Explanation
Council Variance Application: CV24-097
APPLICANT: Abbasi Farms, Ltd. c/o Thomas L. Hart, Atty.; 5029 Cemetery Road; Hilliard, OH 43026.
PROPOSED USE: Mixed use development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning Ordinance #2034-2025 (Z24-038) to the L-AR-1, Limited Apartment Residential District and CPD, Commercial Planned Development District. The requested variances will allow modified development standards for lot width, lot area, side yards, building lines, required parking, fronting, garage height, and townhouse building units for each of the five proposed residential subareas. The requested variances are supportable as they will allow development that fronts the Heritage Trail, creates interconnectivity between subareas, activates open space, provides screening of parking and placement of parking lots behind buildings, and provides open space adjacent to the Heritage Trail. Furthermore, the commitments with Rezoning Application #Z24-038 include development standards addressing building design, site design, and open space that are all consistent with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018).
Title
To grant a Variance from the provisions of Sections 3333.02(5), AR-12, ARLD and AR-1 apartment residential district use; 3312.49, Required parking; 3332.05(A)(4), Area district lot width requirements; 3332.15, R-4 area district requirements; 3332.18, Basis of computing area; 3332.19, Fronting; 3332.21, Building lines; 3332.25, Maximum side yards required; 3332.26(C)(2), Minimum side yard permitted; 3332.27, Rear yard; 3332.38(G), Private garage; 3333.18, Building lines; 3333.35, Private garage; and 3333.41(h), Standards, of the Columbus City Codes; for the property located at 7642 HAYDEN RUN RD. (43026), to allow reduced development standards for a mixed-residential development in the L-AR-1, Limited Apartment Residential District (Council Variance #CV24-097).
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WHEREAS, by application #CV24-097, the owner of property at 7642 HAYDEN RUN RD. (43026), is requesting a Council variance to allow reduced development standards for a mixed-residential development in the L-AR-1, Limited Apartment Residential District; and
The following variances apply to all lots within Subarea A (L-AR-1, Limited Apartment Residential District):
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet, while the applicant proposes to maintain minimum lot widths of 40 feet at the required building line for all lots within Subarea A; and
WHEREAS, Section 3332.25, Maximum side yards required, requires that the sum of the widths of the side yards equal or exceed 20 percent of the width of the lot, while the applicant proposes a reduced maximum side yard of four feet for those lots within Subarea A that are greater than 40 feet in width; and
WHEREAS, Section 3332.26(C)(2), Minimum side yard permitted, requires minimum side yards of five feet for lots wider than 40 feet, while the applicant proposes minimum side yards of four feet; and
WHEREAS, Section 3332.38(G), Private garage, restricts the height of a private detached garage to 15 feet, while the applicant proposes to increase the allowable height to 20 feet; and
The following variances apply to Lots 67 through 115 within Subarea A (L-AR-1, Limited Apartment Residential District):
WHEREAS, Section 3312.49, Required Parking, requires two parking spaces per dwelling unit, while, for lots with two dwelling units, the applicant proposes to maintain one parking space per dwelling unit; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires a single-unit dwelling or other principal building to be situated on a lot of no less than 5,000 square feet in area, while the applicant proposes to maintain two single-unit dwellings on lots of not less than 5,000 square feet, or a minimum of 2,500 square feet per dwelling unit; and
WHEREAS, Section 3332.18(D), Basis of computing area, prohibits buildings from occupying more than 50 percent of the lot area, while the applicant proposes to maintain an increased lot coverage of 80 percent when two units are provided on a single lot; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling unit to have frontage on a public street, while the applicant proposes that carriage house dwellings may not have frontage on a public street; and
WHEREAS, Section 3332.21, Building lines, requires a minimum building setback line of 25 feet, while the applicant proposes reduced building setback lines of 10 feet when a second dwelling unit is provided and oriented toward the Heritage Trail, and 20 feet when a garage fronts the public street; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area for each dwelling, while the applicant proposes no rear yard when a second dwelling unit is provided; and
