Explanation
Council Variance Application: CV20-127
APPLICANT: Peerless Development, LLC; c/o Michael Shannon, Atty.; Underhill & Hodge, LLC; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Multi-unit residential development.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
UNIVERSITY IMPACT DISTRICT REVIEW BOARD 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 #3138-2021; Z20-113) to the AR-3, Apartment Residential District. The applicant proposes a multi-story 140-unit apartment building. Variances for density, lot coverage, a parking space reduction from 274 to 77 spaces, building lines, building size, floor area ratio (FAR), building height, and rear yard are included in the request. Staff defers to the University Impact District Review Board's recommendation on the overall design as appropriately responding to the lower-intensity residential uses to the north and east of the site. The proposal will permit a multi-unit residential development that is consistent with infill development in urban neighborhoods, and does not introduce incompatible uses to the area.
Title
To grant a Variance from the provisions of Sections 3325.901(A), Density; 3325.905, Maximum Lot Coverage; 3332.907(B), Parking; 3325.909(A), Building Lines; 3325.911(C), Building Separation and Size; 3325.913(A)(1)(B), Maximum Floor Area Ratio (FAR), 3325.915, Height, and 3333.24, Rear yard, of the Columbus City Codes; for the property located at 50 E. 7TH AVE. (43201), to permit reduced development standards for a 140-unit apartment building in the AR-3, Apartment Residential District (Council Variance #CV20-127).
Body
WHEREAS, by application #CV20-127, the owner of property at 50 E. 7TH AVE. (43201), is requesting a Council variance to permit reduced development standards for a 140-unit apartment building in the AR-3, Apartment Residential District; and
WHEREAS, Section 3325.901(A), Density, permits no more than one dwelling unit per 700 square feet of lot area, while the applicant proposes reduced lot area per dwelling unit of 260 square feet; and
WHEREAS, 3325.905(A), Maximum Lot Coverage, requires that a building or combination of buildings, including any rear or side porch or roofed stairs but excluding any balcony, walkway, deck, front porch, carport or garage, shall cover no more than 30 percent of the lot area, while the applicant proposes an increased lot coverage of 82 percent; and
WHEREAS, Section 3325.907(A), Parking, requires 274 parking spaces for 140 dwelling units, while the applicant proposes 77 provided parking spaces; and
WHEREAS, Section 3325.909(A), Building lines, requires a building line of 15 feet along East 7th Avenue based on the average building line of the nearest building on each side of the subject site, while the applicant proposes reduced building line of 4 feet along East 7th Avenue; and
WHEREAS, Section 3325.911(C), Building Separation and Size, requires that no building shall exceed 10,200 square feet of calculated floor area, while the applicant proposes a building with calculated floor area of 125,000 square feet; and
WHEREAS, Section 3325.913(A)(1)(b), Maximum Floor Area Ratio (FAR), requires that the maximum total calculated floor area permitted on any lot shall be no greater than that determined by a 0.80 FAR, while the applicant proposes an increased FAR of 3.42; and
WHEREAS, Section 3325.915, Height, limits building height to 35 feet at this location within the University District Zoning Overlay, while the applicant proposes a maximum building height of 70 feet; 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 rear yard of 7 percent for the apartment building; and
WHEREAS, the University Area Commission recommends approval, and
WHEREAS, the University Impact District Review Board recommends approval, and
WHEREAS, the City Departments recommend approval because the variances will permit a multi-unit residential development that is consistent with infill development in urban neighborhoods, does not introduce incompatible uses to the area, and whose final design, as recommended by the University Impact District Review Board, addresses lower intensity residential uses to the north and east; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate 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 50 E. 7TH AVE. (43201), 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 3325.901(A), Density; 3325.905, Maximum Lot Coverage; 3332.907(B), Parking; 3325.909(A), Building Lines; 3325.911(C), Building Separation and Size; 3325.913(A)(1)(B), Maximum Floor Area Ratio (FAR), 3325.915, Height, and 3333.24, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 50 E. 7TH AVE. (43201), insofar as said sections prohibits an increase in density from 700 square feet to 260 square feet per dwelling unit; increase in maximum lot coverage from 30 to 82 percent; reduction in parking from 274 required spaces to 77 provided spaces; reduction in the required building line from 15 to 4 feet along East Seventh Avenue; increase in building size from 10,200 square feet to 125,000 square feet; increase in the maximum floor area ratio (FAR) from 0.8 to 3.42; increased building height from 40 to 70 feet; and reduced rear yard from 25 to 7 percent, said property being more particularly described as follows:
50 E. 7TH AVE. (43201), being 0.83± acres located on the north side of East Seventh Avenue, 85± feet east of North Pearl Street, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, in the State of Ohio and being further described as:
Being all of Lot Fourteen (14), 30 feet off West Side of Lot Fifteen (15) and 20 feet off the West Side of Lot Sixteen (16) and IO feet off the East Side of Lot Fifteen (15) in JOHN MARZETTI'S NORTH HIGH ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 308, Recorder's Office, Franklin County, Ohio,
Parcel Nos.: 010-039365; 010-055850; 010-046808
Situated in the City of Columbus, County of Franklin, in the State of Ohio and being further described as:
Being Lots Numbers Ten (10), Eleven (11), Twelve (12) and Thirteen (13) of JOHN MARZETTI'S NORTH HIGH ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 308, Recorder's Office, Franklin County, Ohio.
Parcel No. 010-026112
Address: 50 E. 7th Avenue, Columbus, OH 43201
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 140-unit apartment building, or those uses permitted 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 plan titled, "VARIANCE SITE PLAN," signed by Eric Zartman, Attorney for the Applicant, and dated October 22, 2021. 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 a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.