north eighty-one (81) feet along the east line of lot no. 16 to the place of beginning. In no event is the premises herein excepted to extend further east than eight (8) feet east of the east line of a certain dwelling house now located on lot no. 16.
PARCEL #2 (010-039002):
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number Twenty-Five (25), in Knights, Noble & English's Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 155, Recorder's Office, Franklin County, Ohio.
PARCEL #3 (010-038646):
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number Twenty-Four (24), in Knights, Noble & English's Subdivision, of certain lands in Half Section No. 12, Township 5, Range 22, Refugee Lands, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 155, Recorder's Office, Franklin County, Ohio.
PARCEL #4 and #5 (010-006552; 010-017577)
Situated in the County of Franklin, in the State of Ohio, and in the City of Columbus:
Being Lots Numbers Twenty-two (22) and Twenty-three (23) of Knights, Noble & English Subdivision, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 155, Recorder's Office, Franklin County, Ohio.
PARCEL #6 (010-025716)
Being Lot Number Twenty-One (21), in Knights, Noble & English's Subdivision of certain lots in Half Section No. 13, Township 5, Range 22, Refugee Lands as described and delineated upon the recorded plat thereof, of record in Plat Book No. 3, page 155, in the Recorder's Office, Franklin County, Ohio also known as 928 Avon Court.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a maintenance facility and parking lots for an adjacent property management office, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the "Site Plan S-1", including code-required surface areas for parking and maneuvering, drawn by Feinkopf Macioce Schappa, Architects, Inc. dated July 8, 2003 and signed by Joseph F. Schappa Jr. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and completion of engineering plans, including vacation of alley right-of-way and relocation of the loading space(s) to the south side of the building. Any slight adjustment to the plan shall be reviewed and may be approved 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 upon the combination of tax parcels #2 (010-039002), # 3 (010-038646), # 4 (010-006552), # 5 (010-017577) and # 6 (010-025716) to form one (1) tax parcel for the parking lot located south of the alley prior to the issuance of Zoning Clearance.
SECTION 5. That this ordinance is further conditioned upon the improvement of the east-west alley that divides the property in accordance with the Transportation Division prior to the issuance of Zoning Clearance.
SECTION 6. That this ordinance is further conditioned upon any landscaping improvements in the right-of-way being in compliance with City Forrester requirements.
SECTION 7. That this ordinance is further conditioned upon there being no outside storage of any type on the property.
SECTION 8. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 9. 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 and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.