Explanation
Council Variance Application: CV09-019
APPLICANT: Kerr Street Place, Ltd.; c/o Connie J. Klema; P.O. Box 991; Pataskala, Ohio 43062.
PROPOSED USE: Three single-family dwellings.
ITALIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a Council variance to construct three single-family dwellings on separate lots with the ability to have ground-floor offices in two of the dwellings. Variances for building setback and minimum number of parking spaces are included in the request. The site was subject of a 2001 Council variance request (CV01-024; Ord. No. 1215-01) that allows a 4-story, 3-family dwelling to be constructed on the site. The revised request reduces building height and provides more green space. With the adjacent single and multi-family residential development to the west and north, the request is consistent with the surrounding development pattern.
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To grant a Variance from the provisions of Sections 3356.03, C-4, permitted uses; 3356.11, C-4 district setback lines; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes; for the property located at 77 EAST RUSSELL STREET (43215), to permit three single-family dwellings on separate lots with decreased setback lines and a reduction in the required number of parking spaces in the C-4, Commercial District (Council Variance # CV09-019). (REPEALED BY ORD. 0590-2018; PASSED 12/7/2009)
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WHEREAS, by application No. CV09-019, the owner of property at 77 EAST RUSSELL STREET (43215), is requesting a Council variance to allow the construction of three single-family dwellings on separate lots with decreased setback lines and a reduction in the required number of parking spaces in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 permitted uses, permits dwelling units only above certain commercial uses, while the applicant proposes to construct three single-family dwellings on separate lots on a vacant commercially-zoned property in a residential area; and
WHEREAS, Section 3356.11, C-4 district setback lines, requires buildings to have a setback line of ten (10) feet from the right-of-way, while the applicant proposes a setback line of seven (7) feet from both East Russell and Kerr Streets; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, one (1) parking space for every 300 square feet of general office space, one (1) parking space for every 250 square feet of medical office space, for a maximum requirement of five (5) parking spaces for Lot 1, four (4) parking spaces for Lot 2, and two (2) parking spaces for Lot 3, while the applicant proposes two (2) garage parking spaces for Lot 1, and one (1) garage parking space with a lift to accommodate a second car for Lots 2 and 3; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes this development has included five-foot wide sidewalks which has been shown to increase walkability; and
WHEREAS, The Italian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because the site is already approved to be developed with a four-story, three-family dwelling by Ord. No. 1215-01. The revised request reduces building height and provides more green space. With the adjacent single and multi-family residential development to the west and north, the request is consistent with the surrounding 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 77 EAST RUSSELL STREET (43215), 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 3356.03, C-4, permitted uses; 3356.11, C-4 district setback lines; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes; is hereby granted for the property located at 77 EAST RUSSELL STREET (43215), in that said section prohibits three single-family dwellings with a setback line of seven (7) feet and a reduction in the required number of parking spaces from a maximum required five (5) spaces to two (2) spaces for Lot 1, a maximum required four (4) spaces to one (1) space with one (1) lift space for Lot 2, and a maximum required two (2) spaces to one (1) space with one (1) lift space for Lot 2 in the C-4, Commercial District; said property being more particularly described as follows:
77 EAST RUSSELL STREET (43215), being 0.1± acres located at the southeast corner of East Russell and Kerr Streets, and being more particularly described as follows:
Parcel 1
010-052103
Situated in the State of Ohio, County of Franklin, City of Columbus and being 0.086 acre all out of Lots 82, 83, and 84 of "William Neil's 2nd Addition to the City of Columbus" of record in Plat Book 1, Page 291, as conveyed to Eugene Hawkins of record in Official Record 19778B12 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at a railroad spike set at the intersection of the westerly limited access right-of-way line of Interstate 670 and the southerly right-of-way of Russell Street, also being the northeasterly corner of said Lot 84, also being the northeasterly corner of said Lot 84, also being 177.25 feet left of Stations 168+59.76 in the Centerline Survey of FRA-670-3.17;
Thence South 8 degrees 35'14" East, with the said westerly limited access right-of-way line of Interstate 670, a distance of 25.00 feet to an iron pin set, being 153.39 feet left of Station 168+52.28 in said Centerline Survey;
Thence South 67 degrees 40'52" West, across said Lots 84 and 83, a distance of 102.96 feet to an iron pin set in the easterly right-of-way line of Kerr Street, being 162.12 feet left of Station 167+56.06 in said Centerline Survey;
Thence North 8 degrees 20'43" West, with the easterly right-of-way line of said Kerr Street, a distance of 49.90 feet to an iron pin found at the northwesterly corner of said Lot 84, also being the intersection of the southerly right-of-way line of said Russell Street, also being 209.18 feet left of Station 167+72.18 in said Centerline Survey;
Thence North 81 degrees 40'47" East with the right-of-way of said Russell Street, a distance of 99.81 feet to the true point of beginning, containing 0.086 acre of land, more or less.
Parcel 2
010-273466
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of a twenty (20) foot wide alley, running in a north south direction between Lots 84 and 85 of Wm. Neil's 2nd Addition as recorded in Plat Book 1, Page 281, all records being of the Recorder's Office, Franklin County, Ohio unless otherwise noted and being more particularly described as follows:
Beginning at a railroad spike found at the intersection of the westerly limited access right-of-way line of Interstate 670 and the southerly right-of-way of Russell Street, also being the northeasterly corner of said Lot 84, the northwesterly corner of said twenty (20) foot wide alley and being 177.25 feet left of Station 168+59.76 in the centerline survey of FRA-670-3.17:
Thence, with the southerly right-of-way of said Russell Street, the northerly right-of-way of said Interstate 670, N 81° 40' 47" E, 20.00 feet to an iron pin set at the northeasterly corner of said twenty (20) foot wide alley:
Thence, crossing through said limited access right-of-way of Interstate 670 and with the easterly line of said twenty (20) foot wide alley, S 08° 35' 14" E, 20.02 feet to an iron pin set;
Thence, leaving the easterly right-of-way of said twenty (20) foot wide alley and crossing through said limited access right-of-way Interstate 670 and said twenty (20) foot wide alley, S 67° 40' 52" W, 20.59 feet to an iron pin found on the easterly line of said Lot 84, the westerly right-of-way of said twenty (20) foot wide alley;
Thence, with the easterly line of said Lot 84, the westerly limited access right-of-way of said Interstate 670 and westerly right-of-way of said twenty (20) foot wide alley N 08° 35' 14" W, 25.00 feet to the True Place of Beginning, containing 0.0103 acres (450.19 sq. ft.) 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 three single-family dwellings, or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "TRIANGLE HOUSES AT RUSSELL AND KERR," drawn by Lincoln Street Studio Architects and Planners, dated November 11, 2009, and signed by Connie J. Klema, Applicant. The Site 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 Site Plan 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 upon 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.