Explanation
Council Variance Application: CV26-054
APPLICANT: Fisk Properties, LLC; c/o Dave Perry, Agent; Dave Perry Company; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Lot split for existing residential development.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with two four-unit dwellings in the R-3, Residential District. The requested Council variance will allow a future lot split resulting in a four-unit dwelling on each lot. A Council variance is required because single-unit dwellings are the only allowable residential use in the R-3 district, and the requested lot split removes the non-conforming condition of the existing development. A variance to reduce the required parking from six to four spaces for each four-unit dwelling is included in the request. Staff notes that the four-unit dwellings are existing and that the request conforms the residential development after a future planned lot split, allowing opportunities for the lots to be sold individually or for the buildings to be expanded.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; and 3312.49(C), Required parking, of the Columbus City Codes; for the property located at 370 & 376 WOODLAND AVE. (43201), to allow four-unit dwellings with reduced parking in the R-3, Residential District (Council Variance #CV26-054).
Body
WHEREAS, by application #CV26-054, the owner of the property at 370 & 376 WOODLAND AVE. (43201), is requesting a Variance to allow four-unit dwellings with reduced parking in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, Residential District, only allows single-unit dwellings as the primary residential land use, while the applicant proposes to split the existing lot containing two four-unit dwellings, resulting in a four-unit dwelling on each new lot; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit for a total of six parking spaces for four dwelling units, while the applicant proposes a reduced total of four parking spaces for each four-unit dwelling; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will allow a future lot split resulting in a four-unit dwelling on each lot with reduced parking while removing non-conformities on the property that would preclude financing options and expansion of the buildings; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Zoning Clearance for the proposed lot split; 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 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 owners of the property located at 370 & 376 WOODLAND AVE. (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 is hereby granted from the provisions of Sections 3332.035, R-3, residential district; and 3312.49(C), Required parking, of the Columbus City Codes; for the property located at 370 & 376 WOODLAND AVE. (43201), insofar as said sections prohibit a four-unit dwelling on each lot in the R-3, Residential District, with a parking reduction from six required to four provided spaces on each lot; said property being more particularly described as follows:
370 & 376 WOODLAND AVE. (43201), being 0.40± acres located on the feast side of Woodland Avenue, 40± north of Harvard Avenue, and being more particularly described as follows:
Parcel I
Situated in the State of Ohio, County Of Franklin, City of Columbus, Being in Section 15, Township 5 North, Range 22 West, Refugee Lands, and being part of Lot 6, set off to Maragret J. Nelson in partition proceedings in the Court of Common Pleas of Franklin County, Ohio, in the case of John J. Nelson, et al, vs Charles Eldridge, et al, as in complete record 28, page 454, and being part of Property 2 (0.404 acres) conveyed to Fisk Properties, LLC., as shown in instrument number 202511060126917 in the Franklin County Recorder’s Office (all references herein refer to the records of said Recorder’s Office), more particularly bounded and described as follows:
BEGINNING at a 1/2” iron pin found at the northwesterly corner of said Property 2, also being the southwesterly corner of said Lot 1 conveyed to Lorraine Anderson by deed of record in instrument number 202303290029872, and in the easterly right-of-way line of Woodland Avenue (60’ wide, P.B. 3, page 399);
Thence South 86°09'35" East, along the line common to said Property 2 and said Lot 1, 160.00 feet to a rebar set at the northeasterly corner of said Property 2, also being the southeasterly corner of said Lot 1 and in the westerly right-of-way line of Centab Drive (an alley 20 feet wide, P.B. 7, page 353);
Thence South 03°38’05” West, along the line common to said Property 2 and said westerly right-of-way line of Centab Drive, 55.00 feet to a rebar set in said common line;
Thence North 86°09'35" West, across said Property 2, 160.00 feet to a rebar set in the west line of said Property 2 and in the aforesaid easterly right-of-way line of Woodland Avenue;
Thence North 03°38'05" East, along the line common to said Property 2 and said easterly right-of-way line of Woodland Avenue, 55.00 feet to the point OF beginning and containing 0.202 acres more or less, and being subject to all easements, restrictions and rights-of-way of record.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (2011) Epoch 2010.00 said bearings originated from a field traverse which was referenced to said Coordinate System by GPS observations and observations of selected stations in the Ohio Department of Transportation Real-Time-Network. The portion of the easterly right-of-way line of Woodland Avenue, having a bearing of North 03°38'05" East and monumented as shown hereon, is designated the “basis of bearing” for this description.
All rebar set are 5/8 inch DIA. 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 March of 2026.
Address: 376 Woodland Avenue, Columbus, OH 43201.
Parcel number: 010-028178
Parcel II
Situated in the State of Ohio, County Of Franklin, City of Columbus, Being in Section 15, Township 5 North, Range 22 West, Refugee Lands, and being part of Lot 6, set off to Maragret J. Nelson in partition proceedings in the Court of Common Pleas of Franklin County, Ohio, in the case of John J. Nelson, et al, vs Charles Eldridge, et al, as in complete record 28, page 454, and being part of Property 2 (0.404 acres) conveyed to Fisk Properties, LLC., as shown in instrument number 202511060126917 in the Franklin County Recorder’s Office (all references herein refer to the records of said Recorder’s Office), more particularly bounded and described as follows:
COMMENCING at a 1/2” iron pin found at the northwesterly corner of said Property 2, also being the southwesterly corner of said Lot 1 and in the easterly right-of-way line of Woodland Avenue (60’ wide, P.B. 3, page 399);
Thence South 03°38’05” West, along the line common to said Property 2 and said easterly right-of-way line of Woodland Avenue, 55.00 feet to a rebar set in said common line at the POINT OF BEGINNING;
Thence South 86°09'35" East, across said Property 2, 160.00 feet to a rebar set in the line common to said Parcel 2 and the westerly right-of-way line of Centab Drive (an alley 20 feet wide, P.B. 7, page 353);
Thence South 03°38’05” West, along said common line, 55.00 feet to a rebar set at the southeast corner of said Parcel 2, the northeast corner of Parcel 1 (0.147 acres) conveyed to Fisk Properties, LLC., as shown in instrument number 202303290029872 and in the said westerly right-of-way line of Centab Drive and a 1” iron pin found 0.17’ north and 0.86’ west of said corner;
Thence North 86°09'35" West, along the line common to said Property 2 and said Property 1, 160.00 feet to a rebar set at the southwesterly corner of said Property 2, the northwest corner of said Property 1 and in the aforesaid easterly right-of-way line of Woodland Avenue;
Thence North 03°38'05" East, along the line common to said Property 2 and said easterly right-of-way line of Woodland Avenue, 55.00 feet to the point OF beginning and containing 0.202 acres more or less, and being subject to all easements, restrictions and rights-of-way of record.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (2011) Epoch 2010.00 said bearings originated from a field traverse which was referenced to said Coordinate System by GPS observations and observations of selected stations in the Ohio Department of Transportation Real-Time-Network. The portion of the easterly right-of-way line of Woodland Avenue, having a bearing of North 03°38'05" East and monumented as shown hereon, is designated the “basis of bearing” for this description.
All rebar set are 5/8 inch DIA. 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 March of 2026.
Known Address: 370 Woodland Avenue, Columbus, OH 43201.
Parcel number: 010-028178
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a four-unit dwelling on each proposed lot, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan drawing titled, "01 SITE PLAN," dated September 9, 2026, and signed by David Perry, Agent for the Applicant and Donald Plank, Attorney for the Applicant. The plan 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 adjustment to the plan 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 Certificates of Zoning Clearance for the proposed lot split.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.