Explanation
Council Variance Application: CV06-058
APPLICANT: JBH Holdings Inc. et al; c/o Jackson B. Reynolds, III, Atty.; Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Mixed-use multi-family residential and retail commercial development.
VICTORIAN DISTRICT COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant proposes an eight-story mixed-use residential and commercial building comprised of a maximum of forty-six (46) apartment residential units, approximately 4,800 square feet of commercial space, and enclosed parking in the L-C-4, Limited Commercial District. As part of the request, variances are included to conform an existing six-unit apartment building (18-30 West Fourth Avenue), and to allow lot splits from the rear of two adjacent parcels fronting on West Fourth Avenue (010-260939 and 010-042281) to be incorporated into the new building site. The current lot configuration was committed to within the current L-C-4 District (Z90-103), and variances are requested to alter the L-C-4 text. The applicant has agreed to request an amendment to the current L-C-4 District to address these changes. A reduction of forty (40) parking spaces is included in the request along with variances to building height, rear yard, stacked parking, aisle width, driveway width, parking lot screening, and to allow access from the rear of the development through the portion of the site zoned in the AR-1 District. The requested variances will permit the construction of a mixed-use building with reduced development standards that is consistent with the development patterns and historic character of the surrounding neighborhood.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; 3333.02, AR-12, ARLD and AR-1, Apartment residential district use; 3309.14, Height districts; 3333.24, Rear yard; 3342.06, Aisle; 3342.08, Driveway; 3342.15, Maneuvering; 3342.17, Parking lot screening; 3342.19, Parking space; 3342.28, Minimum number of parking spaces required; 3370.06, Standards; and 3370.07, Conditions and limitations, of the Columbus City Codes, for the property located at 1127 NORTH HIGH STREET (43201), to conform a six-unit apartment building, and to permit a maximum of forty-six (46) apartment residential units and limited commercial uses with reduced development standards in the L-C-4, Limited Commercial, and AR-1, Apartment Residential Districts (Council Variance # CV06-058).
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WHEREAS, by application No. CV06-058, the owner of property at 1127 NORTH HIGH STREET (43201), is requesting a Council variance to conform a six-unit apartment building, and to permit a maximum of forty-six (46) apartment residential units and limited commercial uses with reduced development standards in the L-C-4, Limited Commercial, and AR-1, Apartment Residential Districts; and
WHEREAS, Sections 3356.03, C-4 permitted uses, permits dwelling units only above certain commercial uses, while the applicant proposes to conform a six-unit apartment building, and to permit a maximum of forty-six (46) apartment residential units with residential parking on the first floor, and second floor residential uses not located over ground floor commercial uses; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1, Apartment residential district use, prohibits access for a commercial use, while the applicant proposes site access through the rear portion of the property zoned in the AR-1, Apartment Residential District; and
WHEREAS, Sections 3309.14, Height districts, requires a maximum building height of thirty-five (35) feet at the setback for this property, while the applicant proposes an eight (8) story building with a maximum height of one-hundred ten (110) feet; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes a twenty-one (21) percent rear yard for the existing structure as a result of the proposed lot split to parcel number 010-042281; and
WHEREAS, Section 3342.06, Aisle, requires twenty (20) foot wide minimum aisles for ninety (90) degree parking, while the applicant proposes a ten (10) foot wide aisle; and
WHEREAS, Section 3342.08, Driveway, requires commercial driveways to have a minimum width of twenty (20) feet, while the applicant proposes a ten (10) foot wide driveway; and
WHEREAS, Section 3342.15, Maneuvering, requires that sufficient maneuvering area be provided for each parking space, while the applicant proposes that maneuvering for fourteen (14) residential parking spaces occur over fourteen (14) stacked residential parking spaces; and
WHEREAS, Section 3342.17, Parking lot screening, requires minimum five (5) foot high, 75% opaque screening for parking lots located within eighty (80) feet of residentially zoned property space, while the applicant proposes no parking lot screening; and
WHEREAS, Section 3342.19, Parking space, allows stacked parking only for single-family and two-family dwellings, while the applicant proposes fourteen (14) stacked residential parking spaces; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, and one (1) parking space for every 250 square feet of retail space, while the applicant proposes a total of eighty-four (84) parking spaces for fifty-two (52) multi-family units, and approximately 4,800 square feet of commercial retail space, a reduction of forty (40) required spaces, with zero (0) on-site parking spaces for the six-unit apartment building located at 18-30 West Fourth Avenue; and
