Explanation
Council Variance Application: CV06-016
APPLICANT: Steve Keech; c/o David Gillespie; 65 East State Street, Suite 2100; Columbus, Ohio 43215.
PROPOSED USE: To permit reduced development standards for a five-unit dwelling in the L-AR-1, Limited Apartment Residential District
CITY DEPARTMENTS' RECOMMENDATION: Approval. This application is a companion Council variance to rezoning application Z06-024, which is a request to rezone from C-4, Commercial District to L-AR-1, Limited Apartment Residential District to allow a five (5) unit apartment house on the subject property. This variance will permit the building lines to be reduced from 25 feet to ten (10) feet along the City Park Avenue property line and 6'-10 3/4" along the Moler Street property line, and the maximum side yard to be reduced from 20% to 12.6% of the width of the lot. Staff supports this request as reduced side yards and building lines presently occur, and is consistent with the predominant development patterns of the area.
Title
To grant a Variance from the provisions of Sections 3333.18, Building lines, and 3332.22, Maximum side yard required, for the property located at 28 EAST MOLER STREET (43206), to permit reduced development standards for a five-unit dwelling in the L-AR-1, Limited Apartment Residential District and to declare an emergency.(Council Variance #CV06-016)
Body
WHEREAS, by application No. CV06-016, the owner of property at 28 MOLER STREET (43206), is requesting a Council variance to permit reduced development standards for multi-family residential development in the L-AR-1, Apartment Residential District; and
WHEREAS, Section 3333.18, Building lines, requires a minimum distance from the street property line of 25 feet, while the applicant proposes a ten (10) foot building line along the City Park Avenue property line and a 6'-10 3/4" building line along the Moler Street property line; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3332.22, Maximum side yard required, requires that the sum of the widths of each side yard shall equal or exceed twenty (20) percent of the width of the lot, provided that no more than 16 feet shall be so devoted, while the applicant proposes the total sum of the side yard widths equal to 12.6%, a total of 14.4 feet, 1.6 feet less than the required amount; and
WHEREAS, City Departments recommend approval because reduced side yards and building lines presently occur, will not introduce a new standard into, and are compatible with the area. This variance will permit the building lines to be reduced from 25 feet to ten (10) foot along the City Park Avenue property line and 6'-10 3/4" along the Moler Street property line and the maximum side yard to be reduced from 20% to 12.6% of the width of the lot; 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 28 MOLER STREET (43206), 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 3333.18, Building lines and 3332.22, Maximum side yard required, for the property located at 28 MOLER STREET (43206), insofar as said sections prohibit a building with ten (10) foot and 6' 10 ¾" foot building lines along City Park Avenue and East Moler Street, respectively, on a corner lot and a 12.6% maximum side yard, said property being more particularly described as follows:
Situated in the City of Columbus, in the County of Franklin and State of Ohio, and being more particularly described as follows:
Being Lot Numbers One (1) and Two (2) of Catherine Loechler's subdivision of Lot Number (6) of Nathaniel Merion's Amended Subdivision of a part of Half Section No. 29, Township No. 2, Range No. 22, Refugee lands, as the same are numbered and delineated on the recorded plat thereof, of record in Plat Book No. 2, page 355, Recorder's Office, Franklin County, Ohio.
EXCEPTING however from the above described premises Nine (9) feet off of the south end thereof, heretofore condemned by the City of Columbus, Ohio, for the purpose of widening Moler Street and excepting also twenty-six (26) feet, measured on the East line of said Lot Numbered Two (2) off of the north ends of said Lot Numbers One (1) and Two (2) above described and known as Number 28 East Moler Street, Columbus, Ohio.
TOGETHER with the seven (7) foot strip of an alley vacated by Columbus City Ordinance 37.249 passed June 28, 1926, and extending along the entire east side of the above described premises.
Altogether containing approximately .28 acres.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a five-unit dwelling in the L-AR-1, Limited Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the development being consistent with the site plan and elevations titled, "CITY PARK CONDOS," signed and dated by the applicant Steve Keech, July 7, 2006. Any slight adjustments to the drawings 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 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.