Explanation
Council Variance Application: CV03-049
APPLICANT: John C. Rosenberger; 804 City Park Avenue; Columbus, Ohio 43206.
PROPOSED USE: Twelve unit multi-family development in the C-4, Commercial District.
BREWERY DISTRICT COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The proposed multi-family development is located within a section of South High Street developed with a mixture of commercial and residential uses. Many of the structures are older dwellings converted into offices, apartment buildings, and other uses. The Applicant will consolidate two older structures into the proposal, as requested by the Brewery District Commission. The proposed use is consistant with the mixed use development pattern of the area.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses, 3342.08, Driveway, and 3372.609, Setback requirements, for the property located at 866-874 SOUTH HIGH STREET (43206), to permit an 12-unit multi-family dwelling in the C-4, Commercial District (Council Variance # CV03-049).
Body
WHEREAS, by application No. CV03-049, the owner of property at 866-874 SOUTH HIGH STREET (43206), is requesting a Council variance to permit a 12-unit multi-family residential dwelling in the C-4, Commercial District; and
WHEREAS, Sections 3356.03, C-4 permitted uses, prohibits residential use of the first floor, while the applicant proposes a multi-family development with residential use of all floors; and
WHEREAS, Section 3342.08, Driveway, requires a driveway that serves a parking lot designed so that vehicles entering or leaving parking lot will be traveling in a forward motion, while the applicant proposes two five-space parking areas in which cars will need to back into pearl alley; and
WHEREAS, Section 3372.609, Setback requirements, requires a minimum building setback of zero (0) feet and a maximum building setback of ten (10) feet, while the applicant requests a maximum building setback of forty (40) feet from High Street as illustrated on the attached site plan; and
WHEREAS, the Brewery District Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the existing zoning district does not permit residential uses on the first floor, while the proposed development incorporates existing residential structures into a development that is consistent with the mixture of residential and commercial uses along this portion of South High Street. A rezoning to a residential district is inconsistent with the commercial zoning districts established along this corridor;
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 866-874 HIGH STREET (43206), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variance from the provisions of Sections 3356.03, C-4 permitted uses, 3342.08, Driveway, and 3372.609, Setback requirements is hereby granted for the property located at 866-874 SOUTH HIGH STREET (43206), insofar that said sections prohibit a 12-unit residential development with parking spaces that back onto an alley, and a forty (40) foot building setback in the C-4, Commercial District; said property being more particularly described as follows:
866-874 SOUTH HIGH STREET (43206), being 0.54± acres located on the east side of South High Street, 62± feet north of Whittier Street, being more particularly described as follows:
LEGAL DESCRIPTION
866, 870, 874 SOUTH HIGH STREET
Situated in the City of Columbus, County of Franklin and State of Ohio:
Parcel One.
Being Lot Number 81 of C.F. Jaeger's Thirteenth Addition to the City of Columbus, Ohio as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 370, Recorder's Office, Franklin County, Ohio, the same having 62.50 feet of frontage on South High Street and running 187.5 feet east to front on Pearl Street.
Parcel Two.
Being Lot Number 82 of C.F. Jaeger's Thirteenth Addition to the City of Columbus, Ohio as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 370, Recorder's Office, Franklin County, Ohio, the same having 62.50 feet of frontage on South High Street and running 187.5 feet east to front on Pearl Street.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 12-unit multi-family development, or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "TREETOPS CONDOMINIUMS", signed by Joseph W. Sullivan, architect for the applicant, on April 21, 2004. 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.