Explanation
Council Variance Application: CV16-033
APPLICANT: Evergreen Ventures, LLC; c/o Jackson B. Reynolds, III, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 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 (Ordinance No. 2809-2016; Z16-024) to the AR-1, Apartment Residential District. The proposed apartment complex development includes a total of 33 units within six apartment buildings (19.65 units per acre). A portion of the site is on a separate parcel south of Collins Avenue which cannot be combined with apartment complex parcel, and will be used solely for parking spaces. A variance is requested for this stand-alone parking lot because it is not a permitted use of the AR-1 district. In addition to the use variance, variances are requested to reduce clear vision triangles, buildings lines, and perimeter yard. These reduced development standards are supportable because the proposed setbacks allow the buildings to be positioned closer to the street complementing the multi-unit residential development directly east across Michigan Avenue. Furthermore, the requested variances are reflective of recent residential infill development in urban neighborhoods.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, apartment residential district use; 3321.05(B)(2), Vision clearance; 3333.18(C), Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 815 MICHIGAN AVENUE (43215), to permit a multi-unit residential development with reduced development standards in the AR-1, Apartment Residential District (Council Variance # CV16-033).
Body
WHEREAS, by application No. CV16-033, the owner of property at 815 MICHIGAN AVENUE (43215), is requesting a Council variance to permit a multi-unit residential development with reduced development standards in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, prohibits parking lots as a primary use in the AR-1, Apartment Residential District, while the applicant proposes to use the southern parcel for additional parking; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires that a thirty (30) foot right angle clear vision triangle shall be maintained on each residential lot adjacent to a street intersection, while the applicant proposes to reduce the vision clearance triangle at the intersection of Michigan Avenue and Buttles Avenue to a ten (10) foot right angle triangle; and
WHEREAS, Section 3333.18(C), Building lines, requires a building setback of twenty-five (25) feet along Michigan Avenue and Buttles Avenue, while the applicant proposes a setback of five (5) feet along each of these frontages; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of twenty-five (25) feet, while the applicant proposes perimeter yards between ten (10) and five (5) feet, with encroachment of the dumpster enclosure into the south perimeter yard for the northern parcel and a reduced perimeter yard of 1.67± feet for the southern parcel, as shown on the site plan; and
WHEREAS, City Departments recommend approval because the variances are reflective of residential infill development in urban neighborhoods and will allow the development to have compatible setbacks to adjacent multi-unit residential development; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 815 MICHIGAN AVENUE (43215), 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 3333.02, AR-12, ARLD and AR-1, apartment residential district use; 3321.05(B)(2), Vision clearance; 3333.18(C), Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes, are hereby granted for the property located at 815 MICHIGAN AVENUE (43215), insofar as said sections prohibit a parking lot as a primary use in the AR-1, Apartment Residential District; a reduction of the clear vision triangle at the intersection of Michigan Avenue and Buttles Avenue from thirty (30) feet to ten (10) feet; reduced building setback lines along Michigan Avenue and Buttles Avenue from twenty-five (25) feet to five (5) feet; and a reduced perimeter yard for the northern parcel from twenty-five (25) feet to between ten (10) and five (5) feet, with the dumpster enclosure encroaching into the south perimeter yard, and a reduced perimeter yard for the southern parcel from 1.97± feet to 1.67± feet; said property being more particularly described as follows:
815 MICHIGAN AVENUE (43215), being 1.73± acres located at the southwest corner of Michigan and Buttles Avenues, and being more particularly described as follows:
Parcels: 010-000200, 010-014420, 010-082620, 010-038523, and 010-037841
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Parcel No. 1, Parcel No. 3 and Parcel No. 4 as conveyed to City Pointe North Ltd. of record in Instrument Number 200808010117878, the same being all of Lot Numbers 271-286 and part of Lot Numbers 287-296 and an Alley (20’) as dedicated in R.E. Neil’s 6th Addition of record in Plat Book 2, Page 110 and more particularly described as follows:
