Explanation
Council Variance Application: CV04-001
APPLICANT: Network Restoration I, LLC; c/o Thomas F. Kibbey, Atty.; 1300 Huntington Center, 41 South High Street; Columbus, Ohio 43215.
PROPOSED USE: Ten-unit apartment building.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a non-conforming ten-unit apartment building. The applicant is requesting a Council Variance to replace the existing building with a new similar-sized handicap accessible ten-unit apartment building in the R-3, Residential District. A variance is necessary because the R-3, Residential District allows only single-family dwellings. Other variances include building setback and a reduction in the minimum number of parking spaces required from 20 to 12. The site lies within the planning area of the Near East Area Plan (1995), Northeast District, which recommends maintaining residential zoning districts. A hardship exists in that the proposed use has already been established on this site, but the existing structure cannot be rehabilitated to become handicap accessible.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, Residential District; 3332.21, Building lines; 3332.25, Maximum side yard required; 3342.18, Parking setback line; and 3342.28, Minimum number of parking spaces required of the City codes; for the property located at 1402 MT. VERNON AVENUE (43203), to permit a ten-unit apartment building with reduced development standards in the R-3, Residential District. (Council Variance # CV04-001)
Body
WHEREAS, by application #CV04-001, the owner of the property at 1402 MT. VERNON AVENUE (43203), is requesting a Variance to permit a ten-unit apartment building with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 Residential District, permits only single-family dwellings, while the applicant proposes to build a new ten-unit apartment building with reduced development standards; and
WHEREAS, Section 3332.21, Building lines, requires the setback to be twenty-five (25) feet, while the applicant proposes a building line of seventeen and one-half (17.5) feet along Mt. Vernon Avenue, and nine (9) feet along Graham Avenue for the new building; and
WHEREAS, Section 3332.25, Maximum side yard permitted, requires the sum of the widths of each side yard to equal 20% of the lot width or sixteen (16) feet, while the applicant proposes a maximum side yard of fifteen (15) feet for the new building; and
WHEREAS, Section 3342.18, Parking setback line, requires a parking setback line of twenty-five (25) feet, while the applicant proposes a parking setback line of seven (7) feet along Graham Avenue; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, or twenty (20) spaces, while the applicant proposes twelve (12) parking spaces for the new building; and
WHEREAS, this variance will allow the reconstruction of an existing ten-unit apartment building with reduced development standards in the R-3, Residential District; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the site is developed with a non-conforming ten-unit apartment building, and the applicant is requesting a Council Variance to replace the existing building with a new similar-sized handicap accessible ten-unit apartment building in the R-3, Residential District. A variance is necessary because the R-3, Residential District allows only single-family dwellings. Other variances include building setback and a reduction in the minimum number of parking spaces required from 20 to 12. The site lies within the planning area of the Near East Area Plan (1995), Northeast District, which recommends maintaining residential zoning districts. The proposed use has already been established on this site, but the existing structure cannot be rehabilitated to become handicap accessible; 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 1402 MT. VERNON AVENUE (43203), in using said property as desired and; 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; 3332.21, Building lines; 3332.25, Maximum side yard required; 3342.18, Parking setback line; and 3342.28, Minimum number of parking spaces required; for the property located at 1402 MT. VERNON AVENUE (43203), insofar as said sections prohibit a ten-unit apartment building with a 17.5-foot building setback from Mt. Vernon Avenue, a 9-foot building setback from Graham Street, reduced maximum side yard from 16 feet to 15 feet, reduced parking setback line from 25 feet to 7 feet along Graham Street, and a parking space reduction from 20 spaces to 12 spaces; said property being more particularly described as follows:
1402 MT. VERNON AVENUE (43203), being 0.45± acres located on the northwest corner of Mt. Vernon Avenue and Graham Street, and being more particularly described as follows:
Situated in the State of Ohio, the County of Franklin, and the City of Columbus, and being Lot Nos. 19, 20, 21, 22 and 23 in Hildreth and Chittenden's Summit Addition to the City of Columbus, Ohio, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 344, Recorder's Office, Franklin County, Ohio. Also known as 1402-20 Mt. Vernon Avenue, Parcel No. 010-014137.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a ten-unit apartment building, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "COMMUNITY PROPERTIES REVITALIZATION", drawn by Moody-Nolan Inc., dated April 15, 2004, and signed by Rex Hagerling, architect. The Zoning Site 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 Zoning Site Plan shall be subject to review and approval 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 applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.