Explanation
Council Variance Application: CV23-034
APPLICANT: Loeffler Development, LLC; c/o Dave Perry, Agent; Dave Perry Company, Inc.; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor, Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel in the R-3, Residential District. The site is subject to Ordinance #1780-2019 (CV19-037), which permits a six-unit apartment building and three attached single-unit dwellings. The applicant now proposes a four-unit dwelling and a three-unit dwelling for a total of seven units on one parcel. A Council variance is required because the R-3 district permits only one single-unit dwelling per parcel. Variances to building setback, fronting, and rear yard are also included in the request. Staff finds the requested variances to be supportable as they will allow the site to be redeveloped with multi-unit residential development that is consistent with the housing types and densities of the surrounding neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, residential district; 3332.19, Fronting; 3332.21(D), Building lines; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 329 LOEFFLER AVE. (43205), to permit a four-unit dwelling and a three-unit dwelling on the same lot with reduced development standards in the R-3, Residential District, and to repeal Ordinance #1780-2019 (CV19-037), passed July 22, 2019 (Council Variance #CV23-034).
Body
WHEREAS, by application #CV23-034, the owner of property at 329 LOEFFLER AVE. (43205), is requesting a Council variance to permit a four-unit dwelling and a three-unit dwelling on the same lot with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, residential district, lists single-unit dwellings as the only permitted residential use, while the applicant proposes a four-unit dwelling and a three-unit dwelling on the same lot in the R-3, Residential District; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling to have frontage on a public street, while the applicant proposes the three-unit building front on a public alley; and
WHEREAS, Section 3332.21(D), Building lines, requires the building setback line to be the average distance of building setbacks on contiguous lots or parcels, but in no case less than 10 feet, while the applicant proposes a reduced building line along Leoffler Avenue of six feet; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes no rear yard; and
WHEREAS, the Near East Area Commission recommends approval, and
WHEREAS, the City Departments recommend approval because the requested variances will allow the site to be redeveloped with multi-unit residential development that is consistent with the housing types and densities of the surrounding neighborhood; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed use; 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 329 LOEFFLER AVE. (43205), 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 3332.035, R-3, residential district; 3332.19, Fronting; 3332.21(D), Building lines; and 3332.27, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 329 LOEFFLER AVE. (43205), insofar as said sections prohibit a four-unit dwelling and a three-unit dwelling on the same parcel in the R-3, Residential District; with no frontage on a public street for the three-unit dwelling; a reduced building line from 10 feet to six feet along Loeffler Avenue; and no rear yard provided; said property being more particularly described as follows:
329 LOEFFLER AVE. (43205), being 0.29± acres located at the southwest corner of Loeffler Avenue and Carrie Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, and further described as:
Being Lots #43, 44 and 45 of JAMES NELSON'S ADDITION to the City of Columbus, as the same are numbered and delineated upon the recorded plat thereof of record in Plat Book 2, Page 322, Recorder's Office, Franklin County, OH, and said plat record having been destroyed by fire, a re-survey of the plat of said addition now being of record in Plat Book 4, Page 166 in said Recorder's Office, Franklin County, Ohio.
Subject, however, to all legal highways, easements, and restrictions. The above description was prepared by Advanced Civil Design, Inc. on April 11, 2019 and is based on existing records from Franklin County Auditor’s and Recorder’s Office.
Parcel Nos. 010-027085
Known as: 329 Loeffler Ave., Columbus, OH 43205
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a four-unit dwelling and a three-unit dwelling on one lot, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "ZONING VARIANCE PLAN FOR 329 LOEFFLER AVENUE," dated June 5, 2023, and signed by David B. Perry, Agent for the Applicant and Donald Plank, 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 on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed use.
SECTION 5. That this ordinance is further conditioned on the prohibition of roof-top decks from being constructed on either the three-unit or four-unit dwelling.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 7. That Ordinance #1780-2019 (CV19-037), passed July 22, 2019, be and is hereby repealed.