The following variances apply to Subareas B1 and B2 (L-AR-12, Limited Apartment Residential District):
WHEREAS, Section 3333.02(5), AR-12, ARLD and AR-1 apartment residential district use, restricts the maximum allowable number of townhouse units in a row to eight, while the applicant proposes an increased maximum number of townhouse units in a row to 12; and
WHEREAS, Section 3333.41(h), Standards, requires that each lot in a townhouse development front on a dedicated public street, while the applicant proposes all lots front upon private streets; and
The following variances apply to Subareas B1, B2, C1 and C2 (L-AR-1, Limited Apartment Residential District):
WHEREAS, Section 3333.18, Building lines, requires minimum setback lines of 40 feet along James Boulevard and 60 feet along Hayden Run Road, in accordance with the Columbus Multimodal Thoroughfare Plan (2019), while the applicant proposes reduced building setback lines of 30 feet along both James Boulevard and Hayden Run Road, in accordance with the submitted site plan included with Rezoning Application #Z24-038; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of a private detached garage to 15 feet, while the applicant proposes to increase the allowable height to 20 feet; and
WHEREAS, the City Departments recommend approval because the requested variances will allow development that fronts the Heritage Trail, creates interconnectivity between subareas, activates open space, provides screening of parking and placement of parking lots behind commercial buildings, and provides open space adjacent to the Heritage Trail, all consistent with C2P2 Design Guidelines; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 7642 HAYDEN RUN RD. (43026), 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 3333.02(5), AR-12, ARLD and AR-1 apartment residential district use; 3312.49, Required Parking; 3332.05(A)(4), Area district lot width requirements; 3332.15, R-4 area district requirements; 3332.18, Basis of computing area; 3332.19, Fronting; 3332.21, Building lines; 3332.25, Maximum side yards required; 3332.26(C)(2), Minimum side yard permitted; 3332.27, Rear yard; 3332.38(G), Private garage; 3333.18, Building lines; 3333.35, Private garage; and 3333.41(h), Standards, of the Columbus City Codes, is hereby granted for the property located at 7642 HAYDEN RUN RD. (43026), to:
i. allow up to 12 townhouse building units in row in Subareas B1 and B2;
ii. allow reduced lot widths of 40 feet at the required building line for all lots in Subarea A;
iii. allow reduced maximum side yards of four feet for those lots in Subarea A that are greater than 40 feet in width;
iv. allow reduced minimum side yards of four feet for all lots in Subarea A;
v. allow reduced parking to one space per dwelling unit when two dwelling units are provided on lots 67 through 115 within Subarea A;
vi. allow reduced minimum lot area for a single-unit dwelling from 5,000 square feet to 2,500 square feet per dwelling unit when two units are provided on lots 67 through 115 within Subarea A;
vii. allow increased maximum lot coverage of 80 percent when two units are provided on lots 67 through 115 within Subarea A;
viii. allow dwelling units that do not front on a public street when two units are provided on lots 67 through 115 within Subarea A;
ix. allow reduced building setback lines of 10 feet when a second dwelling unit is provided and oriented toward the Heritage Trail, and 20 feet when a garage fronts the public street on lots 67 through 115 within Subarea A;
x. allow reduced rear yards from 25 percent to zero percent when a second dwelling unit is provided on lots 67 through 115 within Subarea A;
xi. allow townhouse units to front on private streets in Subareas B1 and B2;
xii. allow reduced minimum building setbacks of 30 feet along both James Boulevard and Hayden Run Road in Subareas B1, B2, C1, and C2;
xiii. allow increased height of detached garages of 20 feet in all residential subareas;
Said property being more particularly described as follows:
7642 HAYDEN RUN RD. (43026), being 104.85± acres located on the north side of Hayden Run Road, southwest of the Heritage Trail, 4,000± feet west of Cosgray Road, and being more particularly described as follows:
(SEE ATTACHMENT FILE “ORD# 2035-2025_LEGAL DESCRIPTIONS”)
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for mixed-residential development as required by the L-AR-1, Limited Apartment Residential District, subject to Ordinance #2034-2025, Rezoning Application #Z24-038.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.