Explanation
Council Variance Application: CV25-073
APPLICANT: 7809 Olentangy River Road LLC; c/o Molly Gwin, Atty.; 250 West Street, Suite 700, Columbus, OH 43215.
PROPOSED USE: Townhouse development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning to the L-AR-12, Limited Apartment Residential District (Ordinance #1035-2026; Z25-038) a proposed development of 26 individually platted townhouses. This Council variance request includes a use variance to reduce the minimum number of townhouses in a row from three to one, and development standard variances to allow individually platted townhouses on private streets, to reduce the front building line, and to reduce the side yard setback. Staff supports the requested variances as they will allow the site to be developed in a way that will allow preservation of natural resources along the western and southern property lines. Additionally, these variances are consistent with townhouse developments that utilize private street networks.
Title
To grant a Variance from the provisions of Sections 3333.02(5), AR-12, ARLD and AR-1 apartment residential district use; 3333.41(H)(I)(J), Standards, of the Columbus City codes; for the property located at 7801 & 7809 OLENTANGY RIVER RD. (43235), to allow reduced development standards for townhouses in the L-AR-12, Limited Apartment Residential District (Council Variance #CV25-073).
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WHEREAS, by application #CV25-073, the owner of property at 7801 & 7809 OLENTANGY RIVER RD. (43235), is requesting a Variance to allow reduced development standards for townhouses in the L-AR-12, Limited Apartment Residential District; and
WHEREAS, Section 3333.02(5), AR-12, ARLD and AR-1 apartment residential district use, restricts the minimum allowable number of townhouse units in a row to three, while the applicant proposes a reduced minimum number of townhouse units in a row to one; and
WHEREAS, Section 3333.41(H), Standards, requires each town house lot to have a minimum of 15 feet of frontage on a dedicated public street, while the applicant proposes all lots front upon private streets; and
WHEREAS, Section 3333.41(I), Standards, requires that a side yard be required at each end of a row and shall be no less than 7.5 feet wide, while the applicant proposes a side yard of five feet for all lots; and
WHEREAS, Section 3333.41(J), Standards, requires each town house to have a minimum building line of twenty-five (25) feet, while the applicant proposes reduced building lines of 20 feet for all lots except Lot A1 which shall be 19.1 feet, and Lot B1 which shall be 11.17 feet; and
WHEREAS, City Departments recommend approval because the requested variances will facilitate a townhouse development on private streets that allow for the preservation of existing natural resources along the western and southern property lines; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed townhouse 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 7801 & 7809 OLENTANGY RIVER RD. (43235), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance be granted from the provisions of Sections 3333.02(5), AR-12, ARLD and AR-1 apartment residential district use; 3333.41(H)(I)(J), Standards, of the Columbus City codes; for the property located at 7801 & 7809 OLENTANGY RIVER RD. (43235), insofar as said sections prohibit a reduced minimum number of townhouses in a row from three to one; townhouse lots fronting on private streets; reduced side yard on each lot from 7.5 to five feet; and reduced building lines from 25 to 20 feet for all lots except Lot A1 which shall be 19.1 feet, and Lot B1 which shall be 11.17 feet; said property being more particularly described as follows:
7801 & 7809 OLENTANGY RIVER RD. (43235), being 5.82± acres located on the west side of Olentangy River Road, 370± feet south of Clubview Boulevard, and being more particularly described as follows:
PARCEL 610-146455
7801 Olentangy River Road
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Section 2, Township 2, Range 18, United States Military Lands, and being the property conveyed to See Smiley Properties, LLC by Instrument Number 200312010381807 of the Franklin County' s Recorder's Office, (being Auditor's Parcel Number 610-146455), and being more particularly described as follows:
Beginning for Reference at a 1" Pipe Found at the southeast corner of Lot 9 of Worthington Hills No, I as recorded in Plat Book 36, Page 22, said point also being a southwest corner of the property conveyed to Russell H. (Jr.) and Anita S. Bettis by Inst No. 200402120031930, thence crossing said Bettis property with the easternly extension of the south line of said Lot 9, South 87 degrees 48 minutes 56 seconds East, 165.72 feet to an Iron Pin Set at the True Point of Beginning of the parcel herein described, said point being at the northwest corner of Parcel 1 of said See Smiley Properties, LLC property, and a corner of said Bettis property;
