Explanation
APPLICANT: Columbus Jack Homes LLC; c/o Daniel H. Schoedinger, Atty.; 52 East Gay Street; Columbus, Ohio 43215.
PROPOSED USE: Multi-family development in the M, Manufacturing District.
BREWERY DISTRICT COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant proposes to redevelop the property with a 37-unit multiple-family development. The area is redeveloping and is taking more of a residential character. Several Council Variances for similar residential projects in the area have been approved in the past several years. The suburban oriented zoning code makes redevelopment impractical and would be result in inappropriate development for the Area. The proposal includes use variances and dimensional variance requests covering parking, setbacks, driveway width, maneuvering over property lines and height
Title
To grant a Variance from the provisions of Sections 3363.01, M, Manufacturing districts; 3309.14, Height District; 3342.08, Driveway; 3342.15, Maneuvering; 3342.19, Parking space; 3342.25, Vision clearance and 3342.28, Minimum number of parking spaces required; 3372.609(A)(B) Setback requirements, of the Columbus City Codes for property located at 1000 SOUTH FRONT STREET (43206), to permit residential and park uses in the M, Manufacturing District. (Council Variance Application: CV03-003)
Body
WHEREAS, by application # CV03-003, the owner of property at 1000 SOUTH FRONT STREET (43206), is requesting a Council variance to permit residential uses, public and/or private parkland/open space in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M-Manufacturing district, prohibits residential and park uses, while the applicant proposes to permit public and/or private open space and various forms of multiple-family uses; and
WHEREAS, Section 3309.14, Height District, specifies in a 35-foot height district no building or structure shall be erected to a height in excess of thirty-five (35) feet, while the applicant proposes to develop forty-eight (48) foot high buildings; and
WHEREAS, Section 3342.08, Driveway, requires a minimum width of twenty (20) feet for commercial uses, while the applicant proposes a driveway that is a minimum of seventeen (17) feet in width; and
WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area which may include an aisle, circulation area or improved alley, while the applicant proposes to permit property lines to intersect aisles and driveways and to permit required parking to be located on parcels other than the parcel for which the space serves; and
WHEREAS, Section 3342.19, Parking space, requires every parking space to have a minimum area of 9 feet by 18 feet with accessibility from an alley or maneuvering area, while the applicant proposes to permit property lines to intersect aisles and driveways and to permit required parking to be located on parcels other than the parcel for which the space serves; and
WHEREAS, Section 3342.25, Vision clearance, requires the size of required clear vision triangles to be 10 feet on each of the perpendicular sides, while the applicant proposes to reduce this to 2 feet on each of the two perpendicular sides along South Front Street; and
WHEREAS, Section 3342.28, Minimum Number of Parking Spaces Required, requires off-street parking at the required ratios for each use, while applicant proposes a 25% reduction in required off-street parking for all uses; and
WHEREAS, Section 3372.609(A), Setback requirements, requires a minimum building setback of zero (0) feet and a maximum building setback of ten (10) feet, while applicant proposes a maximum setback along West Deshler Avenue of fourteen (14) feet six (6) inches; and
WHEREAS, Section 3372.609(B), Setback requirements, requires a minimum parking lot setback of five (5) feet and that parking be located at the rear of the principal building, while applicant proposes to provide parking within principal structures and a parking setback of zero (0) feet for all parking located within garages; and
WHEREAS, the Brewery District Commission recommends approval; and
WHEREAS, the City recommends approval and notes a hardship exists because the existing M. Manufacturing Zoning is inappropriate as the area redevelops and that the suburban-oriented zoning code does not sufficiently provide for urban residential development as proposed; 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 1000 SOUTH FRONT STREET (43206), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That a variance from the provisions of Sections 3363.01, M?Manufacturing district; 3309.14, Height district; 3342.08, Driveway; 3342.15, Maneuvering; 3342.19, Parking space; 3342.25, Vision clearance and; 3342.28, Minimum number of parking spaces required, and 3372.609(A) and (B), Setback requirements, of the Columbus City Codes for property located at 1000 SOUTH FRONT STREET (43206), insofar as said sections prohibit a maximum of thirty-seven (37) dwelling-units and park uses in the M, Manufacturing District; forty-eight (48) foot high buildings, drive aisles reduced from a minimum width of twenty (20) feet to seventeen (17) feet, parking and maneuvering for parking crossing property lines instead of being on the same parcel as the use or parking spaces served, with parking setbacks reduced from 5 feet to 0 feet for parking in garages, parking provided within the principal structure rather than behind the principal structure, a clear vision triangle reduced from 10 feet on each perpendicular side to 2 feet on each perpendicular side along South Front Street, a 25% reduction in the amount of required parking, and increased building setbacks from a maximum of ten feet to fourteen (14) feet six (6) inches, said property being more particularly described as follows:
1.054 ACRES
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Half- Section 29, Township 5, Range 22, Refugee Lands and being all of Parcel II as conveyed to Columbus Jack Homes, LLC by deed of record in Instrument No. 200210310277059 and part of Front Street and Stewart Avenue as vacated with Ordinance Nos. 1849-75 and 518-59, respectively, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
BEGINNING at the point of intersection of the easterly right-of-way line of Front Street and northerly right-of-way line of Deshler Avenue. Said point also being the southwesterly corner of said Parcel II.
Thence North 24° 16' 10" West, a distance of 359.70 feet, along said easterly right-of- way line of Front Street, to a point;
Thence North 82° 08'58" East, a distance of 183.32 feet, across said vacated Front Street and Stewart Avenue, to a point in the westerly right-of-way line of Wall Street;
Thence South 08° 03' 08" East, a distance of 344.51 feet, along said westerly right-of- way line of Wall Street and easterly lines of said vacated Stewart Avenue and Parcel II, to a point at the intersection of said westerly right-of-way line of Wall Street and aforesaid Deshler Avenue;
Thence South 81° 47' 25" West, a distance of 82.87 feet, along said northerly right-of- way line of Deshler Avenue, to the POINT OF BEGINNING. Containing 1.054 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 37 dwelling-unit development or those uses permitted in the M, -manufacturing district.
Section 3. That this ordinance is conditioned on that an easement be provided for the use of any off-site drive aisle, driveway or other maneuvering area, evidence of which must be provided prior to zoning clearance being issued.
Section 4. That this ordinance is conditioned on at least two feet and 3 inches of driveway width be provided by easement for the driveway identified as "Variance 6" prior to zoning clearance being issued.
Section 5. That this ordinance is conditioned on the driveway connected to Front Street and having a reduced clear vision triangle be only for eastbound vehicular traffic.
Section 6. That this ordinance is conditioned on the Subject Site must be developed in general conformance with the "Site Plan", drawn by Jonathan Barnes dated January 22, 2003 and signed by Dan Schoedinger, Attorney for the Applicant. These Plans, while illustrative of the general location of buildings and parking, is schematic and may be adjusted to reflect engineering, topographical, or other site data developed at the time of development and engineering plans are completed. The Director of the Department of Development shall review and may approve adjustments upon submission of the appropriate data regarding the proposed adjustment. The Director may approve adjustments regarding the number and, placement of dwelling units per of building, the submitted elevations and parking layout. In no event may the number of dwelling units, location, design and number of vehicular access points, building and parking setbacks, and items regulated by the Zoning Code of the City of Columbus be altered without the appropriate legislative action being taken.
Section 7. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 8. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.