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AGENDA ITEM #1 REQUEST FOR PROPERTY VARIANCE FOR GREIWE DEVELOPMENT COMPANY FOR THE PUBLIC HEARING OF THE MARIEMONT PLANNING COMMISSION SCHEDULED FOR APRIL 16, 2008 HAS BEEN DELETED UNTIL FURTHER NOTICE
NOTICE OF PUBLIC HEARING
MARIEMONT PLANNING COMMISSION
VILLAGE OF MARIEMONT, OHIO
April 9, 2007
The Mariemont Planning Commission will have a Public Hearing in the Council Chambers of the Municipal Building, 6907 Wooster Pike, Mariemont, Ohio on Wednesday, April 16, 2008 at 5:30 PM to discuss the following:
1. Request from Greiwe Development Group, 9355 Holly Hill, Cincinnati, OH 45243 for a Property Variance to permit construction of a condominium development at 6916, 6920 and 6924 Madisonville Road; and at 6919, 6923 and 6927 Thordike Avenue. The Property Variance further includes the construction of a new apartment building with space for the Marielders at 6914 Madisonville Road
All 7 parcels are presently zoned “Residence B”.
Each parcel is allowed up to 4 dwelling units.
The proposed Property Variance addresses the following property requirements as stipulated in Village of Mariemont Zoning Code Residence B District Regulations:
a. The maximum allowable height of buildings (measured to midpoint of sloping roof) is 30 feet. The indicated midheight of all proposed buildings is 47 to 49 feet.
b. Minimum required front yard setbacks on Madisonville Road and West Street is 25 feet. Setbacks are proposed to be 7 feet at 6914 Madisonville Road and 10 feet at 6916, 6920 and 6924 Madisonville Road; and at 6919, 6923 and 6927 Thorndike Avenue.
c. Required rear yard setback at 6914 Madisonville Road is 25 feet. Rear yard setback is proposed to be 10 feet.
d. Required side yard setback at 6914 Madisonville Road is 11 feet 3 inches. Side yard setback is proposed to be 7 feet.
e. Required rear yard setbacks at 6916, 6920 and 6924 Madisonville Road; and at 6919, 6923 and 6927 Thorndike are 25 feet. Rear yard setbacks are proposed at 11 feet.
f. Required side yard setback at 6927 Thorndike Avenue is 11 feet 3 inches. Proposed setback is 10 feet.
g. Maximum number of apartments per building that are allowed in the Residence B District is 4 per lot. 28 apartments presently occupy the 7 subject sites.
h. Required off-street parking is 1 per apartment for a total of 28 spaces. 28 spaces are presently provided.
Finding of the Building Commissioner: The Zoning Code of the Village of Mariemont does not contain stipulations governing new residential condominium developments per se. Chapter 152 of the Code of Regulations governs the conversion of existing apartment buildings to condominiums.
The Planning Commission has the authority to grant the request for a Property Variance based on paragraph 151.025(H)((3)(b)(1) of the Zoning Code, which states that “Variances may be granted under the following circumstances: 1. When there is reasonable doubt as to any provision of this Code or the Building Zone Map as applied to such property; or………..”. Clearly, this project, as a new condominium, meets that test.
Notwithstanding the fact that the Mariemont Zoning Code is silent on property requirements for new condominium developments, the variances listed above pertain to those requirements stipulated for the Residence B Districts, which would apply if the proposed project were an apartment complex. The Zoning Code Section 151.005 Definitions specially states defines “Apartment Building”, among other things, “An apartment is not a CONDOMINUM.”
The existing property is presently zoned Residence B. Rezoning the property to Residence ‘C’ would not resolve the above-listed variance needs and would not be pertinent to the proposed use of the site as a condominium.
There are currently 28 dwelling units on the subject sites. The new development will contain a maximum of 57 condominium units and 40 apartment units. There are currently 28 garage parking spaces on the sites. The new development will contain 99 garage-parking spaces for the condominium units and 25 parking spaces for the apartment units.
Total required parking required by the Mariemont Zoning Regulations is 115 (including 18 for the Marielders space proposed at 6914 Madisonville Road). 124 are proposed to be provided.
Section 151.06 (A)(2)(c) permits “Multi-service centers providing community-wide support and services to persons who are elderly” to exist in a Residence B zone.
The PUD (Planned Unit Development) process, as detailed in the Zoning Code, allows great flexibility and creativity in the planning process. For that reason, setbacks, density, parking, etc are specifically not regulated. A PUD is not applicable in this example, however, because of the minimum required lot size of 5 acres. It should be noted that the Spring Hill Condominium development was approved as a new condominium and was also a PUD.
Greiwe Development Group has presented to the Building Commissioner written authorization to speak on behalf of the Owners of Record of the 7 sites under consideration.
· Above request shall be subject to limitations set forth in Section 151.025(H)(3)(b)(1) and 151.086 of the Zoning Code as adopted by the Village of Mariemont, December 26, 2006. Ordinance No. 0-12-06.
2. Request from Mariemont Townhomes llc, 6945 Crystal Springs Dr, Mariemont, OH 45227 for approval to subdivide attached townhouses beginning at 6621, 6701 and 6747 Murray Avenue; at 6923, 6624, 6612 and 6740 Chestnut Street; at 3902 and 3926 Beech Street; at 3937 Plainville Road; and at 6742, 6713, 6731 and 6761 Maple Street in conformance with Ordinance No. 08-03 allowing for “Zero Lot Lines” designation.
Finding of the Building Commissioner: The above14 addresses are the starting street numbers for a total of 69 attached townhomes. The Planning Commission is required to approve the conversion of all such properties to “Single-Family attached dwelling units” as stipulated in Zoning Regulation 151.078.
· Above request shall be subject to limitations set forth in Section 151.078 of the Village Ordinance No. 08-03 as adopted by the Village of Mariemont, May 12, 2003.
Charles Thomas, Chairman
Mariemont Planning Commission
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