Explanation
Council Variance Application: CV06-038
APPLICANT: Portrait Homes - Ohio, LLC; c/o Donald Plank, Atty.; Plank and Brahm; 145 East Rich Street; Columbus, OH 43215.
PROPOSED USE: Multi-family residential development, including two-family dwellings.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council variance to allow the construction of two-family dwellings in the L-AR-12, Limited Apartment Residential District. A variance is necessary because the AR-12, Apartment Residential District requires each dwelling to have no fewer than three (3) dwelling units, while the applicant proposes a multi-family development that includes two-family dwellings. Additionally, variances to allow stacked parking in the driveways and to allow a pond in the east perimeter yard are requested. This property and tax parcel to the east will ultimately be combined, eliminating the perimeter yard requirement at this location. Staff supports these variances as they are technical in nature and will allow development that is compatible and consistant with development patterns of the area.
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To grant a Variance from the provisions of Section 3333.02, AR-12, ARLD and AR-1, Apartment Residential District Use; 3333.255, Perimeter Yard; 3342.15, Maneuvering, of the Columbus City Codes for the property located at 7440 EAST BROAD STREET (43004), to allow two-family dwellings and stacked parking in the L-AR-12, Limited Apartment Residential District and to declare an emergency. (Council Variance CV06-038)
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WHEREAS, by application # CV06-038, the owner of the property at 7440 EAST BROAD STREET (43004), is requesting a Variance to permit a two-family dwellings and stacked parking in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1, Apartment Residential District Use, does not permit two-family dwellings, while the applicant proposes to construct two-family dwellings as part of an apartment complex; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance so permits can be submitted following closing for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3342.15, Maneuvering, requires each parking space to have sufficient access and maneuvering area, while the applicant proposes to permit stacked parking in private driveways in front of the two-car attached garages of each dwelling unit; and
WHEREAS, Section 3333.255, Perimter Yard, requires the perimeter yard to be landscaped with live plant material, while the applicant is currently annexing the adjacent parcel to the east for inclusion in the development. Applicant will be locating a pond in the east perimeter yard and, while the tax parcels will be combined after the additional parcel is annexed and rezoned, the Certificate of Zoning Clearance for the 11.2+ acres that are the subject of this ordinance will be submitted before the tax parcel combination occurs; and
WHEREAS, City Departments recommend approval because the requested Council variance will allow the construction of two-family dwellings in the L-AR-12, Limited Apartment Residential District. A variance is necessary because the AR-12, Apartment Residential District requires each dwelling to have no fewer than three (3) dwelling units, while the applicant proposes a multi-family development that includes two-family dwellings. Additionally, variances to allow stacked parking in the driveways and to allow a pond in the east perimeter yard are requested. This property and tax parcel to the east will ultimately be combined, eliminating the perimeter yard requirement at this location. Staff supports these variances as they are technical in nature and will allow development that is compatible and consistant with development patterns of the area; 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 7440 EAST BROAD STREET(43004), in using said property as desired and; now, therefore:
SECTION 1. That a variance from the provisions of Section 3333.02, AR-12, Apartment Residential District use; 3333.255, Perimeter Yard; 3342.15, Maneuvering, of the Columbus City codes for the property located at 7440 EAST BROAD STREET (43004), insofar as said sections prohibit two-family dwellings, a pond in the east perimter yard and stacked parking; said property being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Jefferson, lying in Quarter Township 4, Township 1, Range 16, United States Military District, being all of the remainder of that 4.34 acre tract (Tract II) and all of that 2.788 acre tract (Tract I) conveyed to James A. Geiger, Trustee and Victoria L. Geiger, Trustee of record in Instrument Number 200502230032593, all of the remainder of that 4.47 acre tract conveyed to Christopher Blackburn and Marlene Blackburn of record in Instrument Number 200006260125744, and described as follows:
Beginning, for reference, at a monument found marking an angle point in the centerline of East Broad Street, being Station 306+17.79 of FRA/LIC-16-10.30/0.00 on file at the Ohio Department of Transportation;
thence South 81° 50' 35" West, with said centerline, 389.60 feet to the southwest corner of 44 WD conveyed to The State of Ohio of record in Official Record 16439B15 and the southeast corner of 38 WD conveyed to The State of Ohio of record in Official Record 16464D11;
thence North 03° 51' 45" East, with a common line to said 44 WD and said 38 WD, 56.23 feet to a ½ inch iron rod found at a common corner thereof, a southwest corner of that 1.422 acre tract conveyed to Annis L. Brake of record in Instrument Number 200305200150381, and in the north right-of-way line of East Broad Street, being the True Point of Beginning;
thence South 81° 50' 35" West, with said north right-of-way line and the north line of said 38 WD, and the north line of 37 WD conveyed to The State of Ohio of record in Official Record 16464B13, passing a ½ inch iron rod found at 163.69 feet, 327.43 feet to a ½ inch iron rod found at a northwest corner of said 37 WD, a northeast corner of 36 WD conveyed to The State of Ohio of record in Official Record 16572B03, and a southeast corner of Willow Oaks Condominium of record in Condo Plat Book 91, Page 75;
thence North thence South 86° 08' 26" East, with said south line and the south line of the remainder of that 42.71 acre tract conveyed to M. Melisse Strauch of record in Instrument Number 200403230063263, passing ¾ inch iron pipes with Hoy caps found at 111.83, 171.83 and 231.83 feet and a ¾ inch iron pipe found at 292.18 feet, 492.19 feet to a ½ inch iron rod found at northwest corner of the remainder of that 3.59 acre tract conveyed to East Side Grace Brethren Church of Columbus, Ohio of record in Deed Book 3336, Page 691;
thence South 04° 06' 05" West, with the west line of said 3.59 acre tract, 768.08 feet to an iron pin set at a northeast corner of said 1.422 acre tract;
thence North 85° 31' 54" West, with the north line of said 1.422 acre tract, passing a ½ inch iron rod found at 161.34 feet, 161.87 feet to a point;
thence South 03° 51' 45" West, with the west line of said 1.422 acre tract, 327.86 feet to the True Point of Beginning, containing 11.266 acres, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
This description was prepared through the use of existing records and an actual field survey performed in October, 2005.
The bearings are based on the Ohio State Plane Coordinate System per NAD83 (1986 Adjustment), South Zone. Control for bearings was from the coordinates of monuments FCGS 5011 and FCGS 4409, having a bearing of South 09° 48' 44" West, as established by the Franklin County Engineering Department.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
03° 31' 24" East, with the east line of said Willow Oaks Condominium, the east line of Willow Oaks Condominium First Amendment of record in Condo Plat Book 97, Page 1, the east line of Willow Oaks Condominium Second Amendment of record in Condo Plat Book 100, Page 59, the east line of Willow Oaks Condominium Third Amendment of record in Condo Plat Book 103, Page 93, the east line of Willow Oaks Condominium Fourth Amendment Part One of record in Condo Plat Book 105, Page 91, 1162.40 feet to a point referenced by a 1 inch iron pin found 0.65 feet south and 0.16 feet east, at a northeast corner thereof and in the south line of McNeill Farms Section 3 Part 3 of record in Plat Book 94, Page 36;
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two-family dwellings, and/or those uses permitted in the L-AR-12, Limited Apartment Residential District (Z06-027).
SECTION 3. That this ordinance is conditioned on the number of dwelling units being limited to 74 and every dwelling unit having not less than a two-car attached garage.
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. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.