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Home My WebLink About130-02 Ordinance AMENDED RECORD OF ORDINANCES Da on Le al Blank Co. Form No 0043 130-02 (Amended) Ordinance No Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND GRANT AN EASEMENT AND LEASE AGREEMENT WITH TOM BASSETT FOR THE DEVELOPMENT OF 35 SOUTH HIGH STREET IN THE CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY WHEREAS, Historic (Old) Dublin is awell-preserved historic district which plays an important part in the history, architecture, culture, education and general significance of the larger Dublin Community; and WHEREAS, the Dublin Community Plan recommends the creation of new opportunities for mixed use development in Historic Dublin in order to facilitate re- use of existing buildings and to assure the continued preservation of historic structures; and WHEREAS, most of Historic Dublin was subdivided over 100 years ago into parcels less than one-half acre requiring cooperation between adjacent property owners to facilitate re-use of existing buildings; and WHEREAS, City Council desires to encourage revitalization in Historic Dublin, NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Dublin City Council authorizes the City Manager to execute the Easement and Lease Agreement, based on fair market value with Tom Bassett for the development of 35 South High Street. Section 2. This Ordinance is declared to be an emergency measure for the immediate preservation of the public peace, health, safety or welfare, and for the further reason of executing the Deed of Easement; therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this d f /U D ()U?~ ~ , 2002. yor - r Attest: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Cl c of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway .Dublin, Ohio 43017-1006 Phone: 614-410-4400 . Fax: 614-410-4490 Memo CITY OF DUBLIN TO: Members of the Dublin City Council FROM: Jane S. Brautigam, City Manager~n.~„„~.5. .~."~ot.w.J DATE: November 4, 2002 X INITIATED BY: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer ~ Barb A. Cox, P.E. Interim Assistant Director of Engineering -Development ~ . RE: Ordinance No. 130-02 (Amended) Bassett Property - 35 South High Street Easement Agreement SUMMARY: This item was presented as a first reading for Council consideration and direction at the October 16, 2002 City Council meeting. As Council may recall, the Division of Engineering has received a request from Mr. Tom Bassett for an easement along the southern property line of the City of Dublin owned property at 27/29 South High Street. This is the location of the Village Tavern and associated parking lot and is parcel number 273-000062. This easement is required so that Mr. Bassett's proposed development of 35 South High Street can meet the requirements of the Ohio Building Code (OBC). This request is similar to two previous situations. One past case was the Old Dublin Town Center project involving the building and the City owned parking lot. The second recent case was for an encroachment of City property at 24 Darby Street. Mr. Bassett's development includes the conversion of two garages on the property to a carriage house. The carriage house is proposed to be a type V-B building construction and is made of mixed materials (concrete block walls for the first floor and wood framing for the roof structure). OBC Section 704.5 addresses the Fire- resistance ratings for Exterior Walls. Table 602 in Section 704.5 of the OBC establishes the minimum fire-resistance rating for all exterior walls. This is based on the type of construction, the type of fire-resistant assembly and the fire separation distance. If no fire-resistant assembly is used, this V-B building is required to be greater than thirty feet from a property line. If a one-hour fire-resistant assembly is used, the distance to the property line can be reduced to ten feet. This project proposes to use aone-hour fire-resistant assembly for the gable end of the carriage house. The existing structure is located at approximately one-foot south of the existing property line separating the Bassett property from the City of Dublin owned property. Therefore, aten-foot easement restricting above ground structures is needed along the southern property line of the Village Tavern property. This will only be required to a point ten- feet past the eastern edge of the proposed carriage house. .This easement will not hinder the current use of the property and promotes the redevelopment of Historic Dublin RECOMMENDATION: The consensus of Council, at the October 16, 2002 meeting, was to approve the concept of a permanent easement/lease to Mr. Bassett, with compensation on a market rate basis, to allow the use of a portion of City property. Staff is presenting this item as a second reading for Council consideration of the easement request and subsequent Council action. Staff recommends approval of this emergency ordinance granting the permanent easement and long-term lease to the property owner to assure that the 10-foot separation required by Code can be accommodated. It is acknowledged that such a permanent easement would restrict the City from any building on their property within the easement area. T:\Council\Council 2002\Bassett Property 35 S. High Easement Agreement Ordinance I 1-4-02 Meeting.doc Office of the City Manager 5200 Emerald Parkway .Dublin, Ohio 43017-1006 Phone: 614-410-4400 . Fax: 614-410-4490 Memo CITY OF DUBLIN TO: Members of the Dublin City Council FROM: Jane S. Brautigam, City Manager~a,~,~,`, rj, DATE: October 16, 2002 - ~s INITIATED BY: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer L Barb A. Cox, P.E. Interim Assistant Director of Engineering -Development RE: Ordinance No. 130-02 Bassett Property - 35 South High Street Easement Agreement SUMMARY: The Division of Engineering has received a request from Mr. Tom Bassett for an easement along the southern property line of the City of Dublin owned property at 27/29 South High Street. This is the location