Explanation
Council Variance Application: CV14-044
APPLICANT: CHP Casto Barrett School Enterprises LLC; c/o Donald Plank, Attorney; Plank Law Firm; 145 East Rich Street, Third Floor; Columbus, Ohio 43215.
PROPOSED USE: Multi-unit and single-unit residential development.
COLUMBUS SOUTH SIDE AREA COMMISSION RECOMMENDATION: Approval.
HISTORIC RESOURCES COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from the Development Commission for a concurrent rezoning (Ordinance No. 0253-2015; Z14-043) to the AR-1, Apartment Residential, and R-3, Residential Districts. The applicant proposes the conversion of the former school into a 53-unit apartment building, and the construction of three 12-unit apartment buildings, and two 8-unit apartment buildings (52 additional units) in the AR-1 District, and 22 single-unit dwellings on individual lots in the R-3 District. The site is located within the planning area of the South Side Plan (2014), which recommends institutional uses for this location in recognition of the site's previous use as a school. The Plan includes guidelines for the potential redevelopment of these sites to ensure they are compatible with the surrounding land use, density, and design. In order to preserve the historic school building and develop the site in accordance with the Plan guidelines, variances are requested for building height, vision clearance, setbacks, and perimeter yard in the AR-1 District, and to permit a private alley and vary lot width, building setback, lot frontage, yard and area standards, access, garage standards, and vision clearance in the R-3 District. The request will allow residential redevelopment of the former school site in a manner that is recommended by the South Side Plan. The proposal is compatible with nearby urban developments and surrounding land use and design, and the proposed density is offset by the adaptive reuse of the historic school building and development of single-unit dwellings.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, Residential District; 3309.14, Height districts; 3312.13(B), Driveway; 3312.25, Maneuvering; 3312.27(3), Parking setback line; 3321.05(A)(1),(B)(2),Vision clearance; 3332.05, Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.18(C)(D), Basis of computing area; 3332.19, Fronting; 3332.21(B), Building lines; 3332.25(B), Maximum side yards required; 3332.26(B)(E), Minimum side yard permitted; 3332.27, Rear yard; 3332.33, Private access and parking requirements; 3332.38(E)(G), Private garage; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 345 EAST DESHLER AVENUE (43206), to permit multi-unit and single-unit residential development with reduced development standards in the AR-1, Apartment Residential and R-3, Residential Districts (Council Variance # CV14-044).
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WHEREAS, by application No. CV14-044, the owner of property at 345 EAST DESHLER AVENUE (43206), is requesting a Council variance to permit multi-unit and single-unit residential development with reduced development standards in the AR-1, Apartment Residential and R-3, Residential Districts; and
WHEREAS, Section 3332.035, R-3, Residential District, does not permit a non-dedicated alley as a principle use, while the applicant proposes to use a private parcel as a shared, non-dedicated alley for vehicular and pedestrian access to the rear of single-unit lots as depicted on the Site Plan; and
WHEREAS, Section 3309.14, Height districts, requires any portion of a building in the AR-1, Apartment Residential District to not exceed a height of thirty-five (35) feet in the thirty-five (35) foot height district, while the applicant proposes to maintain the existing four (4) story Barrett School building, which is approximately seventy-five (75) feet tall to the mid-point of the roof; and
WHEREAS, Section 3312.13(B), Driveway, requires a driveway width of ten (10) feet at the street right of way on each lot, while the applicant may use shared driveways for Lots 1-2, Lots 10-13 and Lots 21-22, and the part of the driveway on each lot may be less than ten (10) feet wide, but the total width of the shared driveway shall be ten (10) feet or greater in width; and
WHEREAS, Section 3312.25, Maneuvering, requires sufficient access and maneuvering area on the lot where the parking spaces are located, while the applicant proposes shared driveway access, vehicular access on an adjacent parcel, maneuvering, and shared maneuvering on adjacent pairs of lots for single-unit dwellings on Lots 1-2, Lots 10-13 and Lots 21-22 as numbered on the Site Plan in the R-3 District; and
WHEREAS, Section 3312.27(3), Parking setback line, requires the parking setback line to be ten (10) feet, while the applicant proposes parking setback lines of nine (9) feet on Thurman Avenue, six (6) feet on Deshler Avenue, and five (5) feet on Bruck Street as shown on the Site Plan; and