WHEREAS, Section 3370.06, Standards, requires any use to meet or exceed each minimum development standard of the underlying zoning classification unless more limited standards are specifically identified in the limited overlay development plan in which event such more limited standards shall apply, while the applicant requests deviation from some of the standards of the underlying C-4, Commercial District or some of the limitations contained in the limitation text of Z90-103; and
WHEREAS, Section 3370.07, Conditions and limitations, requires any use to conform to each condition or limitation specifically identified and imposed in the development plan, while the applicant does not wish to comply with the zoning text requirements in Z90-103 that required that all parcels included in the rezoning remain intact; that six (6) parking spaces be provided on the same parcel as the six-unit townhouse fronting on West Fourth Avenue (Parcel 3); and that access to the site be provided through the parcel located at the northwest corner of North High Street and West Fourth Avenue (Parcel 4); and instead proposes lot splits of parcel numbers 010-260939 and 010-042281 to be incorporated into the new building site thereby providing the six (6) parking spaces within the enclosed parking structure of the new building, and to move the site access further to the west on West Fourth Avenue as shown on the site plan; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will allow an eight-story mixed-use residential and commercial building comprised of a maximum of forty-six (46) apartment residential units, approximately 4,800 square feet of commercial space, and enclosed parking in the L-C-4, Limited Commercial District. As part of the request, variances are included to conform an existing six-unit apartment building (18-30 West Fourth Avenue), and to allow lot splits from the rear of two adjacent parcels fronting on West Fourth Avenue (010-260939 and 010-042281) to be incorporated into the new building site. The current lot configuration was committed to within the current L-C-4 District (Z90-103), and variances are requested to alter the L-C-4 text. The applicant has agreed to request an amendment to the current L-C-4 District to address these changes. A reduction of forty (40) parking spaces is included in the request along with variances to building height, rear yard, stacked parking, aisle width, driveway width, parking lot screening, and to allow access from the rear of the development through the portion of the site zoned in the AR-1 District. The requested variances will permit the construction of a mixed-use building with reduced development standards that is consistent with the development patterns and historic character of the surrounding neighborhood;
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 1127 NORTH HIGH STREET (43201), 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 3356.03, C-4 permitted uses; 3333.02, AR-12, ARLD and AR-1, Apartment residential district use; 3309.14, Height districts; 3333.24, Rear yard; 3342.06, Aisle; 3342.08, Driveway, 3342.15, Maneuvering; 3342.17, Parking lot screening; 3342.19, Parking space; 3342.28, Minimum number of parking spaces required; 3370.06, Standards; and 3370.07, Conditions and limitations of the Columbus City Codes are hereby granted for the property located at 1127 NORTH HIGH STREET (43201), insofar as said sections prohibit a six-unit apartment building, a mixed-use development with a maximum of forty-six (46) apartment units, with access through the AR-1, Apartment Residential District, a maximum building height of one-hundred ten (110) feet, a twenty-one (21) percent rear yard, a ten (10) foot-wide aisle, a ten (10) foot-wide driveway, maneuvering for residential parking spaces occurring over stacked residential parking spaces, no parking lot screening, fourteen (14) stacked residential parking spaces, a parking space reduction of forty (40) required spaces, and changes to the limitation text requirements in Z90-103 to allow lot splits of parcel numbers 010-260939 and 010-042281, reconfiguration of six (6) parking spaces, and relocation of the site access; said property being more particularly described as follows:
1127 NORTH HIGH STREET (43201), being 0.92± acres located on the west side of North High Street, 41± feet north of West Fourth Avenue, being more particularly described as follows:
TRACT I
0.549 ACRES
Situated in the City of Columbus, County of Franklin, State of Ohio, and being a part of Fractional Section Number 5, Township 5, Range 22, also being part of the Refugee Lands; also being a part of Reserve "A" of Robert Winterbothams Subdivision, as recorded in Plat Book 3 Pg 171; also being a 0.463 acre tract as conveyed to JBH Holdings, LLC in Instrument No. 200604210075138, a part of a 0.112 acre tract as conveyed to Jackson Station Condominiums as recorded in Instrument No. 200607250145639, a part of a 0.175 acre tract as conveyed to Short North Condominium, as recorded in Condominium Plat Book 100 Pg 22, and a part of a 0.204 acre tract as conveyed to David Hann as described in Instrument No. 200505020081685, and being more particularly described as follows:
