Explanation
Council Variance Application: CV04-002
APPLICANT: Columbus Metropolitan Housing Authority; c/o Stephen A. Busch, JMM Architects, Agent; 4685 Larwell Drive; Columbus, Ohio 43220.
PROPOSED USE: Multi-family residential development for senior citizens.
NEAR EAST AREA COMMISSION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a use variance to permit apartment development for elderly housing in the R-2F, Residential and AR-O Apartment Residenital / Office districts and variances to allow a building up to sixty (60) feet in height with reduced setbacks and parking spaces in a thirty-five (35) foot height district. The proposal is consistent with the Near East Area Plan, (1995).
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District, 3309.14, Height Districts; 3332.21, Building lines, 3333.18, Building lines, 3342.18(b)(c), Parking setback line and 3342.28(A), Minimum number of parking spaces required, of the Columbus City Codes; for the property located at 1100 EAST BROAD STREET (43205), to permit multi-family residential development for senior citizens in the R-2F, Residential and AR-O, Apartment Residential / Office Districts with reduced development standards and to declare an emergency.
Body
WHEREAS, by application No. CV04-002, the owner of property at 1100 EAST BROAD STREET (43205), is requesting a Council Variance to permit multi-family residential development for senior citizens in the R-2F, Residential and AR-O Apartment Office Districts; and
WHEREAS, Section 3332.037, R-2F, Residential Districts, prohibits multi-family residential development, while the applicant proposes to develop apartment development for elderly housing on the property; and
WHEREAS, Section 3309.14, Height Districts, limits building height to 35- feet, while the applicant proposes a building height not to exceed 60 feet; and
WHEREAS, Section 3332.21, Building lines, requires a thirty (30) foot setback from Ohio Avenue, while the applicant proposes a ten (10) foot building setback; and
WHEREAS, Section 3332.21, Building lines, requires a twenty-five (25) foot setback from Twenty-Second Street, while the applicant proposes a ten (10) foot building and parking setback; and
WHEREAS, Section 3333.18, Building lines, requires a sixty (60) foot setback from East Broad Street, while the applicant proposes a thirty (30) foot building setback consistent with the existing building and the buildings on adjacent properties; and
WHEREAS, Section 3333.18, Building lines, requires a thirty (30) foot setback from Ohio Avenue, while the applicant proposes a ten (10) foot building and parking setback; and
WHEREAS, Section 3342.18(b)(c), Parking setback line, requires a parking setback of not less than twenty-five (25) feet along Twenty-Second Street and Ohio Avenue, while the applicant proposes a ten (10) foot parking setback along both streets; and
WHEREAS, Section 3342.28(A), Minimum number of parking spaces required, requires two parking spaces per unit (a total of two hundred (200) parking spaces for 100 apartments), while the applicant proposes to provide parking at a rate of ¾ space per unit per the requirements for housing for the elderly as specified in Section 3342.28 for a total of not more than seventy-five (75) parking spaces; and
WHEREAS, the City Departments recommend approval of said ordinance; and
WHEREAS, the proposal is consistent with the Near East Area Plan, (1995); and
WHEREAS, the Near East Area Commission recommends approval; 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, 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to meet the deadline for evidence of zoning compliance with project lender as Columbus Metropolitan Housing Authority is redeveloping the site, currently developed with the Jenkins Terrace elderly housing apartments, CMHA has applied for federal funds for the redevelopment project and must provide a letter regarding the project being in compliance with local zoning by May 1, 2004 for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 1100 EAST BROAD STREET (43205), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That variances from the provisions of Sections 3332.037, R-2F, Residential District, 3309.14, Height Districts; 3332.21, Building lines, 3333.18, Building lines, 3342.18(b)(c), Parking setback line and 3342.28(A), Minimum number of parking spaces required, of the Columbus City Codes of Columbus City Codes are hereby granted for the property located at 1100 EAST BROAD STREET (43205), in so far as said sections prohibit an apartment building for elderly housing with a maximum of 100 units, with a building height up to sixty (60) feet, with a ten (10) foot building setback on Twenty-Second Street and Ohio Avenue, a thirty (30) foot building setback on East Broad Street, a ten (10) foot building and parking setback on Twenty-Second Street and Ohio Avenue and with seventy-five (75) parking spaces, said property being more particularly described as follows:
LEGAL DESCRIPTION
Columbus Metropolitan Housing Authority
Council Variance CV04- 002
1100 East Broad Street
Columbus, OH
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus, and being further described as follows:
Being all of Lots numbered One (1) and Two (2) of JOHN C. BULLITT'S OHIO AVENUE ADDITION to the City of Columbus, Ohio, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 137, Recorder's Office, Franklin County, Ohio, AND
Beginning at the intersection of the north line of East Broad Street with the east line of 22nd Street; thence along the north line of said Broad Street N 81o 20' E. 178.35 feet to a point; thence N. 3o 24' E. 175 feet to a point in the south line of a twenty (20) foot alley; thence south 81o 29' W. along the south line of said twenty (20) foot alley, a distance of 178.09 feet to a point in the east line of said 22nd Street; thence along the east line of said 22nd Street S. 3o 29' W. 175 feet to the point of beginning, AND
All area of a twenty (20) foot right of way vacated by City of Columbus Ordinance 1195-67, AND
Being two (2) feet off the entire south side of Lot 14 and all of Lots 15, 16 and part of a unnamed Alley of the AMENDED PLAT OF JOSEPH QUINN"S SUBDIVISION, Plat Book 3, Page 301, all of Lot 6 and part of an unnamed alley of the JOHN C. BULLIT'S OHIO AVENUE ADDITION, Plat Book 5, Page 137, being further described as follows:
Beginning at a point of intersection of the centerline of a vacated alley (City of Columbus Ordinance 1195-67) and the easterly right of way line of 22nd Street, said point located North 01o56'49" West, a distance of 185.24 feet from an intersection at East Broad Street and 22nd Street thence North 01o56'49" West, a distance of 128.79 feet to a point marking the northwest corner of Lot 15;
Thence North 88o03'11" East along the north line of Lot 15, a distance of 181.07 feet to a point in the easterly line of an unnamed alley;
Thence South 01o56'49" East and parallel to 22nd Street, a distance of 7.95 feet to a point marking the northwest corner of Lot 6;
Thence North 88o03'11" East along the north line of Lot 6, a distance of 120.06 feet to a point in the westerly right of way line of Ohio Avenue;
Thence South 01o56'49" East long the westerly right of way line of Ohio Avenue 65.21 feet to as point in the south line of an unnamed alley;
Thence South 75o43'48" West long the south line of an unnamed alley, a distance of 141.31 feet to a point;
Thence North 01o56'49" West, a distance of 10.16 feet to a point marking the centerline of said vacated alley;
Thence along said centerline South 75o43'48" West, a distance of 166.92 feet to the point of beginning, containing 1.94 acres, more or less.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a apartment development for elderly housing, or those uses permitted in the AR-O, Apartment Residential / Office and R-2F, Residential Districts.
Section 3. That this ordinance is further conditioned on the applicant providing a fence on its property that is architecturally compatible with the neighborhood and the Applicant will return to the Near East Area Commission to discuss acceptable alternatives for fencing and the applicant will provide architecturally compatible fencing and landscaping to the neighbor whose property abuts CMHA's property on the site's northeast corner and will work with that neighbor to achieve this result;
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.