Explanation
Council Variance Application: CV03-036
APPLICANT: Connie J. Klema, Atty.; P.O. Box 991; Pataskala, Ohio 43062.
PROPOSED USE: Seven-unit apartment building.
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VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested variance would permit a seven-unit apartment building with reduced development standards in the R-4, Residential District. The R-4, Residential District permits a maximum of four dwelling units in one building. The applicant requests variances for height, front and side yard setbacks, and lot coverage. All required off-street parking spaces will be provided. This proposal is consistent with the established development patterns of the area. A hardship exists in that a variance is necessary to permit development that reflects the historic character and surrounding land uses within the neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential district; 3309.14, Height districts; 3332.18, Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yard required; and 3332.26, Minimum side yard permitted of the City codes; for the property located at 242 BUTTLES AVENUE (43201), to permit a seven-unit apartment building with reduced development standards in the R-4, Residential District. (Council Variance # CV03-036)
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WHEREAS, by application #CV03-036, the owner of properties at 242 BUTTLES AVENUE (43201), is requesting a Variance to permit a seven-unit apartment building with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential district, permits a maximum of four dwelling units in one building, while the applicant proposes a seven-unit apartment building with reduced development standards; and
WHEREAS, Section 3309.14, Height districts, requires the maximum height of a building or structure in the thirty-five (35) foot height district not to exceed thiry-five (35) feet, while the applicant proposes a forty (40) foot height for the new building; and
WHEREAS, Section 3332.18, Basis of computing area, requires that no dwelling shall occupy alone or together with any other building greater than fifty (50) percent of the lot area, while the applicant proposes a 59.8% lot coverage for the new building; and
WHEREAS, Section 3332.21, Building lines, requires the setback to be that distance as determined where the line which connects the front of the nearest building on either side of the subject parcel, bisects the subject parcel, but in no case less than ten (10) feet, while the applicant proposes a building line of four (4) inches for the new building; and
WHEREAS, Section 3332.25, Maximum side yard permitted, requires the sum of the widths of each side yard to equal or exceed 20% of the 40.94-foot wide lot, or 8.2 feet, while the applicant proposes a maximum side yard of six (6) feet for the new building; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes a four (4) inch side yard along the west property line for the new building; and
WHEREAS, this variance will permit a seven-unit apartment building with reduced development standards in the R-4, Residential District; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the requested variance would allow a development that is consistent with the established development pattern of the area, and reflects the historic character and surrounding land uses within the neighborhood; 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 242 BUTTLES AVENUE (43201), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.039, R-4, residential district; 3309.14, Height districts; 3332.18, Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yard required; and 3332.26, Minimum side yard permitted of the City codes; for the property located at 242 BUTTLES AVENUE (43201), insofar as said sections prohibit a seven-unit apartment building that is forty (40) feet in height, with a greater than 59.8% lot coverage and a 4-inch building setback, reduced maximum side yard from 8.2 feet to 6 feet, and a reduced minimum side yard from 5 feet to 4 inches along the west property line; said property being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus and bounded and described as follows:
Being Lots Numbers Sixty-Eight (68) and Sixty-Nine (69) of JANE M. NEIL'S NEIL PLACE ADDITION, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 362, 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 as a seven-unit dwelling, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site and elevation plans titled "A NEW BUILDING FOR URBAN RESTORATIONS, LLC AT BUTTLES/HIGHLAND", drawn by Behal Sampson Dietz Building Design, dated February 26, 2004, 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.