of the Village Tavern and associated parking lot and is parcel number 273-000062. This easement is required so that Mr. Bassett's proposed development of 35 South High Street can meet the requirements of the Ohio Building Code (OBC). This request is similar to two previous situations. One past case was the Old Dublin Town Center project involving the building and the City owned parking lot. The second recent case was for an encroachment of City property at 24 Darby Street. Mr. Bassett's development includes the conversion of two garages on the property to a carriage house. The carriage house is proposed to be a type V-B building construction and is made of mixed materials (concrete block walls for the first floor and wood framing for the roof structure). OBC Section 704.5 addresses the Fire- resistance ratings for Exterior Walls. Table 602 in Section 704.5 of the OBC establishes the minimum fire-resistance rating for all exterior walls. This is based on the type of construction, the type of fire-resistant assembly and the fire separation distance. If no fire-resistant assembly is used, this V-B building is required to be greater than thirty feet from a property line. If a one-hour fire-resistant assembly is used, the distance to the property line can be reduced to ten feet. This project proposes to use aone-hour fire-resistant assembly for the gable end of the carnage house. The existing structure is located at approximately one-foot south of the existing property line separating the Bassett property from the City of Dublin owned property. Therefore, aten-foot easement restricting above ground structures is needed along the southern property line of the Village Tavern property. This will only be required to a point ten- feet past the eastern edge of the proposed carriage house. .This easement will not hinder the current use of the property and promotes the redevelopment of Historic Dublin RECOMMENDATION: Regarding a recent request to encroach on City property to improve access to the building at 24 Darby Street, the consensus of Council was to approve the concept of a permanent easement/lease, with compensation on a market rate basis, to allow the use of a portion of City property. Staff is presenting this item as a first reading for Council consideration of the easement request and subsequent Council direction. Staff recommends that a permanent easement or long-term lease be provided to the property owner to assure that the 10-foot separation required by Code can be accommodated. It is acknowledged that such a permanent easement would restrict the City from any building on their property within the easement area. T:\Council\Council 2002\Bassett Property 35 S. High Easement Agreement Ordinance.doc V) - ~ Q 7 ~ ~ ~ ' = ~ Z ~ ti N Y ~ _ O O N CO ~ ^ N ~ L/ / ~ O ~l J O ~ ~ ~ N ~ ~ ~ ~ ~ N ~ ~ C~ ~ - i 00 U I.'' '.i i ~ ~ r,~.._ 1 ~:~i;~`:~:~5:~ ~ ::.:'1 ~:"r>:~::::.. ~:~a:~:~:~:~: ~ ~ M 1 ~ ~~:~i i>C~>}}:~?:~>:~:~: ~ ik p~.:.,:.. . . 5»5 ?i _ _ - - 1: i;:a ;~L; F z w w ti ~ ~ w M Q z o c ~ ~ ~ ; a0 U ~ aa. o ~ ~ I~ f0 W J y ~ i V d 5641 Glenbervie Court Dublin, OH 43017 October 1, 2002 Carson Combs c% Division of Planning City of Dublin 5800 Shier-Rings Rd. Dublin,OH 43016 Dear Carson: I am writing to request the following action betaken by Dublin City Council in order to proceed with the conversion of the two concrete block garages into a "carriage house" at 35 S. High St. The actions requested are: 1) A waiver of storm water regulations for on site detention and quality requirement 2) An easement along the north property line adjacent to the building (city owned property) to allow windows to be placed in the gable ends. Thank you for your assistance in this matter. Respectfully, ~ Tom Bassett (Property Owner) RECEI~/E~ OC~~_ ~o~ c~-- ~TY U~JBL[>~ BOARD OF ZONING APPEALS BOARD ORDER September 26, 2002 -cr?'~ r?E~ nrt?t.t~ Division of Planning 5800 Shier-Rings Road " iblin, Ohio 43016-1236 ie/1DD: 614-410-4600 Fax: 614-761-6566 Web Site: www.dablin.oh.us The Board of Zoning Appeals took the following action at this meeting: 3. Variance 02-093V -Bassett Property - 35 South High Street Location: 0.25-acre located at the northwest corner of South High Street and Spring Hill. Existing Zoning: CB, Central Business District. Request: A variance to the following Code sections: 1) 153.030 (C)(3) to reduce the northern required side yard from 15 feet to zero feet; 2) 153.030 (C)(4) to reduce the required rear yard from 15 feet to zero feet; { 3) 153.133 (A)(5) to waive the required vehicular use screening; and 4) 153.212 to reduce the required number of on-site parking spaces from 16 to eight; and 5) 153.071(B)(2) to reduce the southern required side yard from five. feet to zero feet for the installation of pull-in parking. Proposed Use: Conversion of two 672-square foot garages into a combined 2,325- square foot carriage house for office use. Applicant: Thomas Bassett, 5641 Glenbervie Court, Dublin, Ohio 43017. Staff Contact: Carson Combs, AICP, Senior Planner. MOTION: To approve this variance application with 17 conditions: 1) That all necessary variances for development standards, landscaping, and parking be obtained from the Board of Zoning Appeals, or that Code be met, and that all variances apply only to the proposed improvements; 2) That the proposed patio be located outside the required side yard, consistent with the approved ARB plans; 3) That the proposed carriage house doors utilize a simple, rectangular detail, subject to staff approval; Page 1 of 3 BOARD OF ZONING APPEALS BOARD ORDER September 26, 2002 3. Variance 02-093V -Bassett Property - 35 South High Street (Continued) VOTE: 3 - 0. RESULT: This variance was approved. RECORDED VOTES: Brent Davis Absent Laurie Elsass Yes Jennifer Malinoski Absent Jeffrey Ferezan Yes G. Lynn McCurdy Yes STAFF CERTIFICATION Barbara M. Clarke Planning Director Note: These conditions are repeated from Board Order 02-092ARB, approved by the Architectural Review Board on August, 28, 2002. Page 3 of 3