Explanation
Council Variance Application: CV14-025
APPLICANT: Connie J. Klema, Attorney; 145 East Rich Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Two multi-use buildings on two lots and a rear single-unit dwelling with reduced development standards.
ITIALIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned R-4, Residential District, and contains two adjacent parcels, 305 and 307 East Fifth Avenue. 305 East Fifth Avenue contains a two story structure with retail on the first floor and apartments on the second. This building was built in 1920 and the uses are legal, non-conforming uses. 307 East Fifth Avenue is a vacant lot. The requested Council Variance will permit the continuance of the C-1, commercial uses on the first floor (except restaurant uses) of 305 East Fifth Avenue and allow the conversion of the second floor to one residential unit. The request will also permit the construction of a two (2) story structure on 307 East Fifth Avenue with C-1, commercial uses on the first floor and four (4) residential units on the second floor. Additionally, a rear single-unit dwelling will be constructed on 307 East Fifth Avenue. Other variances include reductions to lot width, lot area, building lines, maximum and minimum side yards, rear yard, side or rear yard obstruction, required parking, maneuvering and parking setback line. A Council variance is necessary because the R-4, Residential District permits a maximum of four dwelling units in one building, and does not permit mixed use buildings or two residential buildings on one lot. Staff finds that the proposal will not add incompatible uses to the area as the commercial establishment on 305 East Fifth Avenue has been there since the building's construction and there are several mixed-use buildings and carriage houses within this neighborhood. The request is consistent with the recent development pattern in urban neighborhoods.
Title
To grant a variance from the provisions of Sections 3332.039, R-4, Residential district; 3312.25, Maneuvering; 3312.27, Parking Setback Line; 3312.49, Minimum numbers of parking spaces required; 3332.05, Area district lot width requirements; 3332.15, R-4 area district requirements; 3332.21(F), Building line; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; and 3332.28, Side or rear yard obstruction, of the Columbus City codes; for the properties located at 305 & 307 EAST FIFTH AVENUE (43201), to permit two mixed-use buildings and one rear single-unit dwelling on two lots with reduced development standards in the R-4, Residential District (Council Variance # CV14-025).
Body
WHEREAS, by application No. CV14-025, the owner of the properties at 305 & 307 EAST FIFTH AVENUE (43201), is requesting a Council Variance to permit two mixed-use buildings and one rear single-unit dwelling on two lots with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3333.039, R-4, Residential District, allows a maximum of four units in one building, and does not permit commercial uses or two residential buildings on one lot, while the applicant proposes to continue the C-1, commercial uses except restaurant uses on the first floor and one residential unit on the second floor of 305 East Fifth Avenue, and to construct a two (2) story building with all C-1, commercial uses permitted on the first floor and four (4) residential units on the second floor and to permit one single unit dwelling on 307 East Fifth Avenue; and
WHEREAS, Section 3312.25, Maneuvering, requires every parking space to have sufficient access and maneuvering area anywhere on a lot including aisles or circulation areas, while the applicant proposes to allow maneuvering over and through parking spaces and the property line on both 305 and 307 East Fifth Avenue; and
WHEREAS, Section 3312.27, Parking setback line, requires the parking setback line to be ten (10) feet, while the applicant proposes the parking setback line for 305 East Fifth Avenue to be 2.95 feet; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires 20 parking spaces for the most intense retail and restaurant uses and eight (8) spaces for the residential uses for a total of 28 required spaces on 307 East Fifth Avenue, while the applicant proposes a total of nine (9) parking spaces provided; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a minimum lot width of fifty (50) feet in the R-4, Residential District, while the applicant proposes to maintain lot widths of no less than 32 feet on both 305 and 307 East Fifth Avenue; 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 to construct a single family dwelling and a mixed-use building with four (4) dwelling units on a 5,543± square foot lot, totaling 1,109 square feet of lot area per dwelling unit at 307 East Fifth Avenue; and
