Explanation
APPLICANT: Royal Tallow Holdings Ltd; c/o Donald T. Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Multi-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This vacant 1.91+ acre site is platted as Lot 2 within a large mixed-unit residential development known as Harrison Park which was permitted by Council variance Ordinance #1344-2004, passed July 19, 2004 (CV04-006). The applicant requests this Council variance to increase the number of permitted dwelling units on Lot 2 from 75 units to 108 units. The proposed site plan and elevation exhibit ensure that the development will be compatible and consistent with the surrounding dwelling types and code compliant parking will be provided. This Council variance reiterates a condition of Ordinance #1344-2004 that the applicant must complete a rezoning of Harrison Park to replace the C-3, C-4, Commercial, and M, Manufacturing Districts with an appropriate residential zoning district that reflects the development. Staff believes that 33 additional dwelling units on this site will not cause a negative impact on existing adjacent uses.
Title
To grant a Variance from the provisions of Section 3363.01 M, Manufacturing District, of the Columbus City Codes for property located at 947 PERRY STREET (43215), to permit multi-unit residential development. (CV11-030)
Body
WHEREAS, by application No. CV11-030, the owner of property at 947 PERRY STREET (43215), is requesting a Council variance for this vacant site to increase the number of allowed dwelling units from 75 that were approved via CV04-006 to 108; and
WHEREAS, Section 3363.01 M, Manufacturing Districts, does not permit multi-unit residential uses; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, the City Departments find that the proposal is consistent with the Harrison West Plan (2005). Because the site is bordered by multi-unit residential dwellings, Staff finds the proposed use to be compatible with the surrounding development. The applicants are providing the parking in compliance with the Zoning Code so Staff finds the addition of 33 dwelling units will not cause a negative impact on the surrounding area; and
WHEREAS, the applicant was supposed to finish rezoning Z04-026 as a follow up to Council variance CV04-006, but did not follow through with that commitment. The current M, Manufacturing District does not reflect the land use at the site and causes problems with the administration of zoning and it is inappropriate to maintain the current M, Manufacturing District zoning. Staff requests the applicant finish this or another appropriate rezoning for multi-unit residential development as a condition of this Council variance; 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 owner of the property located at 947 PERRY STREET (43215), in using said property as desired; and
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That a variance from the provisions of Section 3363.01 M, Manufacturing Districts, of the Columbus City Codes for property located at 947 PERRY STREET (43215), insofar as said sections prohibit multiple-unit residential development; said property being more particularly described as follows:
947 PERRY STREET (43215), being 1.91± acres located at the southwest corner of West First Avenue and Perry Street, and being more particularly described as follows:
LEGAL DESCRIPTION
947 Perry Street, Columbus, OH 43215
CV11-030
1.913 acre
Situated in the State of Ohio, County of Franklin and City of Columbus and being Lot 2 of Harrison Park (Plat Book 108, Page 56), of record with the Franklin County Recorder, Franklin County, OH.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for 108 multi-unit residential units.
Section 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 4. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the plans titled, "HARRISON PARK: PARK FLATS 1 OF 2 AND 2 OF 2," signed by Donald Plank, Attorney for the Applicant, dated November 17, 2011. The plans 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 Plans shall be subject to review and approval by the Director of the Department of Building and Zoning Services, or his or her designee, upon submission of the appropriate data regarding the proposed adjustment.
Section 5. That this ordinance is conditioned on the applicant proceeding with an application to rezone this property to an appropriate residential district and, if necessary, with a concurrent Council variance and having this or these application(s) on the Agenda of the Columbus City Council for consideration by no later than December 31, 2012.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.