Commencing at the intersection of the northerly right-of-way line of Fourth Avenue (60' wide right-of-way) and the westerly right-of-way line of High Street (86' wide right-of-way), said point also being the southeasterly corner of said 0.112 acre tract; thence,
Along the westerly right-of-way line of High St, also being along the easterly line of said 0.112 acre tract North 11° 36' 04" West for a distance of forty and eight-two one-hundredths feet (40.82') to a 1" iron pipe found, said point being the southeasterly corner of said 0.463 acre tract, said point also being along the westerly line of High Street, said point also being the TRUE POINT OF BEGINNING, and from said beginning point running thence:
Along a northerly line of said 0.112 acre tract, South 89° 53' 29" West, for a distance of sixty-nine and ninety-three one-hundredths feet (69.93') to a point, said point being a corner of said 0.112 acre tract; thence,
Along an easterly line of said 0.112 acre tract, North 11° 36' 04" West, for a distance of nine and sixty-five one-hundredths feet (9.65') to a 1" iron pipe found, said point being along an easterly line of said 0.112 acre tract; thence,
Along a proposed new division line, South 89° 58' 31" West, for a distance of twenty-nine and six one-hundredths feet (29.06') to a 1" iron pipe found, said point being along the westerly line of said 0.112 acre tract, said point also being along the easterly line of said 0.175 acre tract; thence,
Along a portion of the easterly line of said 0.175 acre tract, also being along a portion of the westerly line of said 0.112 acre tract North 00° 02' 50" West, for a distance of fourteen and five one-hundredths feet (14.05') to a 1" iron pipe found, said point being the northeasterly corner of said 0.175 acre tract, said point also being a northwesterly corner of said 0.112 acre tract; thence,
Along the northerly line of said 0.175 acre tract, and then along a proposed new division line, North 89° 55' 08" West, for a distance of one hundred two and ninety-four one-hundredths feet (102.94') to a point, said point being the along the westerly line of said 0.175 acre tract, said point also being along the easterly line of said 0.204 acre tract; thence,
Along the easterly line of said 0.204 acre tract, North 00° 06' 31" West, for a distance of forty-eight and two one-hundredths feet (48.02') to an iron pin set, said point being along the easterly line of said 0.204 acre tract; thence,
Along a proposed new division line, North 89° 43' 20" West, for a distance of fifty-eight and fifty-two one-hundredths feet (58.52') to a nail set, said point being along the easterly right-of-way line of a 20' alley, said point also being along the westerly line of said 0.204 acre tract; thence,
Along a portion of the westerly line of said 0.204 acre tract, also being along the easterly line of said 20' alley, North 00° 06' 31" West, for a distance of forty-three and forty-nine one-hundredths feet (43.49') to a nail set, said point being the northwesterly corner of said 0.204 acre tract, said point also being at the intersection of the easterly line of said 20' alley and the southerly line of a 20' alley; thence,
Along the southerly line of said 20' alley, also being along the northerly line of said 0.204 acre tract, North 89 57' 30" East, for a distance of forty-eight and sixty-nine one-hundredths feet (48.69') to a 1" iron pipe found, said point being a corner of said 0.204 acre tract, said point also being the southerly terminus of the easterly line of a 25' alley; thence,
Along the easterly line of said 25' alley, North 00° 57' 38" West, for a distance of ten and zero one-hundredths feet (10.00') to a 1" iron pipe found, said point being along the easterly line of said 25' alley, said point also being the southwesterly corner of a tract of land as conveyed to Skully's Music Diner, LLC as described in Instrument No. 200312120393472; thence,
Along the southerly line of said lands of Skully's Music Diner, LLC, North 89° 57' 30" East, for a distance of one hundred eighty-eight and twenty-nine one-hundredths feet (188.29') to a 1" iron pipe found, said point being the southeasterly corner of said lands of Skully's Music Diner, LLC, said point also being along the westerly right-of-way line of High Street; thence,
Along the westerly right-of-way line of High Street, South 11° 36' 04" East, for a distance of one hundred twenty-eight and nine one-hundredths feet (128.09') to the point of beginning containing 0.549 acres of land, more or less, as determined by Michael L. Keller, Professional Surveyor, Ohio License No. 7978, based on an actual survey performed by Kleingers & Associates Inc. in March, 2006.
Basis of bearings for the herein-described courses is the westerly right-of-way line of High Street being South 11° 36' 04" East per Instrument No. 199711060138281.
Iron pins set are 5/8" diameter rebar, 30" in length, with plastic identifier caps stamped "Kleingers & Assoc".
Subject to any easements, restrictions, covenants, ordinances, or agreements of record.
