Explanation
Council Variance Application: CV21-118
APPLICANT: Finance Fund; c/o Dave Perry, Agent; David Perry Company; 411 East Town Street, 1st Floor; Columbus, OH 43215, and Andrew Swary, Atty.; 175 South Third Street, Suite 1200; Columbus, OH 43215.
PROPOSED USE: Mixed-use development.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of six undeveloped parcels zoned in the ARLD, Apartment Residential District and subject to the East Main Street Urban Commercial Overlay. The site has two development areas divided by a public alley: Area A to the west of the alley and Area B to the east of the alley. The requested Council variance will permit Area A to be developed with a 26-unit apartment building, and Area B to be developed with a 24-unit apartment building containing up to 1,500 square feet of retail, office, and eating and drinking establishment uses fronting East Main Street. Variances for building height, lot area, building setback, side yard, and a parking reduction from 90 required spaces to 50 provided spaces are included in this request. Staff supports the Council variance process due to the mixed-use nature of the building in Area B. The proposal is consistent with the Near East Area Plan’s (2005) recommendation for “Higher Density Residential/Mixed Use” land uses at this location, and also with similar infill developments in urban neighborhoods and the overall historic development pattern of the East Main Street corridor.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3309.14, Height districts; 3312.49(C), Minimum numbers of parking spaces required; 3333.11, ARLD area district requirements; 3333.18(E), Building lines; and 3333.23, Minimum side yard permitted, of the Columbus City Codes, for the property located at 1540 E. MAIN ST. (43205), to permit a mixed-use development with reduced development standards in the ARLD, Apartment Residential District (Council Variance #CV21-118).
Body
WHEREAS, by application #CV21-118, the owner of property at 1540 E. MAIN ST. (43205), is requesting a Council variance to permit a mixed-use development consisting of a 26-unit apartment building (Area A) and a 24-unit apartment building with 1,500 square feet of commercial space (Area B), with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD, and AR-1, apartment residential district use, prohibits commercial uses in the ARLD, Apartment Residential District, while the applicant proposes up to 1,500 square feet of retail, office, or eating and drinking establishment uses within the building located in Area B; and
WHEREAS, Section 3309.14, Height districts, prohibits the height of a building to exceed 35 feet at the building line in the H-35, Height District, while the applicant proposes an increased building height of 40 feet for both Area A and Area B; and
WHEREAS, Section 3312.49(C), Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, and 1 parking space per 100 square feet of eating and drinking establishment space (incorporating the Urban Commercial Overlay 25% reduction as allowed in Section 3372.609), for 39 required parking spaces for a 26-unit apartment building in Area A; and 51 required parking spaces for a 24-unit apartment building and 1,500 square feet of eating and drinking establishment space in Area B; while the applicant proposes a total of 22 parking spaces in Area A and 28 parking spaces in Area B, reductions of 17 and 23 spaces respectively; and
WHEREAS, Section 3333.11, ARLD area district requirements, requires 2,500 square feet per dwelling unit on interior lots, while the applicant proposes 860 square feet per dwelling in Area A and 810 square feet per dwelling in Area B; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 50 feet along East Main Street, while the applicant proposes a reduced building line of three feet for both Area A and Area B; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a side yard of no less than five feet, while the applicant proposes a reduced side yard of zero feet along the eastern property line of Area A to accommodate a dumpster; and
WHEREAS, the Near East Area Commission recommends approval, and
WHEREAS, City Departments recommend approval because the requested Council variance will permit a mixed-use development that is consistent with the Near East Area Plan’s recommended land uses, and with similar mixed-use developments in urban neighborhoods and the overall historic development pattern of the East Main Street corridor; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificates of Occupancy for the proposed uses; 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 1540 E. MAIN ST. (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 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3309.14, Height districts; 3312.49(C), Minimum numbers of parking spaces required; 3333.11, ARLD area district requirements; 3333.18(E), Building lines; and 3333.23, Minimum side yard permitted, of the Columbus City Codes, is hereby granted for the property located at 1540 E. MAIN ST. (43205), insofar as said sections prohibits retail, office, and eating and drinking establishment uses (Area B) within the ARLD, Apartment Residential District; with an increased building height from 35 feet to 40 feet for both Area A and Area B; a reduction in the required number of parking spaces from 39 to 22 spaces in Area A and from 51 to 28 spaces in Area B; reduced lot area per dwelling unit from 2,500 square feet to 860 square feet for Area A and 810 square feet for Area B; a reduced building line from 50 feet to 3 feet along East Main Street for both Area A and Area B; and a reduced side yard from five feet to zero feet along the eastern property line of Area A, said property being more particularly described as follows:
1540 E. MAIN ST. (43205), being 1.00± acre located on the north side of East Main Street, 105± feet east of Kelton Road, and being more particularly described as follows:
AREA “A” 0.534 ACRES:
State of Ohio, County of Franklin, City of Columbus, located in ½ Section 22, Section 14, Township 5, Range 22, Refugee Lands, and being all of Lots 3, 4 and 5 of Lyman W. Rose Heir’s Parcel Plat, the same being numbered and delineated on the record plat there-of, on file in Auditor’s Plat Book 5, Page 275, said lots described as Parcels 1, 2 and 3 in a deed to William E. Righter and Janet D. Righter, of record in Official Record 2300 C02, all records referenced herein are on file at the Office of the Recorder of Franklin County, Ohio, and being further bounded and described as follows for zoning purposes only:
Commencing for reference at the intersection of the north right-of-way line for E. Main Street (80 feet wide) and the east right-of-way line for Kelton Avenue (60 feet wide), being the southwest corner of Lot 1 of said Lyman W. Rose Heir’s Parcel Plat;
Thence South 88 degrees 13 minutes 54 seconds East, along the north right-of-way line for said E. Main Street, along the south line of said Lot 1 and the south line of Lot 2 of said Lyman W. Rose Heir’s Parcel Plat, a distance of 104.35 feet to the southeast corner of said Lot 2, being the southwest corner of said Lot 3, and being the TRUE POINT OF BEGINNING for this description;
Thence North 04 degrees 08 minutes 07 seconds East, along the east line of said Lot 2, along the west line of said Lot 3, a distance of 194.02 feet to the northwest corner of said Lot 3, being the northeast corner of said Lot 2, and being on the south line of a 20 foot wide alley dedicated by Auditor’s Plat Book 5, page 275;
Thence South 88 degrees 13 minutes 54 seconds East, along the north line of said Lots 3, 4 and 5, a distance of 120.00 feet to the northeast corner of said Lot 5, being at the intersection of the south line of said 20 foot wide alley and the west line of an 18 foot wide alley dedicated by said Auditor’s Plat Book 5, Page 275 (8 feet) and by Plat Book 4, Page 72 (10 feet);
Thence South 04 degrees 08 minutes 07 seconds West, along the east of said Lot 5, along the west right-of-way line for said 18 foot alley, a distance of 194.02 feet to the southeast corner of said Lot 5, being at the intersection of the east right-of-way line of said 18 foot alley and the north right-of-way line for said E. Main Street;
Thence North 88 degrees 13 minutes 54 seconds West, along the south lines of said Lots 5, 4 and 3, and the north right-of-way line for said E. Main Street, a distance of 120.00 feet to the TRUE POINT OF BEGINNING for this description.
The above description contains a total area of 0.534 acres, of which:
• 0.180 acres is all of Franklin County Auditor’s parcel number 010-0131733,
• 0.088 acres is all of Franklin County Auditor’s parcel number 010-019376,
• 0.088 acres is all of Franklin County Auditor’s parcel number 010-019228,
• 0.178 acres is all of Franklin County Auditor’s parcel number 010-029701.
AREA “B” 0.462 ACRES:
State of Ohio, County of Franklin, City of Columbus, located in ½ Section 22, Section 14, Township 5, Range 22, Refugee Lands, and being all of Lots 1 and 2 of Thomas Miller’s Heir’s Subdivision, of record in Plat Book 4, Page 72, both as described in a deed to Leon Lewis, of record in Instrument Number 201703160036900, all records referenced herein are on file at the Office of the Recorder of Franklin County, Ohio, and being further bounded and described as follows for zoning purposes only:
Commencing for reference at the intersection of the north right-of-way line for E. Main Street (80 feet wide) and the east right-of-way line for Kelton Avenue (60 feet wide), being the southwest corner of Lot 1 of said Lyman W. Rose Heir’s Parcel Plat;
Thence South 88 degrees 13 minutes 54 seconds East, along the north right-of-way line for said E. Main Street, along the south line of said Lot 1 and the south line of Lots 2, 3, 4 and 5 of said Lyman W. Rose Heir’s Parcel Plat, and along the south line of an 18 foot alley dedicated by Auditor’s Plat Book 5, Page 275 (8 feet) and by Plat Book 4, Page 72 (10 feet), a distance of 242.37 feet to the southwest corner of said Lot 1 of Thomas Miller’s Heir’s Subdivision, being at the intersection of the east right-of-way line for said 18 foot alley and the north right-of-way line for said E. Main Street, and being the TRUE POINT OF BEGINNING for this description;
Thence North 04 degrees 08 minutes 07 seconds East, along the west line of said Lot 1, along the east line of said 18 foot alley, a distance of 218.00 feet to the northwest corner of said Lot 1, being at the intersection of the east right-of-way line of said 18 foot alley and the south right-of-way line of a 25 foot alley dedicated in Plat Book 4, Page 72, being the northwest corner of said Lot 1;
Thence South 88 degrees 13 minutes 54 seconds East, along the north line of said Lots 1 and 2 of Thomas Miller’s Heir’s Subdivision, along the south right-of-way line for said 25 foot alley, a distance of 92.30 feet to the northeast corner of said Lot 2, being the northwest corner of Lot 3 of said Thomas Miller’s Heir’s Subdivision;
Thence South 04 degrees 08 minutes 07 seconds West, along the east line of said Lot 2, along the west line of said Lot 3, a distance of 218.00 feet to the southeast corner of said Lot 2, being the southwest corner of said Lot 3, and being on the north right-of-way line for said E. Main Street;
Thence North 88 degrees 13 minutes 54 seconds West, along the south lines of said Lots 2 and 1, along the north right-of-way line for said E. Main Street, a distance of 92.30 feet to the TRUE POINT OF BEGINNING for this description.
The above description contains a total area of 0.462 acres, of which:
• 0.230 acres is all of Franklin County Auditor’s parcel number 010-047662,
• 0.232 acres is all of Franklin County Auditor’s parcel number 010-056930.
Known as: 1540 E. Main St., Columbus, Ohio 43205.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an apartment building containing up to 26 units in Area A and an apartment building containing up to 24 units and up to 1,500 square feet of retail, office or eating and drinking establishment uses in Area B, or those uses permitted in the ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "SITE PLAN," signed by David B. Perry, Agent for the Applicant and Andrew Swary, Attorney for the Applicant, and dated January 17, 2022. 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 uses.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.