Explanation
COUNCIL VARIANCE: CV04-031.
APPLICANT: Height of Grandview, LLC.
PROPOSED USE: Five-story, 20-unit building with parking and commercial uses on the first floor.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This Council variance replaces Ordinance #0575-02, passed April 27, 2002, for property located at 1467 West Third Avenue. That legislation (CV02-001) permitted a five story 20-unit dwelling not to exceed 56 feet in height and with reduced setbacks, vision clearance, and parking spaces in general accordance with a registered site plan and elevation drawing. The Council variance was necessary because, while dwelling units are permitted above certain commercial uses, the applicant proposed the multiple unit dwelling without ground floor commercial uses. Subsequently, there is a new intended developer of the site who desires to locate approximately 1,340 square feet of commercial uses on the ground floor within a modified building design. This legislation will replace Ordinance #0575-02, passed April 27, 2002, by replacing the registered site plan and elevation drawing with a new site plan and elevation drawing incorporating the proposed commercial space and building design. A hardship exists in that only a Council variance can permit residential development above ground floor parking and certain commercial uses.
Title
To grant a variance to the provisions of Sections 3356.03, C-4 permitted uses; 3356.11, C-4 district setback lines; 3309.14, Height districts; 3342.09, Dumpster area; 3342.15, Maneuvering; 3342.19, Parking space; 3342, 25, Vision clearance; and 3342.28, Minimum number of parking spaces required for the property located at 1467 WEST THIRD AVENUE (43212), to permit a five-story 20-unit dwelling primarily above parking spaces for the residential units with reduced development standards in the C-4, Commercial District (CV04-031).
Body
WHEREAS, by application #CV04-031, the owner of property located at 1467 WEST THIRD AVENUE (43212) requested, and by Ordinance #0575-02, City council passed on April 27, 2002, a Council variance to permit a five story 20-unit dwelling in the C-4 Commercial District, not to exceed 56 feet in height and with reduced setbacks, vision clearance, and parking spaces in general accordance with a registered site plan and elevation drawing; and
WHEREAS, that Council variance #CV02-001 (Ordinance No. 0575-02) was necessary because, while dwelling units are permitted above certain commercial uses, the applicant proposed the multiple-unit dwelling without ground floor commercial uses; and
WHEREAS, the applicant now desires to develop the five-story 20-unit dwelling with approximately 1,340 square feet of commercial uses on the ground floor and with a modified building design; and
WHEREAS, Section 3356.03, C-4 permitted uses, allows residential development only when located above certain ground floor commercial uses, while the applicant proposes to locate residential uses primarily above ground floor parking for the residential use and approximately 1,340 square of commercial space; and
WHEREAS, Section 3356.11, C-4 district setback lines, provides that setbacks shall be no less than that established by adjacent lots, while the applicant proposes to reduce both the West Third Avenue and Grandview Avenue setbacks to zero feet; and
WHEREAS, Section 3309.14, Height districts, provides for a 35-foot height at the setback for this property, while the applicant proposes to construct a building not to exceed 56-feet in height; and
WHEREAS, Section 3342.09, Dumpster area, provides that each dumpster be provided with proper maneuvering space, while the applicant proposes that the dumpster be located such that it will be necessary for trucks servicing the dumpster to maneuver on to a public street; and
WHEREAS, Section 3342.15, Maneuvering, provides that sufficient maneuvering area be provided for each parking space, while the applicant proposes that twelve (12) pairs of parking spaces be stacked and that each pair be designated as limited common area for exclusive use of a two (2) bedroom residential unit; and
WHEREAS, Section 3342.19, Parking space, requires that an off-street parking space be no less than nine (9) feet wide by eighteen (18) feet deep, while the applicant proposes that twenty-four (24) parking spaces be eight (8) feet six (6) inches wide, four (4) parking spaces be eight (8) feet four (4) inches wide, and two (2) parking spaces be eight (8) feet five (5) inches wide; and
WHEREAS, Section 3342.25, Vision clearance, provides for clear vision distances for driveways entering and exiting a parking facility, while the applicant proposes to provide a garage entrance at the lot line on West Third Avenue without a 10-foot clear vision triangle; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per each dwelling unit and parking for commercial uses based on gross square feet of the commercial use (a total of approximately 46 up to 58 parking spaces, depending on the specific use), while the applicant proposes a total of 35 parking spaces; and
WHEREAS, this Council variance replaces Ordinance #0575-02, passed April 27, 2002, for property located at 1467 West Third Avenue. That legislation (CV02-001) permitted a five story 20-unit dwelling not to exceed 56 feet in height and with reduced setbacks, vision clearance, and parking spaces in general accordance with a registered site plan and elevation drawing. The Council variance was necessary because, while dwelling units are permitted above certain commercial uses, the applicant proposed the multiple unit dwelling without ground floor commercial uses. Subsequently, there is a new intended developer of the site who desires to locate approximately 1,340 square feet of commercial uses on the ground floor within a modified building design. This legislation will replace Ordinance #0575-02, passed April 27, 2002, by replacing the registered site plan and elevation drawing with a new site plan and elevation drawing incorporating the proposed commercial space and building design; and