TRACT II
0.175 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 5, Township 5, Range 22, Refugee Lands. Being a part of Reserve "A" of Robert Winterbotham's Subdivision as is numbered and delineated on the recorded plat thereof, of record in Plat Book 3, Page 171, all records being of the Franklin County Recorder's Office, and also being a part of the 0.756 acre tract conveyed to Lakota Investment Company Limited in Official Record Volume 32707 J-11, and being more particularly bounded and described as follows:
Commencing at a set drill hole at the intersection of the north line of West Fourth Avenue, 60 feet wide, and the west line of North High Street, 86 feet wide, at the southeast corner of said 0.756 Acre tract;
Thence, along the north line of West Fourth Avenue and part of the south lines of said 0.756 Acre tract and said Reserve "A", South 89 degrees 53 minutes 29 seconds West, 109.10 feet to a set iron pin and the TRUE POINT OF BEGINNING of the parcel herein intended to be described;
Thence, continuing along the north line of West Fourth Avenue and part of the south lines of said 0.756 Acre tract and said Reserve "A", South 89 degrees 53 minutes 29 seconds West, 102.87 feet to a found iron pin at the southwest corner of said 0.756 Acre tract aslo being the southeast corner of a parcel conveyed to Linda L. Babnis in Official Record Volume 25765 B-05;
Thence, across part of said Reserve "A", along part of the west line of said 0.756 Acre tract and part of the east line of said Babnis parcel the following three (3) courses:
1) North 00 degrees 06 minutes 31 seconds West, 115.74 feet to a set iron pin;
2) North 89 degrees 56 minutes 32 seconds West, 3.71 feet to a set iron pin;
3) North 08 degrees 31 minutes 15 seconds West, 6.23 feet to a set iron pin;
Thence, across part of said Reserve "A" and across part of said 0.756 Acre tract the following four (4) courses:
1) South 89 degrees 55 minutes 08 seconds East, 22.62 feet to a set iron pin;
2) Parallel with the west line of said 0.756 Acre tract, South 00 degrees 06 minutes 31 seconds East, 58.00 feet to a set iron pin;
3) South 89 degrees 02 minutes 08 seconds East, 84.94 feet to a set iron pin;
4) South 00 degrees 02 minutes 43 seconds East, 63.56 feet to the TRUE POINT OF BEGINNING;
Containing 0.175 Acres (0.171 Acres from Auditor's Parcel No. 010-047815, 0.003 Acres from Auditor's Parcel No. 010.053350 and 0.001 Acres from Auditor's Parcel No. 010-055152) subject however to all legal easements, restrictions and rights-of-way of record and of records in the respective utility offices.
Iron pins set are 30" x 1" O.D. with orange plastic caps inscribed "P.S. 6579". Basis of bearing is assumed to be west on the centerline of Greenwood Avenue. This description is based on a survey by Myers Surveying Company, Inc. in September, 1997.
TRACT III
0.19 ACRES
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being part of reserve "A" of Robert Winterbotham's subdivision in said City of Columbus of part of lot number ten (10) of Joseph Starr's administrator's subdivision of the Starr Farm in Section 4, Range 22, Refugee Lands, as said reserve is designated and delineated upon the recorded plat of said Winterbotham's subdivision, of record in plat book 3, page 171, Recorder's Office, Franklin County, Ohio, which part is more particularly described as follows:
Beginning at the southeast corner of lot number ten (10) in said Robert Winterbotham's subdivision, being also the southwest corner of said reserve "A":
1. Thence northerly with the east line of said lot 10 and the west line of said reserve "A", one hundred fifty-six and six-tenths (156.6) feet to the south side of an alley;
2. Thence east with the south line of said alley, forty-eight and six-tenths (48.6) feet to a point two-tenths of a feet east of the point where said alley turns to the north.
3. Thence southerly to a point forty (40) feet south of said alley line and fifty-four and two-tenths (54.2) feet east of the east line of said lot 10;
4. Thence easterly parallel with the south line of said alley, projected a distance of four and three tenths (4.3) feet to a point;
5. Thence southerly parallel with the east line of said lot 10, one hundred sixteen and six tenths (116.6) feet to the south line of said reserve "A". Being also the north line of W. Fourth Avenue;
6. Thence westerly with said line, fifty-eight and five-tenths (58.5) feet to the point of beginning, being the same real estate conveyed by David J. Thomas to rush Robinson by deed dated July 3, 1916, recorded in deed book 572, page 590, 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 six-unit apartment building and a mixed use forty-six (46) unit multi-family with limited commercial development, or those uses permitted in the L-C-4, Limited Commercial , and AR-1, Apartment Residential Districts.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plans titled, "THE JACKSON ON HIGH BASEMENT AND FIRST FLOOR PLANS," drawn by Berardi Partners, dated January 12, 2007, and signed by Jackson B. Reynolds, III, Attorney for the Applicant. The Site Plans 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 Site Plans 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 on the applicant filing, within one year of the effective date of this ordinance, a rezoning application with Building Services Division to rezone the current L-C-4 District (Z90-103) to an appropriate district that accommodates the requested changes to the limitation text.
SECTION 5. That this ordinance is further conditioned upon the provided parking spaces to be used only by residents and employees.
SECTION 6. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.