Explanation
Council Variance: CV05-018.
APPLICANT: Community Housing Network, Inc.; c/o Samantha A. Shuler, Atty.; 957 East Broad Street; Columbus, OH 43205.
PROPOSED USE: Fifteen-unit apartment building.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. This variance would allow the applicant to replace four non-conforming two-family dwellings in the R-3, Residential District with a fifteen-unit apartment building at a density of 33.5 dwelling units/acre. The proposed development for residents with special needs would have a resident manager and tenant community room. Staff recommends disapproval because the proposed 15-unit apartment building is inconsistent with The Greater Hilltop Plan (2001) land-use recommendations and with the surrounding zoning and development pattern. While the Plan recognizes the need to provide senior and special needs housing, the land-use section recommends that such uses be located along West Broad Street and states that, "New construction or additions should be compatible with the size, scale, materials and general built characteristics of the property and surrounding built environment." The R-3, Residential zoning around this site permits one single-family dwelling per lot. Except for a few non-conforming residential and commercial land-uses, the surrounding neighborhood is developed with single-family dwellings that are of much smaller scale than the proposed apartment building. The Plan also recommends appropriate buffering between land-uses, which cannot be provided in the proposed five (5) foot wide side yard located north of the apartment building. Additional variances to development standards are requested to allow the building to front a public alley (a technical variance required because the main entrance is at the rear of the building), to reduce the minimum number of required parking spaces, and to eliminate perimeter parking lot screening.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 Residential District Use; 3332.19, Fronting; 3342.17, Parking Lot Screening; and 3342.28, Minimum number of parking spaces required, for the property located at 117 BELVIDERE AVENUE (43223), to permit a 15-unit apartment building with reduced development standards on a lot zoned in the R-3, Residential District (Council Variance CV05-018).
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WHEREAS, by application No. CV05-018, the owners of property at 117 BELVIDERE AVENUE (43223), are requesting a Council Variance to permit a 15-unit apartment building on a lot zoned in the R-3, Residential District with reduced development standards; and
WHEREAS, Section 3332.035, R-3 Residential District Use, permits one single-family dwelling on a lot, while the applicant proposes a 15-unit apartment building; and
WHEREAS, Section 3332.19, Fronting, requires that a building front on a public street, while the applicant proposes a building with a façade designed to look like the front of the building facing Belvidere Avenue but with a single primary entry located at the side of the building; and
WHEREAS, Section 3342.17, Parking Lot Screening, requires five foot high, 75% opaque screening for parking lots located within eighty feet of residentially zoned property, while the applicant proposes to eliminate parking lot screening; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires thirty (30) parking spaces for the proposed 15-unit apartment building, while the applicant proposes to provide ten (10) parking spaces; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
WHEREAS, City Departments note that a hardship exists but recommend disapproval because the proposed 15-unit apartment building is not consistent with land-use recommendations in The Greater Hilltop Plan or with the surrounding zoning and development pattern; 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 117 BELVIDERE AVENUE (43223), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is granted from the provisions of Sections 3332.035, R-3 Residential District Use; 3332.19, Fronting; 3342.17, Parking Lot Screening; and 3342.28, Minimum number of parking spaces required, for the property located at 117 BELVIDERE AVENUE (43223), to permit a 15-unit apartment building that does not front on a public street (the primary access will be located at the side of the building), without parking lot screening, and with the number of required parking spaces reduced from 30 to 10 spaces on a lot zoned in the R-3, Residential District; said property being more particularly described as follows:
LEGAL DESCRIPTION FOR 117 BELVIDERE AVENUE
Parcel 1 (Tax Parcel 010-000560)
Situated in the County of Franklin, in the State of Ohio, and in the City of Columbus.
Being a part of Lot 12, of the HENRY O'BLENESS SUBDIVISION as the same is numbered an delineated upon the recorded plat thereof, of record in Plat Book 3, page 354, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at the southeast corner of said Lot 12, and in the westerly line of Belvidere Avenue (60 feet wide); thence in a northerly direction along the easterly line of said Lot 12, (the westerly line of Belvidere Avenue) a distance of Seven and no/100 (7.0') to an iron pin in the northerly line of a 14.5 foot alley (the westerly line of Belvidere Avenue) and the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; thence in a westerly direction and along the northerly line of said 14.5 foot wide alley, and parallel to the south line of said Lot 12, a distance of One Hundred Sixty-seven and 75/100 (167.5') feet to a point in the easterly line of a 20 foot alley (said 20 foot alley not dedicated although open and being used as a public alley); thence in a northerly direction and parallel to the easterly line of said Lot 12 (along the easterly line of said 20 foot alley) a distance of Fifty-seven and 54/100 (57.54') feet to a point;
Thence in an easterly direction across said Lot 12 and parallel to the southerly line of said Lot 12, a distance of One Hundred Sixty-seven and 75/100 (167.75') feet to a point in the west line of said Belvidere Avenue and the east line of said Lot 12; thence in a southerly direction along the easterly line of said Lot 12, (the westerly line of Belvidere Avenue), a distance of Fifty-seven and 54/100 (57.54') feet to the place of beginning, containing 9,652.34 square feet.
Parcel 2 (Tax Parcel 010-055359)
Located in the City of Columbus, County of Franklin, State of Ohio.
Being a part of Lot 12, of the HENRY O'BLENESS SUBDIVISION, as the same is numbered an delineated upon the recorded plat thereof, of record in Plat Book 3, page 354, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at the southeast corner of said Lot 12 and in the westerly line of Belvidere Avenue (60 feet wide); thence in a northerly direction along the easterly line of said Lot 12 (the westerly line of Belvidere Avenue), a distance of Sixty-four and 54/100 (64.54') feet to a point in the easterly line of said lot 12 and the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; thence in a westerly direction across said Lot 12 and parallel to the South line of said Lot 12, a distance of One Hundred Sixty-seven and 75/100 (167.75') to a point in the easterly line of a 20 foot wide alley, (said alley not dedicated although open and being used as a public alley); thence in a northerly direction parallel to the easterly line of said Lot 12 (along the easterly line of said 20 foot alley), a distance of Fifty-eight and no/100 (58.00') feet to an iron pin in the North line of said Lot 12 (the South line of Lot 11 of said HENRY O'BLENESS SUBDIVISION).
Thence in an easterly direction along the north line of said Lot 12 (the South line of said Lot 11) and parallel to the South line of said Lot 12, a distance of One Hundred Sixty-seven and 75/100 (167.75') feet to an iron pin in the easterly line of said lot 12, (the westerly line of said Belvidere Avenue); thence in a southerly direction along the easterly line of said Lot 12 (the westerly line of Belvidere Avenue), a distance of Fifty-eight and no/100 (58.00') feet to the place of beginning, containing 9,729.50 square feet.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 15-unit apartment building, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the registered site plan and building elevations titled, "COMMUNITY HOUSING NETWORK ZONING CLEARANCE PLAN," signed on May 27, 2005 by Samantha Shuler, attorney for the applicant. Any minor revision(s) to said site plan are subject to review and approval by the Director of Development Department, or his or her designee.
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.