Explanation
Council Variance Application: CV06-057
APPLICANT: Donald W. Kelley Associates; c/o David L. Hodge, Atty., Smith and Hale; 37 West Broad Street, Suite 725; Columbus, OH 43215.
PROPOSED USE: Two eighteen (18) unit apartment houses on one lot.
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will permit a thirty-six (36) unit multi-family development on 1.03 acres zoned for apartment residential use. A Council Variance is necessary because the AR-1, Apartment Residential District allows one (1) apartment house per lot or three (3) or more apartment houses as an apartment complex, while the applicant proposes developing two (2) eighteen (18) unit apartment houses on the same lot. The units will be designed for use by Mount Carmel College of Nursing students. Variances for building lines and minimum number of parking spaces are also requested. The site lies within the boundaries of The Franklinton Plan (2004). The application is consistent with the policy regarding future growth of Mount Carmel West Medical Center and related facilities, which supports the planned growth of the medical center provided that it is within the agreed-upon boundaries.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, Apartment residential district use; 3333.18, Building lines; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes, for the property located at 829 WEST TOWN STREET (43222), to permit two (2) eighteen (18) unit apartment houses on the same lot with reduced development standards in the AR-1, Apartment Residential District and to declare an emergency.
Body
WHEREAS, by application #CV06-057, the owner of property at 829 WEST TOWN STREET (43222), is requesting a Council Variance to permit two (2) eighteen (18) unit apartment houses on the same lot with reduced development standards in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1, Apartment residential district use, permits one (1) apartment house, or three (3) or more apartment houses as an apartment complex, while the applicant proposes to construct two (2) apartment houses on the same lot; 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 3333.18, Building lines, requires a building line to be that distance equal to one-half of the designated right-of-way width of the frontage street, or thirty (30) feet, while the applicant proposes a minimum building line of nineteen (19) feet along West Town Street; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, or seventy-two (72) parking spaces total, while the applicant proposes to provide four (4)three (3) on-site parking spaces, and otherwise provide parking for the residents in the parking garage located to the east of this development; and
WHEREAS, the Franklinton Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and recognize a deficiency in the Zoning Code because the AR-1, Apartment Residential District allows the apartment house use, but only in the configurations of one per lot or three or more per lot (an apartment complex). This variance will permit a thirty-six (36) unit multi-family development comprised of two (2) eighteen (18) unit apartment houses on the same lot. The units will be designed for use by Mount Carmel College of Nursing students. Variances for building lines and minimum number of parking spaces are also requested. The site lies within the boundaries of The Franklinton Plan (2004). The application is consistent with the policy regarding future growth of Mount Carmel West Medical Center and related facilities, supports the planned growth of the medical center provided that it is within the agreed-upon boundaries; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, said variances 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 829 WEST TOWN STREET (43222), 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 3332.02, AR-12, ARLD and AR-1, Apartment residential district use; 3333.18, Building lines; and 3342.28, Minimum number of parking spaces required of the Columbus City Codes are hereby granted for the property located at 829 WEST TOWN STREET (43222), insofar as said sections prohibit two (2) eighteen (18) unit apartment houses on the same lot, with a reduced building line from a required thirty (30) feet to nineteen (19) feet along West Town Street, and a reduction in the required number of parking spaces from seventy-two (72) to four (4)three (3); said property being more particularly described as follows:
829 WEST TOWN STREET (43222), being 1.03± acres located at the southeast corner of West Town Street and Souder Avenue, and being more particularly described as follows:
Parcel Number 010-04811
Situated in the County of Franklin, in the State of Ohio, and in the City of Columbus and bounded and described as follows:
Being approximately 102.2 feet of the northern side of Lot Numbers 34, 35 and 36, all of Lot Numbers 37, 38, 39, 40 and 41 of B. F. Martins Western Addition Subdivision, Plat Book 2, Page 215, Recorded in the Office of the Franklin County Recorder.
Excepting there from the southwest portion of Lot 41, being approximately 22.6 feet in width and 75 feet in length and being known as Franklin County Parcel Number 010-031252.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two eighteen (18) unit apartment houses on the same lot, or those uses permitted in the AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the registered site plan titled, "MOUNT CARMEL NURSES HOUSING," drawn by EMH&T, and elevations titled, "MOUNT CARMEL NURSING SCHOOL APARTMENTS,"drawn by Craig W, Murdick Architect Ltd., both signed by David L. Hodge, Attorney for the Applicant, and dated November 17, 2006. The plans 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 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.