Explanation
APPLICANT: Antonio Colosimo; 3D Group, Inc.; 266 North Fourth Street, Suite 200; Columbus, OH 43215.
PROPOSED USE: To permit ground floor residential in the C-4 Commercial District.
UNIVERSITY AREA COMMISSION'S RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a variance to allow ground floor residential in the C-4 Commercial District. The existing three-story building originally had two offices on the first floor and four apartments above. The applicant maintains the ground floor units are not viable as office space because of the building's small size and hidden location. The requested variance would allow five apartments and one 450 square foot rental office in the existing building.
Title
To grant a Variance from the provisions of Sections 3356.03, Permitted Uses; 3356.05C, C-4 district development limitations; 3342.15, Maneuvering; 3342.18, Parking setback line; 3372.609B, Setback requirements; 3372.611, Design standards; for property located at 263-277 WEST NORWICH AVENUE (43201), being 0.15 + acres located at the southwest corner of West Norwich Avenue and Tuttle Park Place, to permit ground level residential use and second floor residential use not located over a commercial use, thereby permitting an apartment building in the C-4, Commercial District.
Body
WHEREAS, by application No. CV06-037, the owner of property at 263-277 WEST NORWICH AVENUE (43201), is requesting a Council variance to permit ground level residential use and second floor residential use not located over a commercial use, thereby permitting an apartment building in the C-4, Commercial District; and
WHEREAS, Section 3356.03, permitted uses, does not permit ground level residential use and requires second floor residential use to be located over a ground level commercial use, while applicant proposes one rental office and five dwelling units, including ground floor residential use and second floor residential use not located over a ground floor commercial use; and
WHEREAS, Section 3356.05C, C-4 district development limitations, permits dwelling units when located over a use permitted in the C-4, Commercial District, while applicant proposes five dwelling units including ground floor residential use and second floor residential use not located over a ground floor commercial use; and
WHEREAS, Section 3342.15, Maneuvering, which section requires each parking space to have sufficient access and maneuvering area, while the applicant proposes to use a twenty foot right-of-way for maneuvering for existing parking spaces on the west side of the building; and
WHEREAS, Section 3342.18, Parking setback line, which section requires a parking setback of at least ten feet while the applicant proposes zero feet on the west side of the building; and
WHEREAS, Section 3372.609B, Setback requirements, requires that parking lots in the Urban Commercial Overlay be located behind buildings and allows for up fifty percent of the parking to be provided on the sides of the building, while the applicant proposes to provide more than fifty percent of the required parking on the sides of the building; and
WHEREAS, Section 3372.611, Design standards, requires commercially-zoned properties in the Urban Commercial Overlay to follow certain design standards, while the applicant seeks to make conforming the existing building, as it was built in 1986 before the UCO was adopted; and
WHEREAS, City Departments recommend approval noting that the existing building predates the Urban Commercial Overlay and the mixed-use nature of the area is not inconsistent with the area Plan. A Council variance is necessary in that dwelling units are permitted only above certain ground floor commercial uses in the C-4 District; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; 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 263-277 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 3356.03, permitted uses; 3356.05C, C-4 district development limitations; 3342.15, Maneuvering; 3342.18, Parking setback line; 3372.609B, Setback requirements; 3372.611, Design standards, of the Columbus City Codes are hereby granted for the property located at 263-277 NORWICH AVENUE (43201), insofar as said sections prohibit dwelling units in the C-4, Commercial District with ground floor residential use, while applicant proposes one rental office and five dwelling units including ground floor residential use; second floor residential use not located over a ground floor commercial use, while the applicant proposes second floor residential use not located over a ground floor commercial use; require each parking space to have sufficient access and maneuvering area, while the applicant proposes to use a twenty foot right-of-way for maneuvering for existing parking spaces on the west side of the building; require a parking setback of at least ten feet while the applicant proposes zero feet on the west side of the building; require that parking lots in the Urban Commercial Overlay be located behind buildings and allows for up fifty percent of the parking to be provided on the sides of the building, while the applicant proposes to provide more than fifty percent of the required parking on the sides of the building; require commercially-zoned properties in the Urban Commercial Overlay to follow certain design standards, while the applicant seeks to make conforming the existing building, as it was built in 1986 before the UCO was adopted; said property being more particularly described as follows:
ZONING DESCRIPTION
0.15+/- ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, and described as being Lot number forty (40) of Jacob Weber Place Subdivision of addition to the City of Columbus, as the same is numbered and delineated upon the recorded plot thereof, of record in Plat Book 17, pages 28 and 29, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at the northeast corner of said Lot 40, the intersection of the south line of Norwich Avenue (50 feet wide) with the west line of Tuttle Park Place (formerly named Turpie Avenue)(50 feet wide);
Thence, along the east line of said Lot 40, the west line of said Tuttle Park Place, South 00 degrees 10 minutes 16 seconds East, 50.00 feet to the southeast corner of said Lot;
Thence, along the south line of said Lot 40, WEST, 127.15 feet to the southwest corner of said Lot, being on an alley (20 feet wide);
Thence, along the west line of said Lot 40, along said ally, NORTH, 50.00 feet to the northwest corner of said Lot 40, being on the south line of said Norwich Avenue;
Thence, along the north line of said Lot 40, along the south line of said Norwich Avenue, EAST, 127.00 feet to the place of beginning containing 0.146 acres. Basis of bearing is the south line of Norwich Avenue held as EAST.
This description was prepared from existing records and is for zoning purposes.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an apartment house or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is conditioned upon the following drawings: "RENOVATION FOR: EPIC PROPERTIES UNIT #265 NORWICH STREET" dated and signed September 28, 2006 by Antonio Colosimo, Architect for Applicant, as the required site plan for development of the site.
SECTION 4. That this ordinance is further conditioned upon all applicable permits and Certificates of Occupancy being obtained 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.