Explanation
Council Variance Application: CV06-028
APPLICANT: Connie J. Klema, Atty.; P.O. Box 991; Pataskala, Ohio 43062.
PROPOSED USE: Six-unit apartment building.
ITIALIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a 10, 070 square-foot vacant industrial building. The requested variance would permit the conversion of the building into a six-unit apartment building with reduced development standards in the R-4, Residential District. The R-4, Residential District permits a maximum of four dwelling units in one building. Variances for building setback, yard and area standards, and a reduction of six two required parking spaces are also included in the request This proposal is consistent with the established development pattern of the area. A hardship exists in that a variance is necessary to permit development that reflects the historic character and surrounding land uses within the neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential district; 3332.15, R-4 area district requirements; 3332.18, Basis of computing area; 3332.19, Fronting on a public street; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.15, Maneuvering; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes for the property located at 68 EAST PRESCOTT STREET (43215), to permit a six-unit apartment building with reduced development standards in the R-4, Residential District (Council Variance # CV06-028).
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WHEREAS, by application #CV06-028, the owner of property at 68 EAST PRESCOTT STREET (43215), is requesting a Variance to permit a six-unit apartment building with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential district, permits a maximum of four dwelling units in one building, while the applicant proposes a six-unit apartment building with reduced development standards; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires that a dwelling containing three (3) or four (4) dwelling units shall be situated on a lot with an area which equals or exceeds twenty-five hundred (2,500) square feet per dwelling unit, while the applicant proposes to convert an existing building into a six-unit apartment on an 11,602 square-foot lot; and
WHEREAS, Section 3332.18, Basis of computing area, requires that no dwelling shall occupy alone or together with any other building greater than fifty (50) percent of the lot area, while the applicant proposes to maintain an 86.8% lot coverage for the existing building; and
WHEREAS, Section 3332.19, Fronting on a public street, requires a dwelling unit to have frontage on a public street, while the applicant proposes to maintain partial frontage for the existing building along the portion of Prescott Street that is considered an alley; and
WHEREAS, Section 3332.21, Building lines, requires the setback to be twenty-five (25) feet, while the applicant proposes to maintain a building line of fifteen (15) feet for the existing building; and
WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard to equal or exceed 20% of the seventy (70) foot wide lot, or fourteen (14) feet, while the applicant proposes to maintain a maximum side yard of zero (0) feet for the existing building; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes to maintain minimum side yards of zero (0) feet for the existing building; 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 to maintain a zero (0) percent rear yard for the existing building; and
WHEREAS, Section 3342.15, Maneuvering, requires that every parking and loading space shall have sufficient access and maneuvering area which may occur anywhere on a lot, while the applicant proposes to maintain a maneuvering area of less than 20 feet for the existing building as shown on the site plan; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, or twelve (12) spaces, while the applicant proposes six (6) ten (10) parking spaces; and
WHEREAS, this variance will permit a six-unit apartment building with reduced development standards in the R-4, Residential District; and
WHEREAS, the Italian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the requested variance would allow a development that is consistent with the established development pattern of the area, and reflects the historic character and surrounding land uses within the neighborhood; 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 68 EAST PRESCOTT STREET (43215), in using said property as desired and; now, therefore:
SECTION 1. That a variance is granted from the provisions of Sections 3332.039, R-4, Residential District; 3332.15, R-4 area district requirements; 3332.18, Basis of computing area; 3332.19, Fronting on a public street; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.15, Maneuvering; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes for the property located at 68 EAST PRESCOTT STREET (43215), insofar as said sections prohibit a six-unit apartment building on an 11,602 square-foot lot, with an 86.8% lot coverage, partial frontage on an alley, a fifteen (15) foot building setback where twenty-five (25) would be required, a reduced maximum side yard from fourteen (14) feet to zero (0) feet, reduced minimum side yards from five (5) feet to zero (0) feet, a reduced rear yard from twenty-five (25) percent to zero (0) percent, a maneuvering area of less than twenty (20) feet, and a parking space reduction from twelve (12) required spaces to six (6) ten (10); said property being more particularly described as follows:
68 EAST PRESCOTT STREET (43215), being 0.26± acres located on the north side of East Prescott Street, west of the intersection with Kerr Street, and being more particularly described as follows:
Situated in the County of Franklin, State of Ohio and City of Columbus and being further described as follows:
Being seventy (70) feet off the east side of the west half of Lot Number Ten (10) in William Phelan's Mt. Pleasant Addition to said City, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, page 9, Recorder's Office, Franklin County, Ohio. EXCEPTING HOWEVER FROM THE ABOVE DESCRIBED PREMISES 130 FEET OFF OF THE NORTH END THEREOF.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a six-unit apartment building, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, "68 EAST PRESCOTT STREET," drawn by Urban Order Architects, dated June 12, 2006, and signed by Connie J. Klema, applicant. The 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 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.