Thence along the northerly line of Parcel I of said See Smiley Properties, LLC property and the southerly line of said Bettis property, South 87 degrees 48 minutes 56 seconds East, 44.12 feet to an Iron Pin Set at the southwest corner of Parcel 1l of said See Smiley Properties, LLC property,
Thence along the northernly line of Parcel Il of said See Smiley Properties, LLC property, and the southerly line of the remainder of said Bettis property, North 82 degrees 35 minutes 20 seconds East, 311.77 feet to a Mag Nail Set in the centerline of State Route 315 Olentangy River Road (width varies), said point being the northeast corner of Parcel 11 of said See Smiley Properties, LLC property, and the southeast corner of the remaining Bettis property passing an Iron Pin Set on the westerly right-of-way line at 281.40 feet;
Thence along the centerline of said Olentangy River Road, alone the easterly line of Parcel Il of said See Smiley Properties, LLC property, along a non-tangent curve to the left (concave northeast) whose radius bears North 73 degrees 34 minutes 56 seconds East, 1904.59 feet, having a delta angle of 01 degrees 39 minutes 28 seconds, an arc length of 55.11 feet, and a chord which bears South 17 degrees 14 minutes 48 seconds East, 55.11 feet to a Mag Nail Set at the southeast corner of Parcel Il of said See Smiley Properties, LLC property, said point being on easterly extension of the southerly line of said Lot 9, and in the northerly line of the property conveyed to the State of Ohio by Deed Book 2909, Page 221;
Thence along the southerly line of Parcel II of said Smiley Properties, LLC property and the northerly line of said State of Ohio property, North 87 degrees 48 minutes 56 seconds West, 54.49 feet to an Iron Pin Set at the northwest of said State of Ohio property (the westerly right-of-way). said point being the northeast corner of Parcel I of said See Smiley Properties, LLC property, passing an Iron Pin Set on an angle point in the westerly right-of-way line at 31.94 feet;
Thence along the westerly line of said State Of Ohio property (the westerly right-of-way), and the easterly line of Parcel I of said See Smiley Properties, LLC property, South 18 degrees 01 minutes 52 seconds East, 150.39 feet to a 1" Pipe Found at the southeast corner of Parcel I of said See Smiley Properties, LLC property, and the northeast comer of the property conveyed to John W. Hill and John W. Hill, Jr. by Official Record 14290
Thence along the southerly line of Parcel I of said See Smiley Properties, LLC property, and the northerly line of said Hill property, South 70 degrees 48 minutes 05 seconds West, 125.63 feet to a 1" Pipe Found at the northwest corner of said Hill property, said point being at the southeast corner of the Parcel I Exception from said See Smiley Properties, LLC property, and being in the easterly line of the Ravines at Worthingridge, 5th Amendment as recorded in O.R. 7408 Pg. E19;
Thence along the common lines of said Parcel I Exception from said See Smiley Properties, LLC property, and the lines of said Ravines at Worthingridge, 5th Amendment, the following two (2) courses:
1, North 18 degrees 59 minutes 30 seconds West, 9.89 feet to an Iron Pin Set;
2. North 72 degrees 14 minutes 18 seconds West, 140.91 feet to an Iron Pin Set;
Thence along the common lines of said Parcel I Exception from said See Smiley Properties, LLC property, and a line of said Ravines at Worthingridge, 5th Amendment, and continuing along the lines of the Ravines at Worthingidge, 1st Amendment as recorded in Condominium Plat Book 32, Page 53, the following (3) courses:
1. South 64 degrees 44 minutes 40 seconds West, 40.17 feet to an Iron Pin Set;
2. South 39 degrees 01 minutes 07 seconds West, 52.18 feet to an Iron Pin Set;
3. South 81 degrees 07 minutes 06 seconds West, 29.68 feet to a 1" Pipe Found at a southeast corner of said Bettis property;
Thence along an easterly line of said Bettis property, said line being the remainder of said Parcel I of said See Smiley Properties, LLC property, North 01 degrees 58 minutes 53 seconds West, 206.39 feet to the True point of Beginning, containing 1.482 acres more or less, passing a l" Pipe Found at 80.00 feet. Subject to any and all easements, right-of-ways, conditions and restrictions of record. All Iron Pins Set are 5/8-inch by 30-inch rebar with yellow identification caps labeled "Smart Services". BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH LINE OF LOT 9, WORTHINGTON HILLS NO. 1, PLAT BOOK 36. PAGE 22, AS BEING SOUTH 87 DEGREES 48 MINUTES 56 SECONDS EAST, AND ARE INTENDED TO BE USED ONLY FOR DETERMINING ANGLES. This description was prepared by Smart Services, Inc. in October 2014 and is based upon actual field measurements.