WHEREAS, City Departments note a hardship exists and recommend approval because while dwelling units are permitted above certain commercial uses in the C-4, Commercial District, a Council variance is the only means to allow residential uses primarily above ground floor parking for the residential use and approximately 1,340 square of commercial space; 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 1467 West Third Avenue (43212), 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 Section 3356.03, C-4 permitted uses; 3356.11, C-4 district setback lines; 3309.14, Height districts; 3342.09, Dumpster area; 3342.15, Maneuvering; 3342.19, Parking space; 3342.25, Vision clearance; and 3342.28, Minimum number of parking spaces required, of Columbus City Codes are hereby granted for the property located at 1467 WEST THIRD AVENUE (43212), insofar as said sections prohibit residential uses not located above commercial storerooms by varying the district's permitted use and varying the following development standards: reducing building setbacks along West Third Avenue and Grandview Avenue from thirty (30) to zero (0) feet; increasing the height to 56-feet; reducing the number of required off-street parking spaces from 46 58 to 35; reducing the minimum size of 2 parking spaces from 9-feet by 18-feet to 8 feet 5 inches by 18-feet, the size of 4 parking spaces from 9-feet by 18-feet to 8 feet 4 inches by 18-feet, and the size of 24 parking spaces from 9-feet by 18-feet to 8-feet 6 inches by 18-feet; eliminating the required sufficient maneuvering area for 12 stacked parking spaces; reducing the maneuvering for the dumpster; and reducing the clear vision distance to zero along West Third Avenue; said property being more particularly described as follows:
Tract No. 1: Being part of Section No. 1, Township No. 1, Range 23, Congress Lands, and being a part of Lot No. 25 of Grandview, Croughton and Denmead's Suburban Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, page 318, Recorder's Office, Franklin County, Ohio, and more particularly described as follows:
Beginning at the Southwest corner of Third Avenue and Grandview Avenue; thence south along the west line of Grandview Avenue 56 feet to a point; thence westerly on a line parallel with the north line of said Lot No. 25, 90 feet to a point; thence northerly on a line parallel with the west line of Grandview Avenue, 56 feet to a point in the south line of Third Avenue, 90 feet west of the west line of Grandview Avenue; thence easterly on the south line of Third Avenue, 90 feet to the place of beginning.
The tract conveyed is subject to restrictions, easements, licenses, highways, alleys and zoning.
Tract No. 2: Being two (2) parcels contained in Lot Number Twenty-five (25) of Croughton and Denmead's Suburban Subdivision, as said lot is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, page 318, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Parcel One (1): Situated in Franklin County, Ohio, in the City of Columbus: Beginning at a point on the east boundary line of said Twenty-five (25) at a distance of 56 feet south of the northeast comer of said lot; thence from said point westerly in a line parallel with the north line of said lot a distance of 90 feet to a point; thence southerly in a line parallel with the east line of said lot, a distance of 50.7 feet to a point; thence easterly in a line parallel with the north line of said Lot 90 feet to a point in the east line of said lot; then northerly along east line of said lot 50.7 feet to the place of beginning.
Parcel Two (2): Situated in Franklin County, Ohio, partially in the City of Grandview Heights and partially in the City of Columbus; Beginning 39.80 feet from the south line of Lot Twenty-five (25) on Grandview Avenue; thence westerly 90 feet parallel to the south line of Lot #25, 39.80 feet north of the south line; thence north 42.50 feet parallel with the east line of Lot #25; thence east 90 feet to the east line of Lot #25; thence south on the east line of Lot #25 of Croughton and Denmead's Suburban Subdivision 42.50 feet to the place of beginning, containing 3.825 feet, together with a tract 2.2 feet by 8 feet out of the southwest comer which was formerly excepted from said tract and dedicated for alley purposes. Said alley being vacated by Ordinance No. 7-40, City of Grandview Heights, dated July 1, 1940.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for residential uses located primarily above ground floor parking for those residential uses, or for those uses permitted in the C-4 Regional Scale Commercial District excepting restaurant use. except that a restaurant use will be permitted only upon satisfaction of the following conditions: (a) any restaurant use must not occupy more than 1340 square feet; (b) any restaurant use must include a counter for orders; (c) a TIF district including this property, or this property and other properties, must have been established for the purpose of financing parking improvements in the area; and (d) identification of adequate parking for the use in accordance with the Grandview Avenue Parking Study dated December, 2002.
Section 3. That this ordinance is further conditioned on general compliance with elevation drawings titled, "THE HEIGHTS ELEVATIONS, SHEET A201" and the site plan titled, "THE HEIGHTS SITE PLAN," both drawn by Berardi + Partners and signed on June 21, 2004 by Ronald A. Calhoun.
Section 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 5. Ordinance No. 0575-02 is hereby repealed.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.