Explanation
Council Variance Application: CV13-033
APPLICANT: Wayne A. Garland, Jr.; c/o Dave Perry, Agent; David Perry Co. Inc.; 145 East Rich St., 3rd Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 145 East Rich St., 3rd Floor; Columbus, OH 43215.
PROPOSED USE: Fourteen unit apartment and office building.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ord. No. 1561-2014; Z13-048) to the AR-O, Apartment Office District. The applicant proposes a fourteen unit apartment and office building. In order to develop the site consistent with the established development pattern, variances for building lines, rear yard, landscaping and screening, and maneuvering are requested to accomodate infill development of this unusually shaped parcel. Staff finds that request is compatible with the zoning and development patterns in the area.
Title
To grant a Variance from the provisions of Sections 3333.18, Building lines; 3333.24, Rear yard; 3312.21, Landscaping and Screening; and 3312.25, Maneuvering, of the Columbus City Codes; for the property located at 1131 DUBLIN ROAD (43215), to permit reduced development standards in the ARO, Apartment Office District for a fourteen unit apartment and office building (Council Variance # CV13-033).
Body
WHEREAS, by application No. CV13-033, the owner of property at 1131 DUBLIN ROAD (43215), is requesting a Council Variance to permit reduced development standards in the AR-O, Apartment Office District for a fourteen unit apartment and office building; and
WHEREAS, Section 3333.18, Building lines, requires a building setback of no less than twenty-five (25) feet, while the applicant proposes to reduce the Ridge Street setback to ten (10) feet by allowing a dumpster and bulk item pad in the twenty-five (25) foot building setback; 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 rear yard totaling five (5) percent of the total lot area and to allow a dumpster box and bulk refuse pad in the rear yard adjacent to the terminus of Ridge Street; and
WHEREAS, Section 3312.21(A), Landscaping and Screening, requires tree planting on the interior of the parking lot, while the applicant will provide all required trees but adjacent to the parking and circulation areas rather than with interior islands; and
WHEREAS, Section 3312.25, Maneuvering, requires parking and loading spaces to have sufficient access and maneuvering area, while the applicant proposes the dumpster and bulk refuse pad to be accessed only from the terminus of Ridge Street with maneuvering in Ridge Street; and
WHEREAS, City Departments recommend approval because the requested variance will allow development that is consistent with the established 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 1131 DUBLIN ROAD (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 3333.18, Building lines; 3333.24, Rear yard; 3312.21, Landscaping and screening; and 3312.25, Maneuvering, of the Columbus City Codes, is hereby granted for the property located at 1131 DUBLIN ROAD (43215), insofar as said sections prohibit a dumpster and bulk pad item in the required twenty-five (25) foot setback, a rear yard totaling five (5) percent of the total lot area, all provided trees adjacent to parking and circulation areas and dumpster and bulk refuse pad accessibility only from the terminus of Ridge Street for a fourteen unit apartment and office building in the AR-O, Apartment Office District; said property being more particularly described as follows:
1131 DUBLIN ROAD (43215), being 0.77± acres located on the south side of Dublin Road, 145± feet west of Fairview Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Section 12, Township 1, Range 23, Congress Lands and containing 0.772 acre of land more or less, being all out of that 2.168 acre tract of land as conveyed to Grandview Building of record in Official Record 04999, Page H16, 0.470 acre of said 0.772 acre tract being out of Parcel # 010-129577 comprised partly of Lot "K" of Croughton, Denmead and W.A. Pope, Second Suburban Subdivision of record in Plat Book 4, Page 441, and part of vacated Fairview Avenue of record in Vacation Record 19, Page 5, 0.070 acre of said 0.772 acre tract being out of Parcel # 010-129525 comprised partly of that 0.23 acre tract referred to as "Parcel 2" of record in Deed Book 1261, Page 561, 0.017 acre of said 0.772 acre tract being out of Parcel # 010-129589 comprised partly of said vacated Fairview Avenue, and 0.215 acre of said 0.772 acre tract being out of Parcel # 010-129590 comprised partly of Lot 14 of said Croughton, Denmead and W.A. Pope, Second Suburban Subdivision and part of said vacated Fairview Avenue (all references used in this description refer to the records of the Recorder's Office, Franklin County, Ohio), said 0.772 acre being more particularly described as follows:
Beginning for reference at a ¾-inch I.D. iron pipe found at the northwest corner of said 2.168 acre Grandview Building tract, also being in the southerly right-of-way line of Dublin Road (State Route 33);
Thence South 70˚22" East, with said southerly right-of-way line, also being the northerly line of said 2.168 acre Grandview Building tract, a distance of 141.37 feet to an iron pipe set, an angle point;
Thence South 35˚36" East, continuing with said southerly right-of-way line, also being the northerly line of said 2.168 acre Grandview Building tract, a distance of 24.55 feet to a P.K. nail set, being the true point of beginning of the herein described tract;
Thence from said true point of beginning, South 70˚40" East, with said southerly right-of-way line, also being the northerly line of said 2.168 acre Grandview Building tract, a distance of 50.23 feet to a P.K. nail set;
Thence with a new division line across and through said 2.168 acre tract the following (5) five bearings and distances:
South 24˚44" West, a distance of 45.00 feet to a P.K. nail set;
North 65˚16" West, a distance of 7.00 feet to a P.K. nail set;
South 57˚43" West, a distance of 23.85 feet to a P.K. nail set;
South 24˚44" West, a distance of 140.00 feet to an iron pipe set;
South 65˚46" East, a distance of 167.68 feet to an iron pipe set in the east line of said 2.168 acre Grandview Building tract, also being a west right-of-way line of a 30 foot public alley;
Thence South 24˚44" West, with the west line of said 30 foot public alley, a distance of 115.01 feet to an iron pipe set, the southeast corner of said 2.168 acre Grandview Building tract, also being the northeast corner of a 1.692 acre tract of land as conveyed to Seal of Ohio Girl Scout Council, Inc. of record in Official Record 12262, Page C06;
Thence North 65˚07" West, with a southerly line of said 2.168 acre Grandview Building tract, also being a northerly line of said 1.692 acre Ohio Girl Scout Council tract, a distance of 61.68 feet to a ¾-inch I.D. iron pipe found;
Thence North 5˚04" East, continuing with a southerly line of said 2.168 acre Grandview Building tract, also being the northerly line of said 1.692 acre Ohio Girl Scout Council tract, a distance of 26.37 feet to a ¾-inch I.D. iron pipe found;
Thence North 65˚46" West, continuing with the southerly line of said 2.168 acre Grandview Building tract, also being the northerly line of said 1.692 acre Ohio Girl Scout Council tract, a distance of 191.03 feet to a ¾-inch I.D. iron pipe found, the northwesterly corner of said 1.692 acre Ohio Girl Scout Council tract, the northeasterly corner of a 5.289 acre tract of land as conveyed to Scioto Darby Investments Inc., of record in Instrument No. 200003200053887, the southeasterly corner of a 2.055 acre tract of land as conveyed to Bristol Land Company, Ltd. of record in Official Record 29860, Page B15;
Thence North 6˚46" East, with the westerly line of said 2.168 acre Grandview Building tract, also being the easterly line of said 2.055 acre tract, a distance of 95.00 feet to an iron pipe set;
Thence with a new division line across and through said 2.168 acre Grandview Building tract the following (2) two bearings and distances:
South 65˚46" East, a distance of 94.28 feet to an iron pipe set;
North 24˚44" East, a distance of 200.29 feet to the true point of beginning and containing 0.772 acre of land, more or less.
Subject to all restrictions, easements and rights-of-way of previous record, or otherwise legally established.
All iron pipes set are ¾-inch inside diameter by 30 inches in length with an orange cap marked "Geo Graphics."
A bearing of South 65˚46" East was used on the centerline of Dublin Road (State Route 33) as shown on Franklin County Plans FRA-33-12.31, page 64.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a fourteen unit apartment and office building.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the Plan titled, "SITE PLAN LAYOUT FOR 1131 DUBLIN ROAD," dated June 17, 2014, 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 plans 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.
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.