Beginning at the northeasterly corner of Parcel No.1, the same being the northeasterly corner of said Lot Number 283 and the same being the southwesterly right-of-way intersection of Buttles Avenue (70’) and Michigan Avenue (60’) as dedicated in said R.E. Neil’s 6th Addition;
Thence S 02° 45’ 45” W, along the easterly line of said Parcel No. 1, said Parcel No. 3 and said Parcel No. 4, the same being the easterly line of Lot Numbers 271-283 and along the westerly right-of-way line of said Michigan Avenue (60’), 382.33 feet+/- to the southeasterly corner of said Parcel No. 3, the same being the southeasterly corner of said Lot Number 271 and being the northwesterly right-of-way intersection of said Michigan Avenue (60’) and Collins Avenue (30’) as dedicated in R.E. Neil’s 5th Addition of record in Plat Book 2, Page 104;
Thence N 87° 11’ 03” W, along the southerly line of said Parcel No. 3, along the southerly line of said Lot Number 271, along the southerly line of said Alley (20’), along a portion of the southerly line of said Lot Number 296 and the same being the northerly right-of-way line of said Collins Avenue (30’), 150.50 feet+/- to the southwesterly corner of Parcel No. 3;
Thence along the westerly line of Parcel No. 3, along a portion of the westerly line of Parcel No. 1, being across said Lot Numbers 287-296 and being along the easterly right-of-way line of a parcel conveyed to the State of Ohio as shown on the Franklin County plans “FRA-3R-15.28”, the following four (4) courses;
N 14° 27’ 38” W, 94.25 feet+/-;
N 05° 07’ 14” W, 121.15 feet+/-;
N 87° 11’ 03” W, 7.00 feet+/-;
N 03° 44’ 17” W, 70.46 feet+/-;
Thence N 02° 45’ 45” E, along the westerly line of Parcel No. 1, the same being the westerly line of said Lot Numbers 284-286 and a portion of Lot Number 287 and the same being along the easterly right-of-way line of said Factory Street (30’) (aka Inglewood Avenue), 102.34 feet+/- to the northwesterly corner of said Parcel No. 1, the same being the northwesterly corner of said Lot Number 284, the same being the southeasterly right-of-way intersection of said Factory Street (30’) (aka Ingleside Avenue) and said Buttles Avenue (70’);
Thence S 87° 11’ 03” E, along the northerly line of said Parcel No. 1, the same being along the northerly line of said Lot Number 284, along the northerly line of said Alley (20’), along the northerly line of said Lot Number 283 and the same being the southerly right-of-way line of said Buttles Avenue (70’), 210.00 feet+/- to the Point of Beginning. Containing 1.679 acres.
Parcel: 010-011058
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Parcel No. 2 as conveyed to City Pointe North Ltd. of record in Instrument Number 200808010117878, the same being Lot Number 212 as dedicated in R.E. Neil’s 5th Addition of record in Plat Book 2, Page 104 and more particularly described as follows:
Beginning at the northeasterly corner of Parcel No. 2, the same being the northeasterly corner of said Lot Number 212 and the same being the southwesterly right-of-way intersection of Collins Avenue (30’) and Michigan Avenue (60’) as dedicated in said R.E. Neil’s 5th Addition;
Thence S 02° 45’ 45” W, along the easterly line of said Parcel No. 2, the same being the easterly line of Lot Number 212 and along the westerly right-of-way line of said Michigan Avenue (60’), 20 feet+/- to the southeasterly corner of said Parcel No. 2 , the same being the southeasterly corner of said Lot Number 212;
Thence N 87° 11’ 03” W, along the southerly line of said Parcel No. 2, the same being the southerly line of said Lot Number 212, 100.00 feet+/- the southwesterly corner of Parcel No. 2, the same being the southwesterly corner of Lot Number 212 and being in the easterly right-of-way line of an Alley (20’) as dedicated in said R.E. Neil’s 5th Addition;
Thence N 02° 45’ 45” E, along the westerly line of Parcel No. 2, the same being the westerly line of said Lot Number 212 and the same being the easterly right-of-way line of said Alley (20’), 20.00 feet+/- to the northwesterly corner of said Parcel No. 2, the same being the northwesterly corner of said Lot Number 212 and the same being the southwesterly right-of-way intersection of said Collins Avenue (30’) and said Alley (20’);
Thence S 87° 11’ 03” E, along the northerly line of said Parcel No. 2, the same being along the northerly line of said Lot Number 212 and the same being the southerly right-of-way line of said Collins Avenue (30’), 100.00 feet+/- to the Point of Beginning. Containing 0.046 acre.
All references used in this description can be found at the 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 used for a multi-unit unit residential development containing up to 33 units, or those uses permitted in the AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “ZONING PLAN FOR EVERGREEN” drawn by Advanced Civil Design, Inc., dated October, 28, 2016, and signed by Jackson B. Reynolds, III, Attorney for the Applicant. The 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 plan shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on 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.