Explanation
Council Variance Application: CV26-002
APPLICANT: Unverferth House, Inc., c/o David Perry, Agent; David Perry Company; 411 East Town Street, 1st Floor, and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Apartment building.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
UNIVERSITY IMPACT DISTRICT REVIEW BOARD RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with an eight-unit apartment house in the R-4, Residential District and is subject to the University District Zoning Overlay (UDZO). The requested Council variance will allow redevelopment of the site with a 20-unit apartment building. A Council variance is required because the R-4 District allows a maximum of four units per dwelling. The request includes variances to required parking, vision clearance, residential development and design guidelines, lot coverage, building lines, floor area ratio, landscaped area and treatment, and side and rear yards. The proposed apartment building is consistent with similar apartment development projects in the University area, and meets the Columbus Growth Strategy’s (2026) recommendation for “Mixed Use 1” land uses at this location. Staff also notes that the project aligns with the City’s goal of creating more housing in all areas of the city.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4 Residential District; 3312.49(C), Required parking; 3321.05(B)(1)(2), Vision clearance; 3325.703(A)(E), Development and Design Guidelines Residential Zoning Districts; 3325.801, Maximum Lot Coverage; 3325.803(A), Building Lines; 3325.805, Maximum Floor Area Ratio (FAR); 3325.809, Landscaped Area and Treatment; 3332.25(A)(2), Required side yards; 3332.25(B), Required side yards; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 190 KING AVE. (43201), to allow an apartment building with reduced development standards in the R-4, Residential District (Council Variance #CV26-002).
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WHEREAS, by application #CV26-002, the owner of the property at 190 KING AVE. (43201), is requesting a Variance to allow an apartment building with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential District, allows a maximum of four units in one building, while the applicant proposes to build a 20-unit apartment building; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit for a total of 30 parking spaces for 20 dwelling units, while the applicant proposes zero parking spaces; and
WHEREAS, Section 3321.05(B)(1), Vision clearance, requires clear vision triangles of ten feet at the intersection of a street and alley, while the applicant proposes to reduce the clear vision triangle at the intersection of Highland Street and the unnamed alley on the northern side of Lot 01 to nine feet; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires a 30-foot clear vision triangle at the intersection of two streets, while the applicant proposes a reduced vision clearance triangle of four feet at the northwest corner of King Avenue and Highland Street; and
WHEREAS, Section 3325.703(A), Development and Design Guidelines Residential Zoning Districts, requires that a building’s length be no more than 2.5 times the building’s overall width, while the applicant proposes a building length that is 3.1 times the building’s width; and
WHEREAS, Section 3325.703(E), Development and Design Guidelines Residential Zoning Districts, requires that no portion of a front porch may extend into the front setback more than eight feet, while the applicant proposes a front patio that extends 16 feet into the front setback; and
WHEREAS, Section 3325.801, Maximum Lot Coverage, requires that a building including any rear or side porch or roofed stairs shall cover no more than 25 percent of the lot area, while the applicant proposes an increased lot coverage of 65 percent; and
WHEREAS, Section 3325.803(A), Building Lines, requires the minimum distance from any building to the street-right-of-line where a building is to be erected or extended on the subject lot and there are other buildings within the block, to be established by averaging the setbacks of the nearest building on each side of the subject lot, or 27 feet for King Avenue and 12 feet for Highland Street, while the applicant proposes reduced building setbacks of 18 feet along King Avenue and four feet along Highland Street; and
WHEREAS, Section 3325.805, Maximum Floor Area Ratio (FAR), requires that the maximum total calculated floor area permitted on any lot shall be no greater than that determined by a 0.40 FAR, while the applicant proposes an increased FAR of 1.8; and
WHEREAS, Section 3325.809, Landscaped Area and Treatment, requires at least 10 percent of the lot area be planted and maintained with grass and/or other live vegetation and be located behind the most rear portion of the principal residential building, while the applicant proposes a reduced landscaped area of zero percent; and
WHEREAS, 3332.25(A)(2), Required side yards, requires a minimum side yard of five feet, while the applicant proposes a reduced east side yard of four feet; and
WHEREAS, 3332.25(B), Required side yards, requires that the sum of the widths of the side yards equal or exceed 20 percent of the width of the lot, or ten feet for a lot width of 50 feet, while the applicant proposes a reduced maximum side yard of nine feet; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the lot area for each dwelling, while the applicant proposes a reduced rear yard of approximately three percent; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the University Impact District Review Board recommends approval; and
WHEREAS, City Departments recommend approval because the proposal is consistent with similar urban infill projects, and the Columbus Growth Strategy’s recommended land use and aligns with the City’s goal of creating more housing in all areas of the city; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed apartment building; 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 190 KING 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 3332.039, R-4 Residential District; 3312.49(C), Required parking; 3321.05(B)(1)(2), Vision clearance; 3325.703(A)(E), Development and Design Guidelines Residential Zoning Districts; 3325.801, Maximum Lot Coverage; 3325.803(A), Building Lines; 3325.805, Maximum Floor Area Ratio (FAR); 3325.809, Landscaped Area and Treatment; 3332.25(A)(2), Required side yards; 3332.25(B), Required side yards; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 190 KING AVE. (43201), insofar as said sections prohibit a 20-unit apartment building in the R-4, Residential District, with a reduction in the required parking spaces from 30 to zero spaces; reduced clear vision triangles at the intersection of Highland Street and the unnamed alley on the northern side of Lot 01 from ten feet to nine feet, and the northwest corner of the intersection of King Avenue and Highland Street from 30 feet to four feet; a building length 3.1 times the building width; a front patio that extends 16 feet into the front setback; an increased maximum lot coverage from 25 percent to 65 percent; reduced building setback lines from 27 feet to 18 feet along King Avenue, and from 12 feet to four feet along Highland Street; increased maximum floor area ratio (FAR) from 0.40 to 1.8; reduced landscaped lot area behind the most rear portion of the principal building from 10 percent to zero percent; a reduced total side yard from ten feet to nine feet; reduced east side yard from five feet to four feet along the east property line; and a reduction in the required rear yard from 25 percent of the lot area to three percent; said property being more particularly described as follows:
190 KING AVE. (43201), being 0.17± acres located at the northwest corner of King Avenue and Highland Street, and being more particularly described as follows:
Situated in the County of Franklin in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being Lot Number One (1) of Elizabeth McMillen’s Second Subdivision in said city as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 334, Recorder’s Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 20-unit apartment building, in accordance with the submitted site plan, or those uses allowed in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "ZONING SITE PLAN," dated May 6, 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 adjustments to the plan shall be subject to review and approval by the Director of the Department 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 a Certificate of Occupancy for the proposed apartment building.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.