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File #: 0404-2014    Version: 1
Type: Ordinance Status: Passed
File created: 2/11/2014 In control: Zoning Committee
On agenda: 3/10/2014 Final action: 3/13/2014
Title: To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District; and 3372.544, Maximum floor area, of the Columbus City codes; for the property located at 1492 INDIANOLA AVENUE (43201), to permit a maximum of ten apartment units within an existing apartment building with increased floor area ratio in the R-4, Residential District (Council Variance # CV13-026).
Attachments: 1. ORD0404-2014Attachments, 2. Notice Of Public Hearing - Council Mtg20140303
Explanation
Council Variance Application:  CV13-026
APPLICANT:  Sean Ash, Peak Property Group; c/o Juliet Bullock, Architect; 1182 Wyandotte Road; Columbus, OH 43212.
    
PROPOSED USE: Ten-unit apartment building.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
                                                                            
CITY DEPARTMENTS' RECOMMENDATION:  Approval.   The requested Council variance will allow a ten-unit apartment building in the R-4, Residential District.  The building was originally constructed as a nine-unit apartment building prior to the establishment of the R-4 District.  The applicant proposes converting an internal storage area into a tenth unit.  A variance for increased floor area ratio is included in the request.  The site lies within the boundaries of the University Neighborhoods Revitalization Plan (1996), which recommends lower density residential development for this location.  The existing apartment use is consistent with the surrounding land use pattern, and the addition of one unit will have no detrimental effect
on the surrounding neighborhood. Staff is supportive of this request which will not add an incompatible use to the neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District; and 3372.544, Maximum floor area, of the Columbus City codes; for the property located at 1492 INDIANOLA AVENUE (43201), to permit a maximum of ten apartment units within an existing apartment building with increased floor area ratio in the R-4, Residential District (Council Variance # CV13-026).
Body
WHEREAS, by application No. CV13-026, the owner of property at 1492 INDIANOLA AVENUE (43201), is requesting a Council Variance to permit a maximum of ten apartment units within an existing building with an increased floor are ratio in the R-4, Residential District; and
WHEREAS, Section 3333.039, R-4, Residential District, allows a maximum of four units in one dwelling, while the applicant proposes to convert an interior storage area within an existing nine-unit apartment building to create a ten-unit apartment building; and
WHEREAS, Section 3372.544, Maximum floor area, requires a maximum calculated floor area ratio (F.A.R) of not greater than 0.40, while the applicant proposes to maintain a floor area ratio of 0.72; and
WHEREAS, The University Area Commission recommends approval; and  
 
WHEREAS, City Departments recommend approval because the existing apartment use is consistent with the surrounding land use pattern, and the addition of one unit will have no detrimental effect on the surrounding neighborhood. Staff is supportive of this request which will not add an incompatible use to the neighborhood; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 roads, 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 1492 INDIANOLA AVENUE (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 3332.039, R-4, Residential District; and 3372.544, Maximum floor area, of the Columbus City Codes, is hereby granted for the property located at 1492 INDIANOLA AVENUE (43201), insofar as said sections prohibit a ten-unit apartment building, with an increased floor area ratio of 0.72 where 0.40 is required; said property being more particularly described as follows:
1492 INDIANOLA AVENUE (43201), being 0.21± acres located at the southeast corner of Indianola and East Ninth Avenues, and being more particularly described as follows:
DESCRIPTION OF A 0.209 ACRE TRACT
LYING EAST OF INDIANOLA AVENUE
AND SOUTH OF NINTH AVENUE
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Lots 9 and 10 of EVANS & CHEETHAM'S AMENDED PLAT, of record in Plat Book 3, Page 76, and being the entire tract of land conveyed to Bash 3, LLC, of record in Instrument Number 201301030001210, records of the Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
Beginning at an iron pin set at the intersection of the easterly right-of-way line of Indianola Avenue (60 feet wide) and the southerly right-of-way line of Ninth Avenue (60.72 feet wide), being the northwesterly corner of said Lot 9;
Thence South 86° 55' 25" East, a distance of 150.00 feet, along the northerly line of said Lot 9, and the southerly right-of-way line of said Ninth Avenue, to an iron pin set at the northeasterly corner of said Lot 9, being the intersection of the southerly right-of-way line of said Ninth Avenue and the westerly right-of-way line of a 20 feet wide alley;
Thence South 03° 13' 39" West, a distance of 60.64 feet, along the easterly line of said Lots 9 and 10, and the westerly right-of-way line of said 20 feet wide alley, to an iron pin set at the easterly common corner of said Lot 10 and Lot 6 of ANNE DENNISON'S SUBDIVISION, of record in Plat Book 7, Page 25;
Thence North 86° 55' 25" West, a distance of 150.00 feet, along the line common to said Lots 10 and 6, to an iron pin set in at the westerly common corner thereof, being in the easterly right-of-way line of said Indianola Avenue;
Thence North 03° 13' 39" East, a distance of 60.64 feet, along the westerly lines of said Lots 10 and 9, and the easterly right-of-way line of said Indianola Avenue, to the Point of Beginning, containing 0.209 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 assumed bearing of South 86° 55' 25" East for the Southerly right-of-way line of Ninth Avenue, and are intended to denote angles only.
All iron pins set are 3/4 inch iron pipes, 30 inches in length, with a red plastic cap stamped with the name "Landmark Survey".
The above description is based on an actual field survey performed in February of 2013.
Parcel Number 010-022484
Property Address:  1492 Indianola Avenue, Columbus, Ohio 43201
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a ten-unit apartment building.
SECTION 3.  That this ordinance is further conditioned on general conformance with the site plan titled, "1492 INDIANOLA - PROPOSED SITE PLAN and PROPOSED NORTH ELEVATION," drawn and signed by Juliet A. Bullock, Architect for the Applicant, and dated January 31, 2014.  The Subject Site shall be developed in accordance with the site plan and elevation. The plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development or engineering plan completion.  Any slight adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a 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.