Explanation
Council Variance Application: CV09-007
APPLICANT: Chris Freiheit; c/o Craig W. Murdick; Architect, Ltd.; 1441 Kingsgate Road; Columbus, Ohio 43221.
PROPOSED USE: Eight-unit apartment building.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a Council variance to conform an existing eight-unit apartment building in the R-2F, Residential District. In addition, the applicant plans to construct a front porch. Variances for existing conditions such as building lines, yard standards, aisle width, driveway, dumpster area, parking space size, and a three-space parking reduction are included in the request. Staff recommends approval because the existing development is consistent with the surrounding land use pattern and has posed no detrimental effects on the surrounding neighborhood during its existence.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District; 3332.18 (D), Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.06, Aisle; 3342.08, Driveway; 3342.09, Dumpster area; 3342.19, Parking space; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes for the property located at 374 EAST TOMPKINS STREET (43202), to conform an existing eight-unit apartment building with reduced development standards in the R-2F, Residential District (Council Variance #CV09-007).
Body
WHEREAS, by application #CV09-007, the owner of property at 374 EAST TOMPKINS STREET (43202), is requesting a Variance to permit an existing eight-unit apartment building with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3333.037, R-2F, Residential District, does not permit an eight-unit apartment building in the R-2F, Residential District; and
WHEREAS, Section 3332.18 (D), Basis of computing area, requires that no dwelling shall occupy greater than fifty percent (50%) of the lot area, while the applicant proposes to increase the existing nonconforming lot coverage of the building and parking areas with a covered porch as depicted on the site plan; and
WHEREAS, Section 3332.21, Building lines, requires a twenty-five foot (25') building line on East Tompkins Street, while the applicant proposes to maintain the existing building line of twenty-one feet two inches (21' 2"); and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the width of the side yards to be no less than twelve feet (12'), while the applicant proposes to maintain the current total side yard width of zero feet (0'); and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires side yards to be no less than five feet (5'), while the applicant proposes to maintain the current side yards of zero feet (0'); and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five percent (25%) of the total lot area, while the applicant proposes a rear yard of zero percent (0%); and
WHEREAS, Section 3342.06, Aisle, requires a minimum aisle width of thirteen feet (13') for parallel parking, while the applicant intends to provide an aisle of seven feet nine inches (7' 9") wide; and
WHEREAS, Section 3342.08, Driveway, requires a minimum driveway width of twenty (20) feet and shall be designed so that vehicles entering or exiting the parking lot will be traveling in a forward motion while the applicant intends to provide a driveway of ten feet nine inches (10' 9") wide for both forward and backward motion; and
WHEREAS, Section 3342.09, Dumpster area, requires that a dumpster be screened from view on all four sides, while the applicant proposes to screen the dumpster on the west side only; and
WHEREAS, Section 3342.19, Parking space, requires that a parking space shall be a rectangular area of not less than nine (9) feet by eighteen (18) feet, while the applicant proposes five parking spaces that are seven feet six inches (7' 6") in width and fourteen feet (14') in length as shown on the site plan; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, or sixteen (16) spaces, while the applicant proposes thirteen (13) parking spaces; and
WHEREAS, The University Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the existing development configuration is consistent with the surrounding land use pattern and has posed no detrimental effects on the surrounding neighborhood during its existence; and
WHEREAS, said ordinance requires separate submission for all applicable permits for the proposed porch construction; 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 roads, 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 374 EAST TOMPKINS STREET (43202), 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 3332.037, R-2F, Residential District; 3332.18 (D), Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.06, Aisle; 3342.08, Driveway; 3342.09, Dumpster area; 3342.19, Parking space; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes is hereby granted for the property located at 374 EAST TOMPKINS STREET (43202), insofar as said sections prohibit an eight-unit apartment building, with a building line of twenty-one feet two inches (21' 2"), a maximum side yard of zero (0) feet, minimum side yards of zero feet (0'), a rear yard of zero percent (0%), an aisle width of seven feet nine inches (7' 9"), a driveway width of ten feet nine inches (10' 9") for both forward and backward motion, a dumpster with screening on the west side only, five parking spaces that are seven feet six inches (7' 6") in width and fourteen feet (14') in length, and a parking space reduction from sixteen (16) required spaces to thirteen (13) spaces; said property being more particularly described as follows:
374 EAST TOMPKINS STREET (43202), being 0.2± acres located on the north side of East Tompkins Street, 170± feet west of Summit Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus: Being Lot Number Fourteen (14) and ten (10) feet off of the east side of Lot Number Fifteen (15) in Samuel Doyle's Summit Street Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 2, Page 282, Recorder's Office, Franklin County, Ohio.
Parcel Number 010-001105
Property Address: 373 East Tompkins Street, Columbus, Ohio 43202
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an eight-unit apartment building, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan titled, "SITE PLAN," drawn and signed by Craig W. Murdick, Architect for the Applicant, dated May 27, 2009. The Subject Site shall be developed in accordance with the site plans and exhibits. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development or engineering plan completion. Any slight adjustment to the plans shall be reviewed and may be approved 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 for the proposed porch construction.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.