Explanation
Council Variance Application: CV11-004
APPLICANT: Dean W. Fried Trust c/o Donald T. Plank, Atty; Plank Law Firm; 145 East Rich Street, 3rd Floor; Columbus, Ohio 43201.
PROPOSED USE: To allow nine dwelling units in an existing building with reduced parking standards.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant seeks a variance to allow nine dwelling units in the C-4, Commercial District, with reduced parking. The C-4, Commercial District does not permit dwellings on the ground floor, while the applicant built three dwelling units on the ground floor. The applicant also requests a parking variance from 14 spaces to 12 spaces and a maneuvering variance. Staff supports the proposed variance. The three dwellings on the ground floor will have no adverse effect on area which is characterized by a mix of commercial and residential uses. The ground floor dwellings could be converted back to commercial use. Staff finds the parking and maneuvering variances to be negligible and supports the variance to not provide a tree in the parking lot since the parking lot existed before this requirement and there is no space to plant a tree. As written in this ordinance, should the site be redeveloped, the applicant will need to comply with the parking maneuvering and landscaping codes.
Title
To grant a variance from the provisions of Sections 3356.03, C-4 Permitted uses; 3312.21(A), Landscaping and Screening; 3312.25 Maneuvering area; and 3312.49 Minimum numbers of parking spaces required, of the Columbus City codes, for the property located at 2555 INDIANOLA AVENUE (43202), to conform nine dwelling units in an existing building with reduced parking standards. (CV11-004)
Body
WHEREAS, by application No. CV11-004, the owner of property at 2555 INDIANOLA AVENUE (43202), is requesting a Council Variance to permit six nine dwellings in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4, Permitted uses, does not allow dwelling units on the ground floor, while the applicant proposes to permit three (3) dwelling units on the ground floor and six (6) dwelling units over the previously mentioned ground floor dwelling units; and
WHEREAS, Section 3312.21(A), Landscaping and Screening; requires the interior of any parking lot containing ten (10) or more parking spaces to provide one deciduous tree per ten spaces, while the applicant wishes to provide no such trees because parking lot already existed before this requirement and there is no area to plant such trees; and
WHEREAS, Section 3312.25 Maneuvering area, requires each parking space to have 20 feet of maneuvering area for 90 degree parking spaces, while the existing parking lot utilizes stacked parking and the public alley has a 16 foot right-of-way, resulting in an 18 foot maneuvering area for the row of parking next to the public alley; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires 1.5 parking space per dwelling unit for a total of fourteen (14) parking spaces, while the applicant proposes twelve (12) existing parking spaces, except if an ADA parking space(s) is required, then the total number of required parking spaces shall be reduced to the number of ADA and regular parking spaces that can be provided on-site; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the three dwellings on the ground floor will have no adverse effect on area. The area is characterized by a mix of commercial and residential uses. The ground floor dwellings could be converted back to commercial use. Staff finds the parking and maneuvering variances to be negligible and supports the variance to not provide a tree in the parking lot since the parking lot existed before this requirement and there is no space to plant a tree; 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 owner of the property located at 2555 INDIANOLA AVENUE (43202), 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, C-4 Permitted uses, Section 3312.21(A), Landscaping and Screening, 3312.25 Maneuvering area and 3312.49 Minimum numbers of parking spaces required; of the Columbus City Codes for the property located at 2555 INDIANOLA AVENUE (43202), insofar as said sections prohibit dwellings on the ground floor in the C-4, Commercial District, with dwellings over the ground floor dwellings instead of commercial uses and reduced maneuvering in the existing parking lot and with twelve (12) parking spaces instead of fourteen (14) parking spaces that would have been required, and without any trees in the existing parking lot said property being more particularly described as follows;
Legal Description
2555 Indianola Avenue, Columbus, OH 43202
CV11-004
Situated in the City of Columbus, in the County of Franklin, and in the State of Ohio:
Being Lot Numbers Three Hundred Thirty-three (333) and Three Hundred Thirty Four (334) of George Williams Amended Subdivision of NORTHWOOD HEIGHTS, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, pages 121 and 270, Recorder's Office, Franklin County, Ohio
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with no more than nine (9) dwelling units including 3 dwelling units on the first floor total and/or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is conditioned upon twelve (12) parking spaces being provided on-site except if an ADA parking space(s) is required, then the total number of required parking spaces shall be reduced to the number of ADA and regular parking spaces that can be provided.
SECTION4. That the variances to 3312.21(A), Landscaping and Screening; 3312.25 Maneuvering area; and 3312.49 Minimum numbers of parking spaces required apply only while the existing building remains.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.