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File #: 1686-2012    Version: 1
Type: Ordinance Status: Passed
File created: 7/12/2012 In control: Zoning Committee
On agenda: 7/30/2012 Final action: 8/1/2012
Title: To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, apartment residential district use and 3333.23, Minimum side yard permitted, of the Columbus City Codes, for the property located at 738 BRYDEN ROAD (43205), to permit a hostel with reduced development standards in the ARLD, Apartment Residential District. (Council Variance #CV12-019)
Attachments: 1. ORD1686-2012attchmnts, 2. Notice Of Public Hearing - Council Mtg20120730
Explanation
Council Variance Application:  CV12-019
APPLICANT: RPMD LLC c/o David L. Hodge, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE:  To permit a hostel in the ARLD, Apartment Residential District with reduced development standards.
NEAR EAST AREA COMMISSION RECOMMENDATION:  Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval.  The applicant proposes to operate a hostel in an existing building that has served as a dormitory and rooming house in the past.  Hostel is not defined in the Zoning Code but could fit the definition of rooming house or apartment hotel, neither of which are allowed in the ARLD, Apartment Residential District.  Therefore a Council Variance is needed to allow this use.  The Olde Towne Quarter Economic Development Strategy (2010), recommends Medium-High Density Mixed Residential use for this site. Staff supports this use since it is consistent with the aforementioned study, is similar to past uses and the proposal would also result in the preservation of a noteworthy building.
 
 
Title
 
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, apartment residential district use and 3333.23, Minimum side yard permitted, of the Columbus City Codes, for the property located at 738 BRYDEN ROAD (43205), to permit a hostel with reduced development standards in the ARLD, Apartment Residential District. (Council Variance #CV12-019)
 
Body
 
 
WHEREAS, by application No. CV12-019, the owner of property at 738 BRYDEN ROAD (43205), is requesting a Council variance to allow a hostel in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, prohibits a hostel, while the applicant proposes to allow a hostel on the site; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a minimum side yard of five (5) feet, while the applicant proposes to allow a masonry enclosure within two feet (2) feet of the west property line; and
 
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the Historic Resources Commission recommends approval; and
WHEREAS, City Departments recommend approval because the applicant proposes to operate a hostel in an existing building that has served as a dormitory and rooming house in the past.  Hostel is not defined in the Zoning Code but could fit the definition of rooming house or apartment hotel, neither of which are allowed in the ARLD, Apartment Residential District.  Therefore a Council Variance is needed to allow this use.  The Olde Towne Quarter Economic Development Strategy (2010), recommends Medium-High Density Mixed Residential use for this site. Staff supports this use since it is consistent with the aforementioned study, is similar to past uses and the proposal would also result in the preservation of a noteworthy building.
 
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 738 BRYDEN ROAD (43205), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1.  Variances from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, apartment residential district use and 3333.23, Minimum side yard permitted, of the Columbus City Codes, for the property located at 738 BRYDEN ROAD (43205), insofar as said sections prohibit a hostel with a minimum north side yard of two (2) feet, said property being more particularly described as follows:
 
Parcel I:  Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number One (1) of BENJAMIN MONETT'S BRYDEN ROAD SUBDIVISION of Part of Lot No. 2 of James Bryden's and others Sub. of part of Half Section 24, Township 5, Range 22, Refugee lands, as the same is numbered and delineated upon the recorded plat of said Benjamin Monett's Bryden Road Subdivision, of record in Plat Book 7, pages 92 and 93, Recorder's Office, Franklin County, Ohio.
Parcel II:  Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Eight (8) feet off the entire east end of the following described tract:
Being a part of Lot No. 2 of James Bryden et al Subdivision of part of Half Section No. 24, Township No. 5, Range 22, Refugee Lands and bounded and described as follows:
Beginning at the northeast corner of Bryden Road and Parsons Avenue; thence eastwardly on the north line of Bryden Road to the southwest corner of Lot No. 1 of Benjamin Monett's Bryden Road Subdivision, as the same appears of record in Plat Book No. 7, page 92 Recorder's Office, Franklin County, Ohio; thence northerly on the west line of said Lot No. 1, 128.54 feet to the southeast corner of a parcel of land marked Reserve on said Monett's Bryden Road Subdivision; thence westerly on the south line of said Reserve 391 feet to the southwest corner of said Reserve; thence southerly on the east line of Parsons Avenue to the place of beginning.  Said premises being further known and described as the family residence and lot marked "Homestead" on the plat annexed to the Will of George M. Parsons, deceased; said Will and plat being of record in Will Record "Q" page 39 of the Will Records of Franklin County, Ohio.
Parcel III:  Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Eight (8) feet off the entire east end of the following described tract:
Being the parcel of ground known and described as the "Reserve" of Benjamin Monett's Bryden Road Subdivision of part of Lot No. 2 of James Bryden et al Subdivision of part of Half Section 24, Township 5, Range 22, Refugee Lands, as the said Reserve is described and delineated upon the recorded plat of said Benjamin Monett's Bryden Road Subdivision of record in Plat Book 7, pages 92 and 93, Recorder's Office, Franklin County, Ohio.  Said Reserve being all that parcel of ground which is bounded on the north by the alley running easterly and westerly between Bryden Road and Gustavus Lane, on the East by Lot No. 1 of said Monett's Bryden Road Subdivision; on the south by the premises known and described as the family residence and lot marked "Homestead" on the plat annexed to the Will of George M. Parsons, deceased, late of Franklin County, Ohio, said will and plat being of record in Vol. "Q", pages 39 et seq. of the Will Records of said Franklin County and the West by Parsons Avenue and which is 8.20 feet, more or less, in width measured on the east line of Parsons Avenue, and 21.45 feet, more or less, in width measured on the west line of said Lot No. 1 of said Monett's Bryden Road Subdivision.
SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a hostel, or those uses permitted in the ARLD, Apartment Residential District.
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.