Explanation
Council Variance Application: CV06-001
APPLICANT: Fabulous Real Estate Investments, LLC; c/o Kirk Paisley; LUSKHARKIN Architects and Planners; 35 North Fourth Street; Columbus, Ohio 43205.
PROPOSED USE: To conform an existing two-family dwelling and four (4) existing multi-family dwellings and to allow a restaurant.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow the renovation of five vacant existing residential buildings, which encompass a city block, and permit an 1,860 square foot restaurant. The restaurant is proposed to be located in a building once occupied by a laundromat. The number of dwelling units on the site is being reduced from 41 to 27. The applicant is requesting variances to make existing conditions conforming including density, lot coverage, building lines, perimeter yard, vision clearance, driveway width, and minimum number of required parking spaces. One overall goal of the Housing and Historic Preservation Plan (part of the Near East Area Plan (2005)) is to "preserve existing housing stock and achieve a reduced rate of housing demolition." The plan also encourages "the preservation and renovation of historic structures rather than demolition." An overall goal of the plan is "a mix of land uses that contributes to a walkable and diverse neighborhood." The restaurant provides a non-residential use that can be walkable for many residents of the neighborhood. This request is consistent with the Near East Area Plan.
Title
To grant a Variance from the provisions of Sections 3309.148, Area districts; 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3333.11 ARLD area district requirements; 3333.15, Basis of computing area; 3333.18, Building lines; 3333.255, Perimeter yard; 3333.27(b), Vision clearance; 3342.08, Driveway; 3342.25(a), Vision clearance and 3342.28, Minimum number of parking spaces required of the City of Columbus codes, for the property located at 72 DOUGLASS STREET (43205), to conform an existing two-family and four (4) existing multi-family dwellings and to allow a restaurant in the ARLD, Apartment Residential District. (Council Variance # CV06-001)
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WHEREAS, by application No. CV06-001, the owner of property at 72 DOUGLASS STREET (43205), is requesting a Council Variance to conform a two-family dwelling and four (4) multi-family dwellings and to allow a restaurant in the ARLD, Apartment Residential District; and
WHEREAS, Section 3309.148, Area districts, requires 2,500 sq. feet per dwelling unit, which would allow 15 dwelling units on the property, while the applicant proposes to maintain 27 existing dwelling units; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, prohibits dwellings containing fewer than three (3) dwelling units and prohibits restaurants, while the applicant proposes to maintain the existing two-family dwelling and to convert the space used for a laundromat to a restaurant; and
WHEREAS, Section 3333.11, ARLD area district requirements, requires 2,500 square feet per interior dwelling unit and 1,500 square feet per corner lot dwelling unit, allowing a total of 22 dwelling units on the site, while the applicant proposes 27 dwelling units on the property;
WHEREAS, Section 3333.15, Basis of computing area, requires a maximum building coverage of 50%, while the applicant proposes to maintain the existing buildings which cover 60% of the site; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 25 feet, while applicant proposes to maintain the existing building lines of 10 feet-6 inches, 9 feet-5 inches, 7 inches, 3 feet-8 inches, 11 feet-7 inches, and 3 feet-6 inches as indicated on the site plan; and
WHEREAS, Section 3333.255, Perimeter yard, requires a 25 foot wide perimeter yard for the apartment complex, while the applicant proposes to maintain the existing buildings with perimeter yard widths of 10 feet-6 inches, 9 feet-5 inches, 7 inches, 3 feet-8 inches, 11 feet-7 inches, 3 feet-6 inches and 0 feet, as indicated on the site plan; and
WHEREAS, Section 3333.27(b), Vision clearance, requires a clear vision triangle at intersections, while the applicant proposes to maintain no clear vision triangle for the existing buildings at the intersections of Oak and Eighteenth streets and Douglass and Oak streets; and
WHEREAS, Section 3342.08, Driveway, requires a minimum width of 20 feet for driveways serving more than eight (8) parking spaces, while the applicant proposes to maintain the existing 13 foot wide driveway located between two existing buildings; and
WHEREAS, Section 3342.25(a), Vision clearance, requires a clear vision triangle for driveways, while the applicant proposes to maintain the existing driveway and buildings which does not provide the required clear vision triangle at the Oak Street entrance; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires each dwelling unit to have two (2) off-street parking spaces for a total of 54 parking spaces and the 1,860 square foot restaurant to have one parking space for each 75 square feet for a total of 25 parking spaces, providing a total for the site of 79 parking spaces, while the applicant proposes a total of 12 parking spaces for the development; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because this request is consistent with the Near East Area Plan. This variance will allow the renovation of five vacant existing residential buildings, which encompass a city block, and permit an 1,860 square foot restaurant. The restaurant is proposed to be located in a building once occupied by a laundromat. The number of dwelling units on the site is being reduced from 41 to 27. The applicant is requesting variances to make existing conditions conforming including density, lot coverage, building lines, perimeter yard, vision clearance, driveway width, and minimum number of required parking spaces. One overall goal of the Housing and Historic Preservation Plan (part