Explanation
Council Variance Application: CV03-038
APPLICANT: DVJ Enterprises, LLC; c/o Joan' L. Vosbury; 121 Beaty Street; Canal
Winchester, Ohio 43110.
PROPOSED USE: Seven-unit apartment building.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested variance would conform an existing seven-unit apartment building, allowing the reconstruction of the currently unsafe rear portion of the building, and incorporate a 525 square-foot expansion in the R-4, Residential District. The R-4, Residential District permits a maximum of four dwelling units in one building. The applicant requests variances for existing conditions, including front and side yard setbacks and minimum number of required parking spaces. A hardship exists in that a variance is necessary for the applicant to obtain refinancing and to permit reconstruction of the rear of the building.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential district; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; and 3342.28, Minimum number of parking spaces required; for the property located at 1331 BRUCK STREET (43207), to permit a seven-unit apartment building with reduced development standards in the R-4, Residential District and to declare an emergency. (Council Variance # CV03-038)
Body
WHEREAS, by application #CV03-038, the owner of the property at 1331 BRUCK STREET (43207), is requesting a Variance to permit an existing seven-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 to conform and reconstruct the rear portion of a seven-unit apartment building with reduced development standards; and
WHEREAS, Section 3332.21, Building lines, requires the setback to be that distance as determined where the line which connects the front of the nearest building on either side of the subject parcel, bisects the subject parcel, but in no case less than ten (10) feet, while the applicant proposes to maintain building lines of 8.8 feet along Bruck Street, and 8.7 feet along Frebis Avenue for the existing building; and
WHEREAS, Section 3332.25, Maximum side yard permitted, requires the sum of the widths of each side yard to equal 20% of the lot width, or not more than 16 feet, while the applicant proposes to maintain a maximum side yard of 13.37 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 a 4.67-foot side yard along the south property line for the existing building; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, while the applicant proposes to maintain zero parking spaces for the existing building; and
WHEREAS, this variance will permit an existing seven-unit apartment building with reduced development standards in the R-4, Residential District; and
WHEREAS, City Departments recommend approval and note a hardship exists because the requested variance would conform an existing seven-unit apartment building with reduced development standards in the R-4, Residential District, and allow the owner to refinance the property and to reconstruct the rear portion of the building that is currently unsafe; 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to begin without further delay the demolition and rebuilding of the one-story portion of this property that is in structural failure noting that all tenants have already vacated the building for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 1331 BRUCK STREET (43207), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.039, R-4, residential district; 3332.21, Building lines; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; and 3342.28, Minimum number of parking spaces required; for the property located at 1331 BRUCK STREET (43207), insofar as said sections prohibit a seven-unit apartment with an 8.8-foot building setback from Bruck Street, an 8.7-foot building setback from Frebis Avenue, reduced maximum side yard from 16 feet to 13.67 feet, reduced minimum side yard from 5 feet to 4.67 feet along the south property line, and a parking space reduction from 14 spaces to zero spaces; said property being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus, and bounded and described as follows:
Being Lot Numbers Nine (9) and Ten (10) of Michael Gall's Subdivision of Lots Nos. 23, 24,and 27 of Nathaniel Merions Amended Subdivision of Half Section 29, Township 5, Range 22, Refugee Lands, as the same are numbered and delineated Upon the recorded plat thereof, of record in Plat Book 5, Page 148, 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 as a seven-unit apartment, 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 and elevation plans titled "MERION VILLAGE CONDOMINIUM PROPOSAL", drawn by The ADE Group LTD, dated November 4, 2003, and signed by Joan' Vosbury, applicant. The Zoning 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 Zoning 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. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.