Explanation
Council Variance Application: CV06-021
APPLICANT: HRE Builders, Inc; c/o Kevin McMahon; 1340 Clubview Boulevard North; Worthington, Ohio 43235.
PROPOSED USE: Two single-family dwellings.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site is developed with a single-family dwelling on a lot zoned in the ARLD, Apartment Residential District. The applicant proposes a lot split and desires to construct a single-family dwelling on the newly created lot. The ARLD district permits single-family dwellings on lots of record as of January 14, 1959 or on a lot in a recorded subdivision platted between January 14, 1959 and July 16, 1986. A variance is necessary to permit the lot split and development of a single-family dwelling and also to conform the existing single-family dwelling. This ordinance also includes variances to reduce the minimum side yards. Approval of this request will not add a new or incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.02, AR-12, ARLD and AR-1, Apartment residential district use; 3333.23, Minimum side yard required, for the property located at 1128 HIGHLAND STREET (43201), to permit a new single-family dwelling and to conform an existing single-family dwelling in the ARLD, Apartment Residential District with reduced development standards and to declare an emergency. (Council Variance #CV06-021)
Body
WHEREAS, by application No. CV06-021, the owner of property at 1128 HIGHLAND STREET (43201), is requesting a Council Variance to permit a new single-family dwelling and to conform an existing single-family dwelling with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, ARLD, Apartment Residential District, prohibits single-family dwellings on a lot that is not a lot of record as of January 14, 1959 or platted between January 14, 1959 and July 16, 1986, while the applicant proposes to build a new single-family dwelling and conform an existing single-family dwelling on two newly created lots; 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 3333.23(a) Minimum side yard required, requires a minimum side yard of five (5) feet, while the applicant proposes minimum side yards as indicated on the site plan including 3' 4" on the north property line and 3' 5 1/8" on the south property line for the existing single-family dwelling, and 4' 4 3/8" on the north property line and 4' 3 3/4" on the south property line for the new single-family dwelling; and
WHEREAS, Section 3333.23(c) Minimum side yard required, requires a minimum distance of a garage from the interior side lot line of three (3) feet, while the applicant proposes minimum distances as indicated on the site plan including 1' 5 1/2" on the north property line and 1' 2 3/4" on the south property line for the existing garage; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because approval of this request will not add a new or incompatible use to the area. The subject site is developed with a single-family dwelling on a lot zoned in the ARLD, Apartment Residential District. The applicant proposes a lot split and desires to construct a single-family dwelling on the newly created lot. The ARLD district permits single-family dwellings on lots of record as of January 14, 1959 or on a lot in a recorded subdivision platted between January 14, 1959 and July 16, 1986. A variance is necessary to permit the lot split and development of a single-family dwelling and also to conform the existing single-family dwelling. This ordinance also includes variances to reduce the minimum side yards; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 1128 HIGHLAND STREET (43201), 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; 3333.23, Minimum side yard required, for the property located at 1128 HIGHLAND STREET (43201), insofar as said sections prohibit single-family dwellings with side yards of 3' 4" on the north property line and 3' 5 1/8" on the south property line for the existing single-family dwelling, and 4' 4 3/8" on the north property line and 4' 3 3/4" on the south property line for the new single-family dwelling , and side yards for the existing garage of 1' 5 1/2" on the north property line and 1' 2 3/4" on the south property line; said property being more particularly described as follows:
1128 HIGHLAND STREET (43201), being 0.20± acres located on the east side of Highland Street, 213± feet south of West Fourth Avenue, and being more particularly described as follows:
DESCRIPTION OF A 0.207 ACRE TRACT
LOCATED EAST OF HIGHLAND STREET
AND SOUTH OF FOURTH AVENUE
Situate in the State of Ohio, County of Franklin, City of Columbus, being all of Lot 80 and 10.00 feet off the north side of Lot 81 of COLLINS, ATKINSON AND GUITNER'S SUBDIVISION, of record in Plat Book 2, Page 84, the same being all of the tract of land conveyed to Robert S. Messenger by a deed of record in Instrument Number 200512010252668, records of the Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
Beginning at an iron pin set in the easterly line of Highland Street (60.00 feet in width) at the westerly common corner of said Lot 80 and Lot 79 of said COLLINS, ATKINSON AND GUITNER'S SUBDIVISION, said point being located South 01° 49' 34" West, a distance of 212.66 feet from the intersection of the easterly line of said Highland Street and the southerly line of Fourth Avenue (60.00 feet in width);
Thence South 88° 30' 00" East, a distance of 150.00 feet, along the line common to said Lot 79 and Lot 80, to an iron pin set in the westerly line of a 20.00 feet wide alley, at the easterly common corner of said Lot 79 and Lot 80;
Thence South 01° 49' 34" West, a distance of 60.00 feet, along the westerly line of said alley and the easterly line of said Lot 80 and Lot 81, to a ¾" iron pin found (bent);
Thence North 88° 30' 00" West, a distance of 150.00 feet, across said Lot 81, to an iron pin set in the easterly line of said Highland Street and in the westerly line of said Lot 81;
Thence North 01° 49' 34" East, a distance of 60.00 feet, along the easterly line of said Highland Street and the westerly line of said Lot 81 and Lot 80, to the Point of Beginning, containing 0.207 acres, more or less and being subject to all easements, restrictions and rights-of-way of record.
The bearings in the above description are based on the bearing of South 88° 30' 00" East for the easterly line of Highland Street and are used to denote lot angles only.
The above description is based on an actual field survey in February of 2006.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for single-family dwellings, or those uses permitted in the ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned to be consistent with the site plan titled, "PROPOSED SITE PLAN," signed and dated by Kevin McMahon, applicant, June 12, 2006. Any slight adjustment to the drawing 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.