of the Near East Area Plan (2005)) is to "preserve existing housing stock and achieve a reduced rate of housing demolition." The plan also encourages "the preservation and renovation of historic structures rather than demolition." An overall goal of the plan is "a mix of land uses that contributes to a walkable and diverse neighborhood." The restaurant provides a non-residential use that can be walkable for many residents of the neighborhood.; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy 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 72 DOUGLASS STREET (43205), 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 3309.148, Area districts; 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3333.11 ARLD area district requirements; 3333.15, Basis of computing area; 3333.18, Building lines; 3333.255, Perimeter yard; 3333.27(b), Vision clearance; 3342.08, Driveway; 3342.25(a), Vision clearance and 3342.28, Minimum number of parking spaces required; of the City of Columbus codes, for the property located at 72 DOUGLASS STREET (43205), insofar as said sections prohibit 27 dwelling units on a 0.89 acre property, a two-family dwelling, a two-family and four-family dwelling in an apartment complex, lot coverage of 60%, building lines and perimeter yard of 10 feet-6 inches, 9 feet-5 inches, 7 inches, 3 feet-8 inches, 11 feet-7 inches, 3 feet-6 inches and 0 feet, a 13 foot-wide driveway, no vision clearance for intersections and the driveway and 12 parking spaces; said property being more particularly described as follows:
72 DOUGLASS STREET (43205), being 0.89± acres located at the northeast corner of Oak and Douglass Streets, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being part of Lot Numbers Five (5) and Six (6) of C.B. and D.H. COWAN'S SUBDIVISION of Lots Forty-Five (45) to Forty-Nine (49) of SAMUEL BARLIT's AMENDED SUBDIVISION, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 311, Recorder's Office, Franklin County, Ohio more particularly described as follows:
Beginning at a stake in the Northwest corner of said Lot Number Five (5) and in the South line of Agate Street; thence with the North line of said Lot Number Five (5), and the South line of said Agate Street, East 34.70 feet to a stake; thence on a line parallel with the East line of said Lot Numbers Five (5) and Six (6); Southwardly 75 feet to a stake in the south line of said Lot Number Six (6); thence with the South line of said Lot Number Six (6), Westerly 34 feet to a stake in the Southwest corner of said Lot Number Six (6)(and the East line of a 15-foot alley); thence with the West lines of said Lots Five (5) and Six (6) Northwardly 75 feet to the place of beginning.
Parcel No. 010-034524
Known as: 883-885 Agate Alley, Columbus, Ohio 43205
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being situated in the State of Ohio, County of Franklin, and City of Columbus, being all of Lots 1, 2, 3 and 4 of C.B. and D.H. COWAN'S SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 311, Recorder's Office, Franklin County, Ohio.
Parcel No. 010-043734
Known as: 66-78 Douglas Street, Columbus, Ohio 43205
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being Lots Numbers Seven (7) and Eight (8) of C.B. and D.H. COWAN'S SUBDIVISION, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 311, Recorder's Office, Franklin County, Ohio.
Parcel No. 010-046774
Known as: 880-894 Oak Street, Columbus, Ohio 43205
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being eighty-seven (87) feet off of the east of Lot Number Six (6) of C.B. and D.H. COWAN'S SUBDIVISION of Lots 45 to 49, both inclusive, of SAMUEL BARLIT'S ADDITION, as same appears of record, Recorder's Office, Franklin County, Ohio, also a strip of 1.87 feet off of the south side by 87 feet off of the east end of Lot Number Five (5), of said Cowan's Subdivision. Beginning at the southeast corner of said Lot Number Six (6) marked by a cut on a concrete step, it being also the west line of Eighteenth Street; thence with the east line of said Lots Nos. 6 and 5 north 39.37 feet to a cut on the concrete at the center of a court, and being 1.87 feet north of the southeast corner of said Lot Number Five (5), 1.87 feet north thereof, west 87 feet to a stake; thence with a line parallel to the east line of said Lots Nos. 5 and 6, south 39.37 feet to a stake in the south line of said Lot Number Six (6); thence with the south line of said Lot Number Six (6), 87 feet to the place of beginning.
Parcel No. 010-048063
Known as: 73-75 S. Eighteenth Street, Columbus, Ohio 43205
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being a part of Lot No. Five (5) of C.B. and D.H. COWAN'S SUBDIVISION of Lots Nos. Forty-five (45) and Forty-nine (49), both inclusive of Samuel Barlit's Amended Subdivision, as the said Lot No. 5 is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 5, page 311, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at the northeast corner of Lot No. 5 marked by a cut on a concrete step; thence with the east line of said Lot No. 5, it being also the west line of 18th Street, south 35.63 feet to a cut on concrete to the center line of the Court; thence westerly with a line parallel with the north line of said Lot No. 5, 87 feet to a stake; thence on a line parallel with the west line of 18th Street, northerly 35.63 feet more or less to the north line of said Lot No. 5; thence easterly along the north line of said Lot No. 5, 87 feet more or less to the place of beginning.
Parcel No. 010-048064
Known as: 69-71 S. Eighteenth Street, Columbus, Ohio 43205
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for one two-family dwelling and an 1,860 square foot restaurant 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, "Fabulous Real Estate," signed by Kirk Paisley, applicant, and dated June 30, 2006. Any slight adjustments to the drawings 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.