Explanation
Council Variance Application: CV21-038
APPLICANT: Metropolitan Holdings; c/o Joseph McCabe, Agent; 1433 Grandview Avenue; Columbus, OH 43212; and David Hodge and Eric Zartman, Attys.; Underhill & Hodge LLC; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Mixed-use development.
NEAR EAST AREA COMMISSION RECOMMENDATION: Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #3225-2021; Z21-029) to the CPD, Commercial Planned Development District to allow a mixed use development with up to 72 residential units, 2,650 square feet of commercial space, and seasonal dining space. The CPD Text for Z21-029 proposes C-4, Commercial District uses, and the requested variance will allow first floor residential uses. While commercial districts permit apartment units above ground-floor commercial uses, a Council variance is necessary to permit residential uses on the first floor. The request is consistent with recent mixed-use development projects in urban neighborhoods.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted uses; and 3361.02, CPD Permitted uses, of the Columbus City Codes; for the property located at 805 E. LONG ST. (43203), to permit ground floor residential uses in a mixed-use development in the CPD, Commercial Planned Development District (Council Variance #CV21-038).
Body
WHEREAS, by application #CV21-038, the owner of property 805 E. LONG ST. (43203), is requesting a Council variance to permit to permit ground floor residential uses in a mixed-use development in the CPD, Commercial Planned Development District; and
WHEREAS, by Ordinance #3225-2021 (Rezoning Application #Z21-029), the CPD, Commercial Planned Development District permits Section 3356.03, C-4 Permitted uses on this property; and
WHEREAS, Section 3356.03, C-4 Permitted uses, does not permit ground floor residential uses, while the applicant proposes residential uses on the first floor; and
WHEREAS, Section 3361.02, CPD Permitted uses, specifies C-4 district uses, and does not permit ground-floor residential uses, which are Residential or Apartment Residential district uses, while the applicant proposes residential uses on the first floor; and
WHEREAS, the Near East Area Commission recommends disapproval; and
WHEREAS, City Departments recommend approval because the request is consistent with recent mixed-use development projects in urban neighborhoods; and
WHEREAS, this ordinance requires separate submission for all applicable permits and 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 805 E. LONG ST. (43203), 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 3356.03, C-4 Permitted uses; and 3361.02, CPD Permitted uses, of the Columbus City Codes; is hereby granted for the property located at 805 E. LONG ST. (43203), insofar as said sections prohibit ground floor residential uses in the proposed CPD, Commercial Planned Development District; said property being more particularly described as follows:
805 E. LONG ST. (43203), being 0.86± acres located at the south east corner of East Long Street and North Garfield Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Half Section 13, Township 5, Range 22, Refugee Lands and being part of Lots 8, 9, 10 and 11 of T.W. Tallmadge’s Addition to The City of Columbus, recorded in Plat Book 1, Page 266, described in part as Parcels 1-6, inclusive, in a deed to Long Street Investors, LLC, of record in Instrument Number 201806190081416, described in part in a deed to 104 Garfield, LLC, of record in Instrument Number 201803120032901, and described in part in deeds to City of Columbus in Instrument Number 20100401003861 and Instrument Number 200607180139796, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows:
BEGINNING at the intersection of the existing east right-of-way for N. Garfield Avenue (50 feet wide - public) and the existing south right-of-way line for Long Street (70 feet wide - public), being the northwest corner of said Parcel 1;
Thence North 81 degrees 56 minutes 24 seconds East, along the existing south right-of-way line for Long Street and along the north lines of said Parcel 1, Parcel 3, City of Columbus tracts and Parcel 4, a distance of 240.44 feet to the intersection of the existing south right-of-way line for Long Street and the existing west right-of-way line for Talmadge Street (20 feet wide - public), being the northeast corner of said City of Columbus tract described in Instrument Number 200607180139796;
Thence South 04 degrees 02 minutes 03 seconds West, along the existing west right-of-way line for Talmadge Street and along the east lines of said City of Columbus tract and said Parcel 5, a distance of 166.26 feet to the southeast corner of said Parcel 5, being the southeast corner of said Lot 9 and being the northeast corner of said Lot 8;
Thence North 85 degrees 26 minutes 45 seconds West, along the south line of said Parcel 5, along south line of said Lot 9 and along the north line of said Lot 8, a distance of 81.07 feet to the northeast corner of said 104 Garfield tract;
Thence South 03 degrees 55 minutes 31 seconds West, along the east line of said 104 Garfield tract, a distance of 29.00 feet to the southeast corner of said 104 Garfield tract;
Thence North 85 degrees 26 minutes 45 seconds West, along the south line of said 104 Garfield tract, a distance of 153.84 feet to the southwest corner of said 104 Garfield tract, being on the existing east right-of-way line for N. Garfield Avenue;
Thence North 03 degrees 55 minutes 31 seconds East, along the existing east right-of-way line for N. Garfield Avenue, and along the west lines of said 104 Garfield tract, said Parcel 6, said Parcel 2 and said Parcel 1, a distance of 142.75 feet to the POINT OF BEGINNING for this description.
The above description contains a total area of 0.855 acres, of which:
0.086 acres is located within Franklin County Auditor’s parcel number 010-049607,
0.076 acres is located within Franklin County Auditor’s parcel number 010-004281,
0.068 acres is located within Franklin County Auditor’s parcel number 010-026172,
0.097 acres is located within Franklin County Auditor’s parcel number 010-008259,
0.105 acres is located within Franklin County Auditor’s parcel number 010-051794,
0.137 acres is located within Franklin County Auditor’s parcel number 010-049753,
0.087 acres is located within Franklin County Auditor’s parcel number 010-008259,
0.097 acres is located within Franklin County Auditor’s parcel number 010-042250,
0.102 acres is located within Franklin County Auditor’s parcel number 010-048133.
Bearings described herein are based on the bearing of North 81 degrees 56 minutes 24 seconds East for the south right-of-way line for E. Long Street, as measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution.
This description is intended for zoning purposes only.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a mixed-use development containing ground floor residential uses in the CPD, Commercial Planned Development District specified by Ordinance #3225-2021 (Z21-029).
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.