Explanation
Council Variance Application: CV25-063
APPLICANT: CAG Riverside Flats Acquisitions LLC., c/o Jeffrey L. Brown, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Apartment building.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #3268-2025; Z25-032) to the L-AR-3, Limited Apartment Residential District for a 275-unit apartment building with structured parking. The requested Council variance will allow commercial vehicular access to the property directly east of the subject site. Additionally, variances to parking space size, required parking, building setback, lot coverage, and rear yard are also included in this request. Staff finds the requested variances to be supportable as the proposed apartment development could benefit surrounding businesses with potential future employees and customers, and the existing commercial access to the neighboring office building to the east will be maintained. Additionally, the proposal includes bicycle parking, and is located along a walkable, high-intensity corridor proposed for a LinkUS route.
Title
To grant a Variance from the provisions of Sections 3312.29, Parking space; 3312.49(C), Required parking; 3333.03, AR-3 apartment residential district use; 3333.15(C), Basis of computing area; 3333.18, Building lines; and 3333.24, Rear yard, of the Columbus City Codes; for the property located at 3654 OLENTANGY RIVER RD. (43214), to allow commercial vehicular access in the L-AR-3, Limited Apartment Residential District, and reduced development standards for an apartment building (Council Variance #CV25-063).
Body
WHEREAS, by application # CV25-063, the owner of property at 3654 OLENTANGY RIVER RD. (43214), is requesting a Council variance to allow commercial vehicular access in the L-AR-3, Limited Apartment Residential District, and reduced development standards for an apartment building; and
WHEREAS, Section 3333.03, AR-3 apartment residential district use, prohibits vehicular access for commercial uses from being located on residentially zoned property, while the applicant proposes to maintain existing commercial vehicular access to the property directly east of the site; and
WHEREAS, Section 3312.29, Parking space, requires that a parking space shall be a rectangular area of not less than nine feet by 18 feet, while the applicant proposes a reduced rectangular area of eight feet by 16 feet to accommodate EV equipment within 72 parking spaces; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit for a total of 413 parking spaces for 275 units, while the applicant proposes a reduced total of 325 parking spaces; and
WHEREAS, Section 3333.15(C), Basis of computing area, limits buildings from occupying more than 50 percent of the lot area, while the applicant proposes to increase the lot coverage to 60 percent; and
WHEREAS, Section 3333.18, Building lines, requires a minimum setback line of 80 feet along Olentangy River Road, in accordance with the Columbus Multimodal Thoroughfare Plan (2019), while the applicant proposes no building setback line along Olentangy River Road, in accordance with the submitted site plan included with Rezoning Application #Z25-032; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard of 25 percent of lot area per building, while the applicant proposes a reduced rear yard of three percent; and
WHEREAS, the City Departments recommend approval of the requested variances because they will not add an incompatible use to the area. Additionally, the proposed apartment development could benefit surrounding businesses with potential future employees and customers, and the existing commercial access to the neighboring office building to the east will be maintained; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed apartment building; and
WHEREAS, said variance will not seriously 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 3654 OLENTANGY RIVER RD., 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 3312.29, Parking space; 3312.49(C), Required parking; 3333.03, AR-3 apartment residential district use; 3333.15(C), Basis of computing area; 3333.18, Building lines; and 3333.24, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 3654 OLENTANGY RIVER RD. (43214), insofar as said sections prohibit commercial vehicular access in the L-AR-3, Limited Apartment Residential District, and reduced standards for an apartment building for reduced parking space size from nine feet by 18 feet to eight feet by 16 feet for 72 EV spaces; reduced required parking from 413 to 325 spaces; increased lot coverage from 50 to 60 percent; reduced building setback line from 80 to zero feet along Olentangy River Road; and reduced rear yard from 25 to three percent; said property being more particularly described as follows:
3654 OLENTANGY RIVER RD. (43214), being 3.50± acres located on the east side of Olentangy River Road, 150± feet north of Colonial Parkway, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 2, Township 1, Range 18, United States Military District, being 3.5± acres out of an Original 3.906 acre tract of land conveyed to Spectrum Acquisition Columbus LLC of record in Instrument Number 201710310152840 and more particularly described as follows:
Beginning at the southeasterly corner of said Original 3.906 acre tract, a southwesterly corner of an Original 5.268 acre tract of land described as Parcel 1 and conveyed to HTA-Olentangy MOB, LLC of record in Instrument Number 201911140151759, being the northwesterly corner of Lot 3 as numbered and delineated upon the plat “Riverview Professional Village” of record in Plat Book 39, Page 48 and the northeasterly corner of Lot 2 as numbered and delineated upon said plat;
Thence N 87° 09’ 44” W, along the southerly line of said Original 3.906 acre tract, along the northerly line of said Lot 2 and the northerly line of Lot 1 as numbered and delineated upon said plat, 316.33± feet to the southwesterly corner of said Original 3.906 acre tract, the northwesterly corner of said Lot 1, the southeasterly corner of a 0.437 acre tract of land conveyed to the City of Columbus, Ohio of record in Instrument Number 201909200122948 and being in the easterly right-of-way line of Olentangy River Road (R/W-Varies);
Thence N 11° 14’ 22” W, along the current westerly line of said Original 3.906 acre tract, along the easterly line of said 0.437 acre tract and along said easterly right-of-way line, 423.40± feet to a northwesterly corner of said Original 3.906 acre tract, in the southerly line of a 8.648 acre tract of land conveyed to Whetstone OM Propco LLC of record in Instrument Number 202206090086414;
Thence S 87° 10’ 49” E, along said common line, 419.30± feet to the northeasterly corner of said Original 3.906 acre tract and a northwesterly corner of said Original 5.268 acre tract;
Thence S 02° 50’ 10” W, along said common line, 410.81± feet to the Point of Beginning.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses allowed in the L-AR-3, Limited Apartment Residential District, as allowed by Ordinance #3268-2025; Z25-032.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed apartment building.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.