Explanation
Council Variance Application: CV25-071
APPLICANT: EREG Housing Preservation LLC, c/o Thaddeus M. Boggs, Atty.; 10 West Broad Street, Fl. 23; Columbus, OH 43215.
PROPOSED USE: Assisted living (rest home) development.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Pending meeting on September 23, 2025.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #2314-2025; Z24-078) to the AR-3, Apartment Residential District on a lot developed with an existing monopole telecommunication antenna. The requested variance proposes an assisted living facility (rest home) with 120 suites with reductions in the required parking from 90 to 73 spaces, and in the required rear yard from 25 to 23.4± percent. Additionally, this request will allow the existing monopole telecommunication antenna to remain on the site with a reduced setback from residentially-zoned property from 270 to zero feet. The request is supported as the project will provide 120 affordable assisted living units consistent with City priorities, and the site plan includes landscaping in accordance with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). The existing monopole telecommunication antenna is situated closer to Gender Road than the proposed assisted living building and will not negatively impact the intended development.
Title
To grant a Variance from the provisions of Sections 3333.03, Permitted uses in AR-3 apartment residential district; 3312.49(C), Required parking; 3333.24, Rear yard; and 3353.05(D)(4), C-2 district development limitations, of the Columbus City Codes; for the property located at 3639 GENDER RD. (43110), to allow a monopole telecommunication antenna with reduced setbacks, and reduced development standards for an assisted living facility, in the AR-3, Apartment Residential District (Council Variance #CV25-071).
Body
WHEREAS, by application #CV25-071, the owner of property at 3639 GENDER RD. (43110), is requesting a Council variance to allow a monopole telecommunication antenna with reduced setbacks, and reduced development standards for an assisted living facility, in the AR-3, Apartment Residential District; and
WHEREAS, Section 3333.03, Permitted uses in AR-3 apartment residential district, prohibits a monopole telecommunications antenna, while the applicant proposes to allow the existing monopole to remain; and
WHEREAS, Section 3312.49(C), Required parking, requires 0.75 parking spaces per suite or room in an assisted living facility, for a total of 90 required parking spaces for 120 suites, while the applicant proposes 73 parking spaces; 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 23.4 percent of the total lot area for the proposed assisted living facility; and
WHEREAS, Section 3353.05(D)(4), C-2 district development limitations, requires that all monopole telecommunication antennas and support structures be setback 200 percent of the total height of the antenna from all residentially zoned districts, or in this case 270± feet, while the applicant proposes no setback for the existing monopole telecommunication antenna as it is within an AR-3 Apartment Residential District; and
WHEREAS, the Greater South East Area Commission recommendation is pending the September 23, 2025 meeting, noting the Rezoning for this project was recommended for approval; and
WHEREAS, the City Departments recommend approval because the requested variances will provide 120 affordable assisted living units consistent with City priorities, and the site plan includes landscaping in accordance with C2P2 Design Guidelines. The existing monopole telecommunication antenna is situated closer to Gender Road than the proposed assisted living building and will not negatively impact the intended development; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed assisted living facility; 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 3639 GENDER RD. (43110), 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 Sections3333.03, Permitted uses in AR-3 apartment residential district; 3312.49(C), Required parking; 3333.24, Rear yard; and 3353.05(D)(4), C-2 district development limitations, of the Columbus City Codes, is hereby granted for the property located at 3639 GENDER RD. (43110), insofar as said sections prohibit a monopole telecommunications antenna in the AR-3, Apartment Residential District, with a parking space reduction from 90 required to 73 provided spaces; a reduced rear yard from 25 to 23.4 percent; and a reduced setback for a telecommunication antenna from residentially-zoned districts of 270 feet for a monopole that is 135 feet tall to zero feet; said property being more particularly described as follows:
3639 GENDER RD. (43110), being 3.96± acres located on the west side of Gender Road, 200± feet south of Upperridge Drive, and being more particularly described as follows:
3639 GENDER RD. (43110), being 3.96± acres located on the west side of Gender Road, 200± feet south of Upperridge Drive, and being more particularly described as follows:
Situate in the State of Ohio, County of Franklin, City of Columbus, being in the Northwest Quarter of Section 1, Township 11, Range 21, Congress Lands, and being part of the original 124.050 acre tract conveyed to Martha J. Lamp and Joan Kotz, by deed of record in O.R. 2893G19, records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows;
Beginning for reference at an iron pin at the point of intersection of the westerly limited access right-of-way line of Gender Road (as established by a deed to the County of Franklin, of record in Deed Book 3206, page 1) with the southerly right-of-way line of Upperridge Drive;
Thence N 86° 09’ 13” W, a distance of 150.00 feet along the southerly right-of-way line of Upperridge Drive to the point of true beginning;
Thence the following two (2) courses and distances across the said original 124.050 acre tract:
1. Thence S 3° 50’ 47” W, a distance of 145.00 feet, to a point;
2. Thence S 86° 09’ 13” E, a distance of 150.00 feet, to a point in the said westerly limited access right-of-way line at Gender Road;
Thence S 3° 50’ 47” W, a distance of 249.50 feet, along the said westerly limited access right-of-way line of Gender Road to a point;
Thence the following four (4) courses and distances across the said original 124.050 acre tract:
1. Thence N 85° 30’ 09” W, a distance of 200.00 feet, to a point;
2. Thence S 3° 50’ 47” W, a distance of 44.97 feet, to a point;
3. Thence N 85° 30’ 09” W, a distance of 315.17 feet, to a point;
4. Thence N 4° 29’ 51” E, a distance of 398.59 feet, to a point in the southerly right-of-way line of Upperridge Drive;
Thence the following two (2) courses and distances along the southerly right-of-way line of Upperridge Drive:
1. Thence along a curve to the right having a radius of 830.00 feet, a central angle of N 16° 45’ 15” the chord to which bears N 85° 30’ 47” E, a chord distance of 241.84 feet, to a point of tangency;
2. Thence S 86° 09’ 13” E, a distance of 121.32 feet, to the point of true beginning containing 4.370 acres, more or less, and being subject to all easements, restrictions and right-of-ways of record.
The bearings for the above description were based on the bearing datum for Countryview Village Section 2, of record in Plat Book 67, page 89.
LESS AND EXCEPT a 0.910 acre tract being that portion of property conveyed to KeyBank National Association from T & R Development, Inc., an Ohio corporation by Warranty Deed by a Corporation dated January 30, 2006 and recorded February 7, 2006 in Instrument No.200602070024842, the remainder being 3.96 acres.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a monopole telecommunications antenna, or those uses permitted in the 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 site plan titled, "SITE PLAN," signed by Thaddeus Boggs, and dated Setpember 15, 2025. 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 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 on 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.