WHEREAS, Section 3321.05(A)(1),Vision clearance, requires clear vision triangles of ten (10) feet on each residential lot at the intersection of a driveway and the street right-of-way, while the applicant proposes a slight encroachment into the northeast clear vision triangle at Deshler Avenue and the southeast clear vision triangle at Thurman Avenue with parallel parking spaces as shown on the Site Plan; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires a clear vision triangle of thirty (30) feet on each residential lot adjacent to a street intersection, while the applicant proposes clear vision triangles of fifteen (15) feet for Lot 10 (northwest corner of Thurman Avenue and Washington Avenue) and Lot 13 (southwest corner of East Deshler Avenue and Washington Avenue); and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a minimum lot width of fifty (50) feet in the R-3, Residential District, while applicant proposes lot widths of approximately thirty-two (32) and forty-nine (49) feet as shown on the Site Plan, subject to surveying/platting, which may require slightly different lot width dimensions; and
WHEREAS, Section 3332.13, R-3 area district requirements, requires each single-unit dwelling to have a lot of no less than 5,000 square feet, while applicant proposes eight (8) lots of less than 5,000 square feet with four (4) lots (Lots 2, 11, 12, 22) of 3,660± square feet and four (4) lots (Lots 1, 10, 13, 21) of 4,450± square feet, as numbered on the Site Plan, subject to surveying/platting, which may require slightly different lot area; and
WHEREAS, Section 3332.18(C)(D), Basis of computing area, limits calculation of the area to the depth of the lot that is three (3) times the width of the lot, and prohibits buildings from occupying more than fifty (50) percent of the lot area, while the applicant proposes to calculate the lot area using the entire length of the lot for all of the lots that are thirty-two (32) feet wide, and an increased lot coverage of sixty-five (65) percent for Lots 1, 2, 10, 11, 12, 13, 21, and 22, as numbered on the Site Plan, subject to surveying/platting, which may require slightly different depth and area calculations; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling unit to have frontage on a public street, while the applicant proposes no frontage for Lots 2 and 22, as numbered on the Site Plan, which will front on a private alley; and
WHEREAS, Section 3332.21(B), Building lines, requires building lines of no less than thirty (30) feet for Thurman Avenue, twenty-five (25) feet for Washington Avenue, and twenty-five (25) feet for Deshler Avenue, while the applicant proposes building lines of fifteen (15) feet along Thurman and Deshler Avenues, and two (2) feet along Washington Avenue; and
WHEREAS, 3332.25(B), Maximum side yards required, requires the sum of the widths of each side yard to equal twenty (20) percent of the lot width, while the applicant proposes to reduce the sum of each side yard on all lots to six (6) feet; and
WHEREAS, Section 3332.26(B), Minimum side yard permitted, requires a minimum side yard of five (5) feet on lots greater than forty (40) feet wide and three (3) feet on lots less than forty (40) feet wide, while the applicant proposes minimum side yards of three (3) feet on Lots 1, 2, 10, 11, 12, 13, 21 and 22 as numbered on the Site Plan, and to reduce one side yard on Lots 3-9 and Lots 14-20 as numbered on the Site Plan to zero (0) feet, with the other side yard being six (6) feet, subject to all dwellings within these groups of lots having this side yard arrangement or the dwellings on these lots shall be located to provide side yards on each side that are a minimum three (3) feet; and
WHEREAS, Section 3332.26(E), Minimum side yard permitted, requires a minimum distance of three (3) feet for detached garages from interior side lot lines, while the applicant proposes to reduce the minimum distance to zero (0) feet on all lots to permit a common wall between adjacent detached garages, or to one (1) foot for individual detached garages with surface parking spaces occupying the side yard opposite the detached garages; 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 ten (10) percent rear yard for Lots 1, 2, 10, 11, 12, 13, 21, and 22 as numbered on the Site Plan; and
WHEREAS, Section 3332.33, Private access and parking requirements, requires private access for each dwelling per the requirements of Chapter 3312, Off-Street Parking and Loading, while the applicant proposes shared common access points for Lots 1-2 and Lots 21-22 from the north/south private driveway on the AR-1 District portion of the site as shown on the Site Plan; and
WHEREAS, Section 3332.38(E)(G), Private garage, requires a detached garage to not occupy more than forty-five (45) percent of the total rear yard, and limits the height to fifteen (15) feet, while the applicant proposes to occupy seventy (70) percent of the rear yard for Lots1, 2, 10, 11, 12, 13, 21, and 22 as numbered on the Site Plan, and a maximum garage height of eighteen (18) feet to permit a steeper garage roof pitch that is more characteristic of the dwellings to be built; and
