Explanation
Council Variance Application: CV24-157
APPLICANT: Effler Commercial, LLC, c/o Erwin Effler III, Agent; 1391 West 5th Avenue, #250; Columbus, OH 43212.
PROPOSED USE: Multi-unit residential development.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #0538-2025; Z24-069) to the AR-3, Apartment Residential District. This requested Council variance proposes an apartment building with a total of 265 units. Variances to reduce required parking, required number of EV installed and EV capable spaces, vision clearance, landscaping, lot coverage, building setback, and rear yard are included with this request. Staff finds the requested variances supportable as they will allow for a 265-unit apartment building that incorporates design elements that are consistent with the Fifth by Northwest Neighborhood Plan (2009) and Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018), as demonstrated on the submitted site plan and building elevations.
Title
To grant a Variance from the provisions of Sections 3312.49(C), Required parking; 3312.57, EV parking minimum requirements effective January 1, 2024; 3321.07(B), Landscaping; 3333.15, Basis of computing area; 3333.18, Building lines; and 3333.24, Rear yard, of the Columbus City Codes; for the property located at 1501 GERRARD AVE. (43212), to allow an apartment building with reduced development standards in the AR-3, Apartment Residential District (Council Variance #CV24-157).
Body
WHEREAS, by application #CV24-157, the owner of property at 1501 GERRARD AVE. (43212), is requesting a Council variance to allow an apartment building with reduced development standards in the AR-3, Apartment Residential District; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit for a total of 398 parking spaces for 265 units, while the applicant proposes a reduced total of 274 parking spaces; and
WHEREAS, Section 3312.57, EV parking minimum requirements effective January 1, 2024, requires 80 EV capable parking spaces and eight EV installed parking spaces, while the applicant proposes zero EV capable parking spaces and two EV installed parking spaces, respectively; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires a clear vision triangle of 30 feet at street intersections, while the applicant proposes a reduced clear vision triangle of eight feet at the southwest corner of Western Avenue and Gerrard Avenue; and
WHEREAS, Section 3321.07(B), Landscaping, requires one tree per ten residential units, a requirement of 27 trees for 265 apartment units, while the applicant proposes 15 trees; and
WHEREAS, Section 3333.15, Basis of computing area, limits buildings from occupying more than 50 percent of the lot area, while the applicant proposes an increased lot coverage of 74 percent; and
WHEREAS, Section 3333.18, Building lines, requires a minimum building setback of 25 feet along Gerrard Avenue, while the applicant proposes a reduced building setback of 1.5 feet along Gerrard Avenue; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a reduced rear yard of three percent; and
WHEREAS, the City Departments recommend approval because the variances will allow an apartment building with design elements that are consistent with both the Plan and C2P2 Design Guidelines; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed development; 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 variances will alleviate the difficulties encountered by the owners of the property located at 1501 GERRARD AVE. (43212), 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 3312.49(C), Required parking; 3312.57, EV parking minimum requirements effective January 1, 2024; 3321.07(B), Landscaping; 3333.15, 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 1501 GERRARD AVE. (43212), insofar as said sections prohibit a reduced number of parking spaces from 398 to 274 spaces; reduced number of EV capable parking spaces from 80 to zero, and a reduced number of EV installed parking spaces from eight to two spaces; reduced clear vision from 30 to eight feet at the southwestern corner of Western Avenue and Gerrard Avenue; reduced dwelling unit trees from 27 to 15 trees; increased lot coverage from 50 percent to 74 percent; reduced building setback from 25 to 1.5 feet along Gerrard Avenue; and reduced rear yard from 25 to 3 percent; said property being more particularly described as follows:
1501 GERRARD AVE. (43212), being 2.35± acres located at the southwest corner of Gerrard Avenue and Western Avenue, and being more particularly described as follows:
situated in the County of Franklin, in the state of Ohio and in the City of Columbus being lot eighteen (18) of David M. Elliotts subdivision of 3 acres, parts of lots 12,13,14, and 15, infirmary farm, Clinton Township, as the same is numbered and delineated upon the recorded plat thereof, of record in plat book no. 5, page 224, Recorder’s office, Franklin County, Ohio. Together with an easement in fifteen (15) feet off the south ends of lots 14,15,16 and 17 of addition for use as a private alley for ingress and egress for the present and all successive owners of said lot 18. prior deed reference 0r #200611240235552 permanent parcel number 010-061955-00.
Situated in the State of Ohio, County of Franklin, City of Columbus and bounded and described as follows:
Being Lot Number Eight (8), and Nine (9) of David M. Elliott's Subdivision of three (3) acres, being parts of Lots 12, 13, 14 and 15 in Infirmary Farm, Clinton Township, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 224, Recorder's Office, Franklin County, Ohio.
Situated in the State of OH, County of Franklin and in the City of Columbus.
Being Lot Number Ten (10) of DAVID M. ELLIOTT'S SUBDIVISION of three (3) acres, being parts of Lots 12, 13, 14 and 15 in Infirmary Farm, Clinton Township, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 224, Recorder's Office, Franklin County, OH.
