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File #: 1955-2014    Version: 1
Type: Ordinance Status: Passed
File created: 8/21/2014 In control: Zoning Committee
On agenda: 9/8/2014 Final action: 9/11/2014
Title: To grant a Variance from the provisions of Section 3333.255, Perimeter Yard, of the Columbus City Codes; for the property located at 7503 WORTHINGTON-GALENA ROAD (43085), to permit reduced development standards in the L-AR-1, Limited Apartment Residential District for a multi-unit residential development (Council Variance # CV14-028).
Attachments: 1. ORD#1955-2014.Attachments, 2. Notice Of Public Hearing - Council Mtg20140908
Explanation
 
Council Variance Application: CV14-028
 
APPLICANT: Preferred Real Estate Investments II, LLC; Deanna R. Cook, Attorney; 52 East Gay Street; Columbus, Ohio 43215.
 
PROPOSED USE: Multi-unit residential development.
                                                                                 
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Z14-017) to the L-AR-1, Limited Apartment Residential District. The applicant proposes to build a multi-unit residential development with up to 150 units. In order to develop the site consistent with the established development pattern, a variance to reduce the required twenty-five (25) foot perimeter yard along the south boundary of the site to five (5) feet is requested. The requested reduction to the twenty-five (25) foot setback from the south property line is supportable because that adjacent property is zoned and used for industrial purposes. Therefore, this variance will allow for more and better utilization of interior space for the residents of this development.  
 
Title
 
To grant a Variance from the provisions of Section 3333.255, Perimeter Yard, of the Columbus City Codes; for the property located at 7503 WORTHINGTON-GALENA ROAD (43085), to permit reduced development standards in the L-AR-1, Limited Apartment Residential District for a multi-unit residential development (Council Variance # CV14-028).
 
Body
 
WHEREAS, by application No. CV14-028, the owner of property at 7503 WORTHINGTON-GALENA ROAD (43085), is requesting a Council Variance to permit reduced development standards in the L-AR-1, Limited Apartment Residential Development District for a multi-unit residential development; and
 
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of twenty-five (25) feet, while the applicant proposes a perimeter yard of five (5) feet along the southern boundary of the site; and
 
WHEREAS, City Departments recommend approval because that adjacent property is zoned and used for industrial purposes and the variace will allow for more and better utilization of interior space for the residents of this development; 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 7503 WORTHINGTON-GALENA ROAD (43085), 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 3333.255, Perimeter Yard, of the Columbus City Codes, is hereby granted for the property located at 7503 WORTHINGTON-GALENA ROAD (43085), insofar as said section prohibits a perimeter yard of five (5) feet along the southern boundary of the site in the L-AR-1, Limited Apartment Residential District; said property being more particularly described as follows:
 
7503 WORTHINGTON-GALENA ROAD (43085), being 5.29± acres located on the west side of Worthington-Galena Road, 97± feet south of Larkfield Drive, and being more particularly described as follows:
 
Situated in the State of Ohio, County of Franklin, and City of Columbus, and containing 5.294 acres more or less, and being the remaining part of a 51.226 acre more or less acre tract, of Farm Lot 5, Section 1, Township 2, Range 18, and being more particularly described as follows;
 
Beginning for reference at a railroad spike found in the centerline of Worthington-Galena Road and the southeasterly corner of Worthington Village North, Section 1 of Plat Book 81, Pg 74 of the Franklin County Recorders Office, and being "THE TRUE POINT OF BEGINNING;"
 
thence with the centerline of said road, S 39°26'09"W a distance of 425.54 feet to the northeast corner of Millcraft Paper Company, OR 04619 C-02 of the Franklin County Recorders Office, and a railroad spike found,
 
thence with the northerly line of said Millcraft Paper Company, OR 04619 C-02 of the Franklin County Recorders Office and the southerly line of the herein described 5.294 acre tract, N 87°36'l 1" W a distance of 550.75' to the southeast corner of Worthington Village North, Section 3 of Plat Book 85, Pg 19 of the Franklin County Recorders Office, and an iron pin found,
 
thence with the easterly line of said Worthington Village North, Section 3 of Plat Book 85, Pg 19 of the Franklin County Recorders Office and westerly line of the herein described 5.294 acre tract, N 02°24'07" E a distance of 339.74' to a point on the southerly line of Worthington Village.North, Section 1 of Plat Book 81, Pg 74 of the Franklin County Recorders Office, and an iron pin found,
 
thence with the southerly line of said Worthington Village North, Section 1 of Plat Book 81, Pg 74 of the Franklin County Recorders Office, and the northerly line of the herein described 5.294 acre tract, S 87°35'53" a distance of 806.97 feet to a railroad spike found in the centerline of Worthington-Galena Road and "THE TRUE POINT OF BEGINNING," containing 5.294 acres more or less.
 
Subject to any and all easements, restrictions, right-of-ways and highways of previous record.
 
Basis of bearing: Southerly subdivision of Worthington Village North Section 1 of Plat Book 81, Pg 74 of the Franklin County Recorders Office, and being S 87°35'53" E.
 
SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a multi-unit residential development.
 
SECTION 3.  That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.