PARCEL 610-101154
7809 Olentangy River Road
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being Section 2, Township 2, Range 18, United States Military Lands and being 0.500 acres off the westerly end of the Thomas D. Gilbert 1.778 acres tract of record in Official Records Volume 4501 F-15, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a set iron pipe at the northwest corner of said 1.778 acre tract, said pipe being a northeasterly corner of the Bob Webb Builders, Inc. 6.764 acre tract (O.R.V. 4604 B-18) and being in the southerly line of Lot 9, Worthington Hills #1, as numbered and delineated upon the recorded plat thereof, of record in Plat Book 36, Page 22 said Recorder's Office; Thence along the northerly line of said 1.778 acre tract and the southerly line of said Lot 9 and along the southerly line of the R.H. and A.S. Bettis, Jr. 3.89 acre tract (Deed Book 3415, Page 8), South 87 degrees 48 minutes 56 seconds East, 178.13 feet to a set iron pipe, (passing a set iron pipe at the southeast corner of said Lot 9 at 12.06 feet, said pipe being also the southwest corner of said 3.89 acre tract); Thence across said 1.778 acre tract, South 1 degree 48 minutes 39 seconds East, 205.66 feet to a set iron pipe at an angle point in the southerly line of said 1.778 acre tract and the northerly line of said 6.764 acre tract (passing a set iron pipe at 125.66 feet); Thence the following five (5) courses along the southerly line of said 1.778 acre tract and the northerly line of said 6.764 acre tract:
1) North 41 degrees 09 minutes 09 seconds West, 95.38 feet to a set iron pipe;
2) South 72 degrees 21 minutes 39 seconds West, 44.18 feet to a set iron pipe;
3) North 67 degrees 58 minutes 41 seconds West, 28.59 feet to a set iron pipe;
4) North 1 degrees 08 minutes 34 seconds West, 76.31 feet to a set iron pipe;
5) North 37 degrees 38 minutes 34 seconds West, 84.49 feet to the place of beginning, containing 0.500 acres, subject to all legal highways, easements, restrictions, leases and agreement of record and of record in the respective utility offices.
This description was prepared from a survey of the premises by Albert J. Myers. P.S. 6579 in January, 1985. Iron pipes are 30" x 1" O.D. with an orange plastic plug inscribed "P.S. 3352". The basis of bearings is the northerly line of said 1.778 Acre tract per O.R.V. 4501 F-15.
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
Being a part of Section 2, Township 2 North, Range 18 West, U.S. Military Lands and in the Civil Township of Sharon, and more particularly bounded and described as follows:
Commencing at a stone on the Township line between Perry and Sharon Townships, said stone being the southeast corner of Lot No. 20 of Tullers Survey in Section 1, Township 2, Range 19, U.S. Military Lands; Thence North 2 deg. 15' 10" East 639.60 feet to an iron pipe; Thence South 87 deg. 32' 40" East 833.93 feet to a stone; thence South 87 deg. 48' 56" East 256.93 feet to an iron pipe, said iron pipe being the true point of beginning of this description.
Thence North 6 deg. 33' 07" West 286.51 feet to an iron pipe; Thence North 76 deg. 13 11" East 487.66 feet to a point on the centerline of State Route 315, passing an iron pipe at 457.57 feet; Thence with the centerline of said State Route 315 as follows:
South 9 deg. 23' 18" East 151.37 feet; Thence along a curve to the left an arc distance of 279.82 feet, said curve having a radius of 1904.59 feet and a long chord distance of 279.56 feet, said chord bears South 13 deg. 35' 47" East; Thence leaving the centerline of State Route 315 and bearing North 87 deg. 48' 56" West 531.73 feet to the true point of beginning. All bearings being referred to the true meridian and containing 4.08 acres, more or less, excepting from the above described property a triangular tract off the south end thereof and more particularly bounded and described as follows:
Beginning at the southeast corner of the above described 4.08 acre tract; thence with the South line of said 4.08 acre tract North 87 deg. 48' 56" West 321.89 feet to a point; Thence crossing said 4.08 acre tract North 82 deg. 35' 20" East 308.34 feet to a point on the centerline of State Route 315; Thence along said centerline of State Route 315 along a curve to the left an arc distance of 54.42 feet to the point of beginning of the exception, said curving having a radius of 1904.59 feet and a chord distance of 54.42 feet, said chord bearing South 16 deg. 59' 07" East. The area of this exception being 0.19 acre, 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 a townhouse development, or those uses permitted in the L-AR-12, Limited Apartment Residential District, specified by Ordinance #1035-2026; Z25-038.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed townhouse development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.