WHEREAS, 3333.18, Building lines, requires building lines of no less than thirty (30) feet along Thurman Avenue and twenty-five (25) feet along Bruck Street, while the applicant proposes building lines of ten (10) feet as shown on the Site Plan; and
WHEREAS, 3333.255, Perimeter yard, requires a perimeter yard of no less than twenty-five (25) feet, while the applicant proposes a perimeter yard of ten (10) feet along the eastern property line except for the access points to Lots 1-2 and Lots 21-22 in the adjacent R-3 District as shown on the Site Plan; and
WHEREAS, the Columbus South Side Area Commission recommends approval of said zoning change; and
WHEREAS, the Historic Resources Commission recommends approval of said zoning change; and
WHEREAS, City Departments recommend approval because the requested variances allow residential redevelopment of the former school site in a manner that is consistent with the South Side Plan. The proposal is compatible with nearby urban developments and surrounding land use and design, and the proposed density is offset by the adaptive reuse of the historic school building and development of single-unit dwellings; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 345 EAST DESHLER AVENUE (43206), 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 3332.035, R-3, Residential District; 3309.14, Height districts; 3312.13(B), Driveway; 3312.25, Maneuvering; 3312.27(3), Parking setback line; 3321.05(A)(1),(B)(2),Vision clearance; 3332.05, Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.18(C)(D), Basis of computing area; 3332.19, Fronting; 3332.21(B), Building lines; 3332.25(B), Maximum side yards required; 3332.26(B)(E), Minimum side yard permitted; 3332.27, Rear yard; 3332.33, Private access and parking requirements; 3332.38(E)(G), Private garage; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 345 EAST DESHLER AVENUE (43206), insofar as said sections prohibit a private, non-dedicated alley for access to the rear of single-unit dwelling lots in the R-3 District; with increased building height from thirty-five (35) feet to seventy-five (75) feet for the former school building; a driveway width of ten (10) feet that may be divided by a parcel line for shared access on Lots 1-2, Lots 10-13 and Lots 21-22; vehicular access on adjacent parcels, maneuvering, and shared maneuvering on adjacent pairs of lots for Lots 1-2, Lots 10-13 and Lots 21-22; reduced parking setback lines from ten (10) feet to nine (9) feet on Thurman Avenue, six (6) feet on Deshler Avenue, and five (5) feet on Bruck Street in the AR-1 District; encroachment into the northeast clear vision triangle at Deshler Avenue and the southeast clear vision triangle at Thurman Avenue with parallel parking spaces; reduced clear vision triangles at the street intersections from thirty (30) feet to fifteen (15) feet for Lots 10 and 13; reduced lot widths from fifty (50) feet to thirty-two (32) and forty-nine (49) feet; reduced lot area from 5,000 square feet to 3,660± square feet for Lots 2, 11, 12, and 22, and 4,450± square feet for Lots 1, 10, 13, and 21; a lot area calculation that does not limit the depth of the lot to three (3) times the width of the lot, but uses the entire length of the lot for all of the lots that are thirty-two (32) feet wide; an increased lot coverage from fifty (50) percent to sixty-five (65) percent for Lots 1, 2, 10, 11, 12, 13, 21, and 22; no frontage on a public street for Lots 2 and 22; reduced building lines of fifteen (15) feet along Thurman and Deshler Avenues, and two (2) feet along Washington Avenue; reduced maximum side yard sum from twenty (20) percent to six (6) feet on all lots; reduced minimum side yard from five (5) feet to three (3) feet on Lots 1, 2, 10, 11, 12, 13, 21 and 22, and from three (3) feet to zero (0) feet for Lots 3-9 and Lots 14-20, with the other side yard being six (6) feet, subject to all dwellings within these groups of lots having this side yard arrangement or the dwellings on these lots shall be located to provide side yards on each side that are a minimum three (3) feet; reduced minimum distance from three (3) feet to zero (0) feet on all lots for common walls between adjacent detached garages, or to one (1) foot for individual detached garages and surface parking spaces beside detached garages; shared common access points from a private driveway for Lots 1-2 and Lots 21-22; increased rear yard occupation for detached garages from forty-five (45) percent to seventy (70) percent for Lots1, 2, 10, 11, 12, 13, 21, and 22, and increased garage height from fifteen (15) feet to eighteen (18) feet; reduced building lines of ten (10) feet along Thurman Avenue and Bruck Street; and reduced perimeter yard from twenty-five (25) feet to ten (10) feet along the east property line of the AR-1 District, except for the access points to Lots 1-2 and Lots 21-22 in the adjacent R-3 District; said property being more particularly described as follows:
345 EAST DESHLER AVENUE (43206), being 6.16± acres located at the southeast corner of East Deshler Avenue and Bruck Street, and being more particularly described as follows:
Subarea 1 - AR-1, Apartment Residential District
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 5, Township 21, Range 22, United States Military Lands, being all of Lots 1 thru 9 and Lots 19 thru 27, inclusive, and part of Lots 10 and 28 of that subdivision entitled " Deshler Thurman & Bennett's", of record in Deed Book 3, Page 292, all of that portion of Red Bud Alley vacated by City of Columbus Ordinance No. 32258, part of that portion of Red Bud Alley and all of that portion of Rex Alley vacated by City of Columbus Ordinance No. 337-68 and all of that portion of Rex Alley vacated by City of Columbus Ordinance No. 563-53, as conveyed to The Board of Education of the Columbus City School District by deed of record in Instrument Number 200808290131470 (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING at the northwesterly corner of Lot 1 of said subdivision, being the intersection of the southerly right-of-way line of Deshler Street with the easterly right-of-way line of Bruck Street;
Thence South 85° 45' 37" East, with said southerly right-of-way line, the northerly line of said subdivision, a distance of 424.80 feet to a point;
Thence South 04° 12' 24" West, across said subdivision and vacated alley, a distance of 358.27 feet to a point in the northerly right-of-way line of Thurman Street;
Thence North 85° 45' 21" West, with said northerly right-of-way line, a distance of 424.85 feet to the southwesterly corner of Lot 19 of said subdivision, being the intersection of said northerly right-of-way line with said easterly right-of-way line;
Thence North 04° 12' 49" East, with said easterly right-of-way line, a distance of 358.24 feet to the POINT OF BEGINNING, containing 3.49 acres, more or less.
Subarea 2 - R-3, Residential District
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 5, Township 21, Range 22, United States Military Lands, being Lots 11 thru 18 and Lots 29 thru 36, inclusive, and part of Lots 10 and 28 of that subdivision entitled " Deshler Thurman & Bennett's", of record in Deed Book 3, Page 292, all of that portion of Red Bud Alley vacated by City of Columbus Ordinance No. 1104-76 and part of that portion of Red Bud Alley vacated by City of Columbus Ordinance No. 337-68, as conveyed to The Board of Education of the Columbus City School District by deed of record in Instrument Number 200808290131470 (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING at the northeasterly corner of Lot 18 of said subdivision, being the intersection of the southerly right-of-way line of Deshler Street with the westerly right-of-way line of South Washington Avenue;
Thence South 04° 12' 24" West, with said westerly right-of-way line, the easterly line of said subdivision, a distance of 358.30 feet to the southeasterly corner of Lot 36 of said subdivision, being the intersection of said westerly right-of-way line with the northerly right-of-way line Thurman Street;
Thence North 85° 45' 21" West, with the northerly right-of-way line of said Thurman Street, a distance of 325.00 feet to a point;
Thence North 04° 12' 24" East, across said subdivision and vacated alley, a distance of 358.27 feet to a point in said southerly right-of-way line;
Thence South 85° 45' 37" East, with said southerly right-of-way line, the northerly line of said subdivision, a distance of 325.00 feet to the POINT OF BEGINNING, containing 2.67 acres, more or less.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as mixed-residential development as shown on the submitted Site Plan, which consists of a 53-unit apartment building within a former school, three 12-unit apartment buildings, and two 8-unit apartment buildings (52 additional units) in the AR-1, Apartment Residential District, and 22 single-unit lots in the R-3 Residential District, or those uses permitted in the underlying zoning districts.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the site plan titled, "ZONING EXHIBIT FOR BARRETT SCHOOL REDEVELOPMENT," drawn by EMH&T, dated January 7, 2015, and signed by David B. Perry, Agent for the Applicant, and Donald Plank, 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 adjustment to the plan shall be reviewed and may be approved 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 on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed uses.
SECTION 5. That this ordinance is further conditioned on the following: for the R-3 District area, if additional variances are deemed to be necessary as individual lots or groups of lots are platted, surveyed, or designed for development, a Council variance may be requested for those additional variances on any portion of the R-3 District area that is subject to this ordinance.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.