WHEREAS, Section 3332.21(F), Building line, requires a building line of no less than ten (10) feet, while the applicant proposes building lines of zero (0) feet along the north front lot line for 305 East Fifth Avenue, and of seven (7) feet along the north lot line and six (6) feet along the south lot line for 307 East Fifth Avenue; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to be 6.4 feet total, while the applicant proposes a maximum side yard of 3.2 feet for 305 East Fifth Avenue and six (6) feet for 307 East Fifth Avenue; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than three (3) feet, while the applicant proposes the minimum side yard to be 0.6 feet on the east and 2.5 feet on the west property lines of 305 East Fifth Avenue; 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 shared twenty-five (25) percent total lot area for the single family dwelling and the mixed-use building at 307 East Fifth Avenue; and
WHEREAS, Section 3332.28, Side or rear yard obstruction, requires the area in the side or rear yard to be open from the finished grade to the sky, while the applicant proposes pavement for parking and maneuvering in those areas for both 305 and 307 East Fifth Avenue; and
WHEREAS, the Italian Village Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances because the proposal will not add incompatible uses to the area as there are several mixed-use buildings and carriage houses within this community. The request is consistent with the recent development pattern in urban neighborhoods; 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 properties located at 305 & 307 EAST FIFTH 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 3332.039, R-4, Residential district; 3312.25, Maneuvering; 3312.27, Parking Setback Line; 3312.49, Minimum numbers of parking spaces required; 3332.05, Area district lot width requirements; 3332.15, R-4 area district requirements; 3332.21(F), Building line; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; and 3332.28, Side or rear yard obstruction, of the Columbus City codes, is hereby granted for the property located at 305 & 307 EAST FIFTH AVENUE (43201), in so far as said sections prohibit two mixed-use buildings and five (5) second floor residential uses and a single unit dwelling on two lots in the R-4, Residential District, with maneuvering over parking spaces and property lines; a reduced parking setback line of 2.95 feet; a parking space reduction of 19 required spaces, with nine (9) provided; reduced minimum lot widths of 32 feet; a reduction in the required lot area to 1,109 square feet per dwelling unit; reduced building lines of zero (0) feet along the north property line for 305 East Fifth Avenue and of seven (7) feet along the north and six (6) feet along the south property lines of 307 East Fifth Avenue; a reduced maximum side yard of 3.2 feet for 305 East Fifth Avenue and six (6) feet for 307 East Fifth Avenue; a reduced minimum side yard of 0.6 feet on the east property line and 2.25 feet on the west property line of 305 East Fifth Avenue; a shared rear yard between the single family dwelling and the dwelling with four (4) dwelling units on 307 East Fifth Avenue; and pavement for parking and maneuvering in the required side and rear yards; said property being more particularly described as follows:
305 & 307 EAST FIFTH AVENUE (43201), being 0.25± acres located on the south side of East Fifth Avenue, 640± feet east of North Fourth Street, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio, and in the City of Columbus and bounded and described as follows:
Being Lot Number Ten (10) of W.J. MCCOMB'S FIFTH AVENUE ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 387, Recorder's Office, Franklin County, Ohio.
Franklin County Parcel Number 010-042782
305 East Fifth Avenue
Being Lot Number Eleven (11) of W.J.MCCOMB'S FIFTH AVENUE SUBDIVISION of Lots Nos. 25, 26 & 27 in William G. Deshler's Amended Addition to William Phelan's Mount Pleasant Addition to the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 387, Recorder's Office, Franklin County, Ohio.
Franklin County Parcel Number 010-039119
307 East Fifth Avenue
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with two multi-use buildings and a rear single-unit dwelling on two parcels with all permitted C-1, commercial uses except restaurant uses for 305 East Fifth Avenue allowed only on the first floor of 305 and 307 East Fifth Avenue; and
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the Plan titled, "NEW RESIDENTIAL/COMMERCIAL 307 EAST FIFTH AVENUE," dated June 6, 2014, and signed by Connie J. Klema, Attorney for the Applicant. The plan 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 uses.
SECTION 5. That this ordinance is further conditioned upon the following: If any eating or drinking establishment would be proposed at 307 East Fifth Avenue, documentation of a recorded, off-site parking lease providing a minimum of ten (10) parking spaces for use by the subject property on a contiguous lot within 750 feet of the subject property would need to be provided prior to the approval of a site compliance plan.
SECTION 56. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.