Explanation
Council Variance Application: CV16-011
APPLICANT: 1341 Norton Partners LLC; c/o Donald Plank, Atty.; Plank Law Firm; 145 East Rich Street, FL 3; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance No. 1820-2016; (Z16-008)) to the AR-3, Apartment Residential District to allow the development of a 153-unit apartment building. The requested variances modify landscaping and screening, parking setback line, minimum number of parking spaces required, building lines, and rear yard requirements. These reduced development standards are supportable because the variances are for what is considered a compatible use and is reflective of higher-density infill development in close proximity to West Fifth and West Third Avenues which are commercial corridors.
Title
To grant a Variance from the provisions of Sections 3312.21(D)(1), Landscaping and screening; 3312.27, Parking setback line; 3312.49, Minimum number of parking spaces required; 3333.18, Building lines; and 3333.24, Rear yard, of the Columbus City Codes; for the property located at 1341 NORTON AVENUE (43212), to permit a 153-unit apartment building with reduced development standards in the AR-3, Apartment Residential District (Council Variance # CV16-011).
Body
WHEREAS, by application No. CV16-011, the owner of property at 1341 NORTON AVENUE (43212), is requesting a Council variance to permit a 153-unit apartment building with reduced development standards in the AR-3, Apartment Residential District; and
WHEREAS, Section 3312.21(D)(1), Landscaping and screening, requires the width of headlight screening to be 4 feet in width, while the applicant proposes headlight screening of 2 feet in width where the parking setback has been reduced to 2 feet, as noted on the Site Plan; and
WHEREAS, Section 3312.27, Parking setback line, requires a parking setback line of 25 feet, while the applicant proposes a parking setback line of 2 feet, as shown on the Site Plan; and
WHEREAS, 3312.49, Minimum number of parking spaces required, requires 1.5 parking spaces per dwelling unit, while the applicant proposes 1.14 parking spaces per dwelling unit, a reduction from 230 required spaces to 175 spaces; and
WHEREAS, 3333.18, Building lines, requires a building setback line of 25 feet, while the applicant proposes a building setback line of zero feet, as shown on the Site Plan; and
WHEREAS, 3333.24, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes to permit parking in the rear yard, as shown on the Site Plan; and
WHEREAS, the Fifth by Northwest Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variances are for what is considered a compatible use and reflective of higher-density infill development in close proximity to West Fifth and West Third Avenues which are commercial corridors; 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 1341 NORTON AVENUE (43212), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That variances from the provisions of Sections 3312.21(D)(1), Landscaping and screening; 3312.27, Parking setback line; 3312.49, Minimum number of parking spaces required; 3333.18, Building lines; and 3333.24, Rear yard, of the Columbus City Codes, are hereby granted for the property located at 1341 NORTON AVENUE (43212), insofar as said sections prohibit a reduced width in headlight screening from 4 feet to 2 feet; a reduced parking setback line from 25 feet to 2 feet; a reduced number of parking spaces required from 230 spaces to 175 spaces; a reduced building setback line from 25 feet to zero feet; and parking in the rear yard; said property being more particularly described as follows:
1341 NORTON AVENUE (43212), being 2.82± acres located on the west side of Norton Avenue, 262± feet north of West Third Avenue, and being more particularly described as follows:
ZONING DESCRIPTION OF +/- 2.8 ACRES
Situate in the State of Ohio, County of Franklin, City of Columbus, in Half Section 6, Township 5, Range 22, Refugee Lands, being all of the 1.147 acre, 0.012 acre and 1.660 acre tracts conveyed to Grandview 1341, LLC in Instrument Number 201303140043230, Parcels 1, 2 and 3, Recorder’s Office, Franklin County, Ohio and being more particularly bounded and described as follows:
BEGINNING at the northeast corner of said 1.147 acre tract, at the southeast corner of a 1.531 acre tract conveyed to CENTRO, INC. and HIGHPEARL, INC in Instrument Number 200002040024965, in the west line of Norton Avenue, 50 feet wide, said point being South 03 degrees 06 minutes 39 seconds West 292.7 feet from the southerly line of West Fifth Avenue;
Thence along the east line of said 1.147 acre, along part of the east line of said 1.660 acre tract and along the west line of Norton Avenue, South 03 degrees 06 minutes 39 seconds West 334.2 feet;
Thence continuing along part of the east line of said 1.660 acre tract and along the west line of Norton Avenue, South 02 degrees 58 minutes 43 seconds West, 382.7 feet to the southeast corner of said 1.660 acre tract and the east line of a 0.507 acre tract conveyed to The Banner Die, Tool and Stamping Company in Official Record Volume 17560, Page I07;
Thence along part of the west line of said 1.660 acre tract and part of the east line of said 0.507 acre tract, along the arc of a curve to the right having a radius of 399.86 feet and central angle of 60 degrees 32 minutes 26 seconds, North 27 degrees 05 minutes 05 seconds West, 403.1 feet to a point of tangency;
Thence along part of the west lines of said 1.660 acre and 1.147 acre tracts, the west line of said 0.012 acre tract, part of the east line of said 0.507 acre tract and part of the east line of a 1.104 acre tract conveyed to Holly Ave Living, LLC in Instrument Number 201510050140592, North 03 degrees 11 minutes 09 seconds East, 250.1 feet to the south line of said 1.531 acre tract;
Thence continuing along part of the west line of said 1.147 acre tract and along part of the south line of said 1.531 acre tract, North 15 degrees 10 minutes 12 seconds East, 94.3 feet;
Thence continuing along part of the west line of said 1.147 acre tract and continuing along part of the south line of said 1.531 acre tract, North 10 degrees 42 minutes 32 seconds East, 26.5 feet to the northwest corner of said 1.147 acre tract;
Thence along the north line of said 1.147 acre tract and continuing along part of the south line of said 1.531 acre tract, South 86 degrees 51 minutes 02 seconds East, 178.3 feet to the POINT OF BEGINNING, CONTAINING 2.8 ACRES, MORE OR LESS.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 153-unit apartment building, or those uses permitted in the AR-3, Apartment Residential District.
SECTION 3. That this ordinance is conditioned on the following:
1). Site development shall be conditioned upon on the subject site being developed in general conformance with the site plan titled, “ZONING VARIANCE SITE PLAN,” dated June 20, 2016, and signed by Donald Plank, 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.
2). There shall be a maximum of 153 dwelling units and a minimum of 175 parking spaces.
3). The apartment building architecture shall have the same quality of finish on all sides of the building.
4). Subject to approval of applicable City Departments, developer shall plant street trees in the Norton Avenue right of way, along the frontage of the site, at approximately 50’ on center.
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.