130-02 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
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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~~_
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~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