Explanation
Council Variance Application: CV06-010
APPLICANT: Muncie Delia Development LLC; c/o Scot Dewhirst, Atty.; 560 East Town Street; Columbus, OH 43215.
PROPOSED USE: A three-family dwelling and a four-family dwelling.
BREWERY DISTRICT COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requested and was granted Council variance CV05-044 to allow one single-family dwelling to be moved to the site in the M, Manufacturing District from German Village. The applicant now wishes to convert the building that was moved into a four-unit building and construct a new three-unit building as well which will have reduced aisle and driveway widths, reduced parking, maneuvering across property lines, stacked parking and a setback exceeding that allowed in the Urban Commercial Overlay. The proposal is consistent with the Brewery District Plan (1993) which recommends a mixed use commercial /residential character for the area. No recommendation is being made regarding the hardship aspect of this request.
Title
To grant a variance from the provisions of Sections, 3363.01, M, Manufacturing District, 3342.06, Aisle, 3342.08, Driveway, 3342.15, Maneuvering, 3342.19, Parking space, 3342.28, Minimum number of parking spaces required and 3372.609, Setback requirements, of the Columbus City Codes for the property located at 1070 SOUTH FRONT STREET (43206), to permit the conversion of a single-family dwelling into a four-family dwelling and the construction of a three-family dwelling in the M, Manufacturing District with reduced development standards and to declare an emergency. (CV06-010)
Body
WHEREAS, by application #CV06-010 the owner of property located at 1070 SOUTH FRONT STREET (43206), is requesting a Council Variance to convert an existing single-family dwelling in the M, Manufacturing District into a four-family dwelling and to construct a new three-family dwelling in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M, Manufacturing district, prohibits three- and four-family dwellings, while the applicant proposes to convert a single-family dwelling into a four-unit dwelling and construct a new three-unit dwelling in the M, Manufacturing District; 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 3342.06, Aisle, requires a minimum aisle width of twenty (20) feet while the applicant only proposes an aisle ten (10) feet wide on some portions of the site; and
WHEREAS, Section 3342.08, Driveway, requires a minimum driveway width of twenty (20) feet for commercial uses, while the applicant proposes a ten (10) foot wide driveway connecting to Red Bud Alley; and
WHEREAS, Section 3342.15, Maneuvering, requires each property to have sufficient room for on-site maneuvering, while applicant proposes maneuvering across property lines and to allow access across the east property line for access to the driveway exit lane; and
WHEREAS, Section 3342.19, Parking space, allows stacked parking for only single-family and two-family dwellings, while the applicant proposes two stacked parking spaces as shown on the site plan; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two parking spaces per dwelling unit, or fourteen (14), while the applicant proposes eleven (11) parking spaces; and
WHEREAS, Section 3372.609, Setback requirements, requires a maximum building setback of ten (10) feet, while the applicant proposes to maintain the existing setback of approximately 15 feet for the dwelling at 1070 South Front Street; and
WHEREAS, this proposal is consistent with the Brewery District Plan (1993) which recommends continuing the mixed use commercial /residential character of the area; and
WHEREAS, the Brewery District Commission recommends approval; 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 areas, 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 property owner located at 1070 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, 3342.06, Aisle, 3342.08, Driveway, 3342.15, Maneuvering, 3342.19, Parking space, 3342.28, Minimum number of parking spaces required and 3372.609, Setback requirements of the Columbus City Codes are hereby granted for the property located at 1070 SOUTH FRONT STREET (43206), to permit the conversion of a single-family dwelling into a four-family dwelling and the construction of a three-family dwelling in the M, Manufacturing District with reduced aisle and driveway widths, reduced parking, maneuvering across property lines, with stacked parking and a setback exceeding that allowed in the Urban Commercial Overlay, said property being more particularly described as follows:
LEGAL DESCRIPTION
That certain 0.345 ± acre tract situated in the City of Columbus, Franklin County, Ohio and being more particularly described as follows:
The following described 0.345 acre tract is situated in the State of Ohio, County of Franklin, City of Columbus, Section 29, Township 5, Range 22, Refugee Lands, being part of Lot 3 of John and Philip Knopf's Subdivision as recorded inplat book 2, page 34, being part of Grange Mutual Casualty Company, an Ohio not - for - profit Corporation's 0.5 86 acre tract described in Instrument Number 199801070004598, and said 0.345 acre tract being more particularly described as follows:
Beginning at a 5/8" iron pin found with cap marked "CLAPSADDLE RS #6 140" at the northwest corner of said Lot 3, in the east line of Front Street (50 feet wide), and in the south line of Red Bud Alley (30 feet wide), said iron pin also marking the northwest corner of said 0.586 acre tract and the place of beginning;
Thence South 84°52'40" East (assumed bearing) 124.91 feet, following the north line of said Lot 3, the south line of Red Bud Alley, and the north line of said 0.586 acre tract, to a 5/8" iron pin found with cap marked "CLAPSADDLE RS #6 140" at the northwest corner of Brian L. House's 0.242 acre tract dcscribed in Instrument Number 199912140306565;
Thence South 05°13'09" West 120.26 feet, departing from the south line of Red Bud Alley, crossing said Lot 3, following an east line of said 0.586 acre tract and the west line of said 0.242 acre tract, passing at 60.26 feet a 5/8" iron pin found with cap marked "CLAPSADDLE RS #6 140" at the southwest corner of said 0.242 acre tract, thereafter crossing said 0.5 86 acre
tract, to a ¼" iron pipe found at the northeast corner of a 10 feet wide alley vacated by City of Columbus Ordinance No. 1057-00;
Thence North 84°51'35" West 124.70 feet, following the south line of said Lot 3, the south line of said 0.586 acre tract, and the north line of said vacated alley, to a point in the east line of Front Street, said point bearing South 89°] 5'34" East 0,85 feet from a 3/4" iron pipe found with cap marked "EMHT";
Thence North 05°07'09" East 120.22 feet, following the west line of' said Lot 3, the east line of Front Street, and the west line of said 0.586 acre tract, to the place of beginning, containing 0.345 acre, more or less, and being subject to all valid easements and restrictions of record.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said properties are used for multi-family residences or those uses permitted in the M, Manufacturing District.
Section 3. That this ordinance is conditioned on the sites being developed in general accordance with the site plan titled "1070 S. FRONT ST. PHASE TWO SITE PLAN," signed by William Hugus and dated April 18, 2006.
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.