Situated in the City of Columbus, County of Franklin, State of Ohio, and is described as follows:
Being Lots Numbers Fourteen (14), Fifteen (15), Sixteen (16) and Seventeen (17), of DAVID M. ELLIOTT'S SUBDIVISION OF THREE (3) ACRES, parts of Lots Numbers Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15), Infirmary Farm, Clinton Township, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 224, Recorder's Office, Franklin County, Ohio.
Subject to an easement in fifteen (15) feet off the south end thereof for use as a private alley for ingress and egress for the present and all successive owners of Lot Number Eighteen (18) of said addition.
Situated in the State of OH, County of Franklin and in the City of Columbus.
Being Lot Number Eleven (11), Twelve (12), and Thirteen (13) of DAVID M. ELLIOTT’S SUBDIVISION of three (3) acres, being parts of Lots 12, 13, 14, and 15 in Infirmary Farm, Clinton Township, as the same is number and delineated upon the recorded plat thereof, of record in Plat Book 5, page 224, Recorder's Office, Franklin County, OH.
Situated in the State of OH, County of Franklin and in the City of Columbus.
Being part of Quarter Township No. 3, Township No. 1, Range 18, U.S. Military Lands, and being sixty feet off the north side of part of Lots 13 and 14 of the Franklin County Infirmary Farm Lots, bounded and described, viz: Beginning at an iron pin in the east line of Josephine Phipp's six acres, and 399.94 feet southward from the centerline of King Avenue produced; thence South 87 degrees 15' East 326.75 feet to the centerline of a 50 foot road; thence with said road South 3 degrees 30' West 133.31 feet to a stake; thence North 87 degrees 15' West 326.75 feet to a stake thence North 3 degrees 30' East 133.31 feet to beginning, containing one acre, more or less.
EXCEPTING THEREFROM the following parcel heretofore conveyed to Andrew Pereny by deed recorded in D.B. 2094, Page 147 and further described as follows:
Beginning at the northwest corner of the above described tract; thence South 87 degrees 23' East 166.30 feet to a point; thence South 3 degrees 30' West 60 Feet; thence North 87 degrees 23' West 166.09 feet; thence North 3 degrees 18' East 59.99 feet to the place of beginning, containing 0.229 acre, more or less, Recorder's Office, Franklin County, Ohio.
Permanent parcel number 010-061974-00 situated in the County of Franklin, State of Ohio, and in the City of Columbus, and bounded and described as follows being a part of quarter township no. 3, township no. 1, range 18, U.S.M. lands, and now a part of Columbus, Ohio, and being parts of lots numbers thirteen (13) and fourteen (14) of the Franklin County infirmary farms lots, as the same are numbered and delineated upon the recorded plat thereof, of record in plat book 3, page 4, Recorder’s office, Franklin County, Ohio, bounded and described as follows beginning at a stake in the east line of Josephine Phipps six acre tract said stake being 459.94 feet southward from the center line of king avenue thence s. 87 15 east 327.3 feet to the center line of Gerrard Avenue passing a stake at 302.3 feet thence with the center line of Gerrard Avenue s. 3 30 west 102.13 feet to a point, thence on a line parallel to sixth avenue and 150 feet north of the north line thereof n. 87 15 west 327.3 feet to a stake passing a stake at 25 feet thence on a line parallel to Gerrard Avenue n. 3 30 east 97.9 feet to the place of beginning. And also being a part of lots numbers thirteen (13) and fourteen (14) of the Franklin County infirmary farm lots, as the said lots are numbered and delineated on the recorded plat thereof, of record in plat book 3, page 4, Recorder’s office, Franklin County, Ohio, and being also the westerly portion of a 0.42 acre tract of land deed to Charles Edward Fleming and Ruth Fleming by deed of record in deed book 743, page 599, dated April 25, 1923, Recorder’s office, Franklin County, Ohio, and bounded and described as follows being at an iron pin at the northwest corner of said 0.42 acre tract and the southwest corner of the lot number eighteen (18) of David M. Elliotts subdivision (plat book 5, page 224, Recorder’s office, Franklin County, Ohio) thence s 87 23 e. along the north line of said 0.42 acre tract and the south line of said subdivision a distance of 166.30 feet to an iron pin in the east line of a 16 foot alley thence s. 3 30 w. along the east line projected of said alley and parallel with the center line of Gerrard Avenue a distance of 60.00 feet to an iron pin in the south line of said 0.42 acre tract thence n. 87 23 w. along the south line of said 0.42 acre tract and parallel with the north line of said 0.42 acre tract a distance of 166.09 feet to a point in the west line of said 0.42 acre tract thence n. 3 18 e. along the west line of said 0.42 acre tract a distance of 59.99 feet to the place of beginning.
Parcel No.: 010-061974 and seven others
Property Address: 1501 Gerrard Ave., Columbus, Ohio 43212
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 permitted in the AR-3, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "PROPOSED SITE PLAN," dated February 18, 2025, and building elevations titled “PROPOSED ELEVATIONS SHEETS 1 & 2,” dated February 20, 2025, and signed by Erwin Effler III, Agent for the Applicant. The plans 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 plans 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 on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed development.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.