Explanation
APPLICANT: Garland Properties Ltd; c/o Donald T. Plank, Atty; Plank Law Firm; 145 East Rich Street; Columbus, Ohio 43201.
PROPOSED USE: To allow a property management office, a single-unit dwelling and accessory parking.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a Council variance to use a former church as a 9,800+/- square foot property management office and single-unit dwelling. The northernmost 4,400 square feet of the structure is to be demolished and replaced with a new two-story parking structure. The applicant is also requesting yard variances but most of these variances are to address existing conditions. Any new variances are consistent with the existing conditions and will not be a detriment to the surrounding properties. The proposal would preserve this structure while allowing uses consistent with the zoning and land use patterns of the area and improving the parking situation in the area by adding spaces to the site.
Title
To grant a Variance from the provisions of Sections 3333.035, AR-4, Apartment Residential District Use; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; 3333.24, Rear yard and 3372.562 (A) and (C), Landscaped area and treatment; of the Columbus City Codes for property located at 36 EAST NORWICH AVENUE (43201), to allow a property management office, a single-unit dwelling and accessory parking in the AR-4, Apartment Residential District with reduced development standards. (Council Variance # CV10-035)
Body
WHEREAS, by application No. CV10-035, the owner of property at 36 EAST NORWICH AVENUE (43201), is requesting a Council variance to permit a property management office, a single-unit dwelling and accessory parking in the AR-4, Apartment Residential District with reduced development standards; and
WHEREAS, Section 3333.035, AR-4, Apartment Residential District, does not permit a property management office and a single-unit dwelling, while the applicant proposes to occupy the building with a property management office, a single-unit dwelling and accessory parking; and
WHEREAS, Section 3372.562 (A) and (C), Landscaped area and treatment, requires that at least five (5) percent of the lot area be planted and located behind the rear most portion of the principal building, while the landscaping is provided in other areas of the parcel, the applicant proposes to provide no landscaping behind the most rear portion of the principal building; and
WHEREAS, Section 3333.22, Maximum side yard required; requires the sum of the widths of each side yard shall equal or exceed twenty percent (20%) of the width of the lot or a total of 14.8 feet for the subject property, while the applicant proposes to maintain the existing side yards of 0.15 feet on the east side and west sides of the site; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a minimum side yard of five (5) feet, while the applicant proposes to maintain the existing side yards of 0.15 feet on the east side and west sides of the site; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes a zero (0) percent rear yard after reconstruction, which is consistent with the existing condition; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the proposal would preserve this structure while allowing uses consistent with the zoning and land use patterns of the area and improving the parking situation in the area by adding spaces to the site. The applicant is applying for a Council variance to use a former church as a property management office, single-unit dwelling and accessory parking. The northernmost 4,400 square feet of the structure is to be demolished and replaced with a new two-story parking structure. The applicant is also requesting yard variances but most of these variances are to address existing conditions and any new variances are consistent with the existing conditions and will not be a detriment to the surrounding properties; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the city; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 36 EAST NORWICH AVENUE (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 Sections 3333.035, AR-4, Apartment Residential District Use; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; 3333.24, Rear yard and 3372.562 (A) and (C), Landscaped area and treatment, of the Columbus City Codes for property located at 36 EAST NORWICH AVENUE (43201), insofar as said section prohibit property management office, a single-unit dwelling and accessory parking without 5% of the lot area being landscaped and located behind the rear most portion of the principal building, with minimum side yards of 0.15 feet where 5 feet would be required, maximum side yards of 0.15 feet where 14.8 feet would be required and with a 0% rear yard; said property being more particularly described as follows:
Situate in the State of Ohio, County of Franklin, and in the City of Columbus, and being as described as follows:
Lot Number 5 & 6, John W. Constan's Addition, an addition in Franklin County, Ohio, according to the map or plat of record in Plat Book 3, Page 58, of Franklin County, Ohio.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a single-unit dwelling, property management office no greater than 9,900 square feet and no more than 4,500 square feet of parking per floor, or those uses permitted in the AR-4, Residential District.
Section 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.