Explanation
Council Variance Application: CV25-020
APPLICANT: EC New Vision Ohio, LLC; c/o Michael Shannon, Atty.; 8000 Walton Parkway, Suite 120, New Albany, OH 43054.
PROPOSED USE: Single-unit dwellings.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of portions of two parcels which are developed with single-unit dwellings in the R-Rural District. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (ORD#1485-2025; Z25-009) to the R-1, Residential District on 4.1 acres, known as Subareas B and C. That application also included Subarea A, a rezoning to the PUD-4, Planned Unit Development District to allow for the development of up to 106 single-unit dwellings on 29.9 acres. A Council variance is necessary because new lots will be created in the R-1 district that do not front upon a public street, with one lot for the existing dwelling and one new lot in Subarea B, and one lot for the existing dwelling in Subarea C. The lots either reflect existing conditions or will front upon the private street system planned for the Subarea A PUD district subdivision, and are consistent with the surrounding development.
Title
To grant a Variance from the provisions of Section 3332.19, Fronting, of the Columbus City Codes; for the property located at 7444 CUBBAGE RD. (43081), to allow dwellings to not front public streets in the R-1, Residential District (Council Variance CV25-020).
Body
WHEREAS, by application CV25-020, the owner of the property at 7444 CUBBAGE RD. (43081), is requesting a Variance to allow single-unit dwellings to not front public streets in the R-1, Residential District; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling to have frontage on a public street, while the applicant proposes single-unit dwellings that do not front a public street; and
WHEREAS, City Departments recommend approval because the requested Council variance will allow a proposal that is consistent with the surrounding development; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed single-unit dwelling in Subarea B; 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 7444 CUBBAGE RD. (43081), in using said property as desired; now, therefore: and to declare an emergency
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need to of the urgency of housing delivery, alignment of public infrastructure, and safeguarding of public safety and planning coordination constitute both an immediate necessity and a well-founded public purpose, for the immediate preservation of the public peace, property, health and safety; 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 Section 3332.19, Fronting, for the property located at 7444 CUBBAGE RD. (43081); insofar as said section prohibits dwellings or buildings that do not front a public street; said property being more particularly described as follows:
7444 CUBBAGE RD. (43081), being 4.1± acres located on the east side of Cubbage Road 2,400± feet north of Central College Road, and being more particularly described as follows:
SUBAREA B - 2.3 +/- ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Farm Lot 23, Section 1, Township 2, Range 17, United States Military Lands, being a part of a 30.657 acre tract (Original) (PID 600-318726) as conveyed to Earl T. Yeager and Stephanie Yeager, of record in Deed Book 2553, Page J05, of all document references are to the records the Recorder’s Office of Franklin County, Ohio, and being more particularly described as follows:
BEGINNING FOR REFERENCE at the northeasterly corner of said 30.657 acre tract;
Thence North 87°03’43” West, with the northerly line of said 30.657 acre tract, a distance of 175.00 feet to the POINT OF BEGINNING;
Thence through said 30.657 acre tract the following courses:
South 2°57’07” West, a distance of 25.27 feet to a point in a non-tangent curve;
With a curve to the left having a radius of 48.50 feet, an arc length of 134.70 feet, a central angle of 159°07’31”, a chord bearing and a distance of South 17°31’24” West for 95.39 feet to a point of reverse curvature;
With a curve to the right having a radius of 61.50 feet, an arc length of 69.76 feet, a central angle of 64°59’45”, a chord bearing and a distance of South 29°32’37” East for 66.08 feet to a point of tangency;
South 2°54’04” West, a distance of 234.61 feet to a point;
North 87°02’53” West, a distance of 245.99 feet to a point;
North 2°55’19” East, a distance of 206.50 feet to a point of curvature;
With a curve to the left having a radius of 63.50 feet, an arc length of 65.74 feet, a central angle of 59°19’15”, a chord bearing and a distance of North 26°44’19” West for 62.85 feet to a point;
North 2°08’45” East, a distance of 146.80 feet to a point of in the northerly line of said 30.657 acre tract;
Thence South 87°03’43” East, with said northerly line, a distance of 267.59 feet to the POINT OF BEGINNING containing 2.3 +/- acres, more or less.
SUBAREA C - 1.8 +/- ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Farm Lot 23, Section 1, Township 2, Range 17, United States Military Lands, being a part of a 5.17 acre tract (PID 600-318727) as conveyed to Jon-David Charlton and Jodi M. Charlton, of record in Instrument Number 201411040146346 and a part of a 16.605 acre tract (PID 600-318728) as conveyed to Ciminello Land Co. LLC, of record in Instrument 202305180048596, of all document references are to the records the Recorder’s Office of Franklin County, Ohio, and being more particularly described as follows:
BEGINNING at the southwesterly corner of said 5.17 acre tract;
Thence North 3°45’46” East, with the westerly line of said 5.17 acre tract, a distance of 379.50 feet to the northwesterly corner of said 5.17 acre tract;
Thence through said 16.605 acre tract the following courses:
North 2°55’19” East, a distance of 14.82 feet to a point;
South 88°15’53” East, a distance of 195.21 feet to a point;
South 2°55’19” West, in part through said 5.17 acre tract, a distance of 401.42 feet to a point in the southerly line of said 5.17 acre tract
Thence North 86°11’34” West, with said southerly line, a distance of 200.76 feet to the POINT OF BEGINNING containing 1.8 +/- 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 allowed by the R-1, Residential District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan titled, “DEVELOPMENT PLAN,” as it applies to Subareas B and C, signed and dated May 12, 2025 by Eric Zartman, 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 adjustment to the plan 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 upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed single-unit dwelling in Subarea B.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
South 2°55’19” West, in part through said 5.17 acre tract, a distance of 401.42 feet to a point in the southerly line of said 5.17 acre tract
Thence North 86°11’34” West, with said southerly line, a distance of 200.76 feet to the POINT OF BEGINNING containing 1.8 +/- 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 allowed by the R-1, Residential District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan titled, “DEVELOPMENT PLAN,” as it applies to Subareas B and C, signed and dated May 12, 2025 by Eric Zartman, 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 adjustment to the plan 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 upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed single-unit dwelling in Subarea B.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.