Explanation
Council Variance Application: CV24-142
APPLICANT: Preferred Living; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 120; New Albany, OH 43054.
PROPOSED USE: Multi-unit residential development.
FAR SOUTH COLUMBUS 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 #0988-2025; Z24-060) to the AR-1, Apartment Residential District. The requested Council variance proposes a 35-unit apartment complex with variances to reduce building setback lines and perimeter yard, and also includes commitments to develop the site in accordance with the submitted site plans and building elevations. Staff is supportive of the requested building setback variance as it permits the buildings to be placed closer to Lockbourne Road, opposite Marion Franklin Park and Faber Avenue, consistent with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). Staff is similarly supportive of the requested perimeter yard variance, as the site plans commit to preserving existing trees in the northeast corner of the property as well as the inclusion of tree islands between the paved garage accesses of the dwelling units.
Title
To grant a Variance from the provisions of Sections 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 2700 LOCKBOURNE RD. (43207), to allow reduced development standards for an apartment complex in the AR-1, Apartment Residential District (Council Variance #CV24-142).
Body
WHEREAS, by application #CV24-142, the owner of property at 2700 LOCKBOURNE RD. (43207), is requesting a Council variance to allow reduced development standards for an apartment complex in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.18, Building lines, requires minimum building setback lines of 50 feet from Lockbourne Road, and 25 feet from Faber Avenue, and does not allow utility enclosures or water meter vaults within the building setback, while the applicant proposes a reduced building setback of zero feet along Lockbourne Road, and of five feet along Faber Avenue, and to allow utility buildings within the required building setback area; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard of 10 feet along the northern property line, and of three feet along the eastern property line, as depicted on the site plan; and
WHEREAS, the Far South Columbus Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval as the variances allow a site design for buildings to front Lockbourne Road and Faber Avenue, with a centralized open space area that includes tree preservation and tree islands, consistent with Columbus Citywide Planning Policies (2018) Design Guidelines; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates 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 variance will alleviate the difficulties encountered by the owners of the property located at 2700 LOCKBOURNE RD. (43207), 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 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 2700 LOCKBOURNE RD. (43207), insofar as said sections prohibit a reduced building setback line from 50 feet to zero feet along Lockbourne Road, and from 25 feet to five feet along Faber Avenue, with utility enclosures and water meter vaults within the building setback area; and a reduced perimeter yard from 25 feet to 10 feet along the northern property line, and to three feet along the eastern property line; said property being more particularly described as follows:
2700 LOCKBOURNE RD. (43207), being 1.46± acres located on the northeast corner of Lockbourne Road and Faber Avenue, and being more particularly described as follows:
LEGAL DESCRIPTION
Situated in the State of Ohio, County of Franklin, and in the City of Columbus
Beginning at an iron pipe 40 feet east of the centerline of Lockbourne Road and North 0 degrees 13" E. 1414.87 feet from the centerline of Watkins Road; thence N. 0 degrees 13' E. (parallel to and 40 feet east of the centerline of Lockbourne Road) 238.3 feet to an iron pipe; thence S. 89 degrees 34' E. 269.2 feet to an iron pipe; thence S. 0 degrees 13' W. 238.3 feet to an iron pipe; thence along the North line of Faber Avenue, as the same is shown of record in Plat Book 22, page 61, Recorder's Office, Franklin County, Ohio N. 89 degrees 34' W. 269.2 feet to the place of beginning, containing 1.471 acres, more or less.
EXCEPTING THEREFROM:
Situated in the City of Columbus, County of Franklin, State of Ohio and being a part of the Southwest Quarter of Section 2, Township 4, Range 22, Congress Lands, and being part of a 1.471 acre parcel owned by Ernest L. Walker as referenced in Official Record 30980, page D-01, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Being a parcel of land lying on the right side of the proposed centerline of construction of Lockbourne Road as shown in plans for Lockbourne Road, C.I.P. 937, and being located within the following described points in the boundary thereof:
Commencing for reference at a point where the proposed centerline of construction of Lockbourne Road intersects the proposed centerline of construction of Faber Avenue, said point being designated as station 16 + 76.30 of the proposed centerline of construction of Lockbourne Road and station 0 + 00.00 of the proposed centerline of construction of Faber Avenue; thence along the proposed centerline of construction of Faber Avenue, South 85 degrees 46' 50" East, a distance of 40.74 feet to a point at station 0 + 40.74; thence North 04 degrees 13' 10" East a distance of 23.40 feet to a point being 40.89 feet right of station 16 + 99.39 of the proposed centerline of construction of Lockbourne Road, and being at the intersection of the easterly right of way line of Lockbourne Road and the Northerly right of way line of Faber Avenue, and being North 89 degrees 29' 31" East, a distance 1.33 feet from a found iron pin, said point also being the Southwesterly corner of said 1.471 acre parcel, and being the TRUE POINT OF BEGINNING of the parcel herein described;
Thence along the Grantor's westerly property line and the easterly right of way line for Lockbourne Road, North 03 degrees 41' 11" East, a distance of 30.00 feet to an iron pin set on the proposed right of way line and being 41.08 feet right of station 17 + 28.60 of the proposed centerline of construction of Lockbourne Road;
Thence along the proposed right of way line, South 41 degrees 04' 28" East, a distance of 42.60 feet to a point on the Grantor's southerly property line and the northerly right of way line of Faber Avenue and being 23.43 feet left of station 0 + 70.74 of the proposed centerline of construction of Faber Avenue;
Thence along the Grantor's southerly property line, and northerly right of way line of Faber Avenue, North 85 degrees 50' 04" West, a distance of 30.00 feet to the TRUE POINT OF BEGINNING and containing 0.010 acres.
The above take is from Auditor's Parcel Number 010-000242, which contains 1.471 acres, which present road occupies (P.R.0.) 0.00 acres more or less.
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-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on general conformance with the plans titled, “SITE PLAN,” “COLOR SITE PLAN,” and “PROPOSED ELEVATIONS SHEETS 1-2,” all dated March 28, 2025, and signed by Eric Zartman, Attorney 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 Certificates 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.