Explanation
Council Variance Application CV23-031
APPLICANT: G & F QOZB; c/o David 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: Eight-unit apartment building.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two undeveloped parcels in the R-3, Residential District. The requested Council variance will allow the development of an eight-unit apartment building. A Council variance is required because the R-3 district only allows single-unit dwellings. Variances to building height, parking lot landscaping, reduced minimum parking (from 12 required to 10 provided spaces), building line, and side yards are included in the request. The proposed use is consistent with the Near East Area Plan (2005), which recommends “Lower and Medium Density Residential” land uses at this location. The Plan further states that proposed residential development should be consistent with the housing types and densities of the surrounding area. Staff supports the requested variances as the site design is consistent with surrounding residential buildings, and other apartment buildings with similar densities are in the vicinity.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3309.14(A), Height districts; 3312.21(D)(1), Landscaping and screening; 3312.49, Minimum number of parking spaces required; 3332.21(E), Building lines; 3332.25, Maximum side yards required; and Section 3332.26, Minimum side yard permitted, of the Columbus City Codes; for the property located at 325 TAYLOR AVE. (43203) to allow an eight-unit apartment building in the R-3, Residential District (Council Variance #CV23-031).
Body
WHEREAS, by application #CV23-031, the owner of property at 325 TAYLOR AVE. (43203), is requesting a Council variance to allow an eight-unit apartment building in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, lists single-unit dwellings as the only allowable residential use, while the applicant proposes to develop an eight-unit apartment building on two undeveloped parcels which will be combined; and
WHEREAS, Section 3309.14(A), Height districts, specifies in a 35-foot height district no building or structure shall be erected to a height in excess of 35 feet, while the applicant proposes a maximum building height of 39 feet for gabled roof features; and
WHEREAS, Section 3312.21(D)(1), Landscaping and screening, requires parking lot headlight screening within an area with minimum width of four feet, while the applicant proposes a parking lot headlight screening width of two feet; and
WHEREAS, Section 3312.49, Minimum number of parking spaces required, requires 1.5 parking spaces per dwelling unit, or 12 spaces, while the applicant proposes 10 parking spaces; and
WHEREAS, Section 3332.21(E), Building lines, requires a minimum building setback of 10 feet along Taylor Avenue, while the applicant proposes to reduce the minimum building setback to 4 feet; and
WHEREAS, Section 3332.25, Maximum side yards required, requires a maximum side yard of 15.4 feet, while the applicant proposes to reduce the required maximum side yard to 11.5 feet; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of 1/6 the height of the proposed building, or 6.5 feet, while the applicant proposes to reduce the minimum side yard to 1.5 feet along the south property line, and to 4 feet along the north property line for the dumpster; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the request is consistent with surrounding housing types and densities, and does not introduce an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 325 TAYLOR AVE. (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 3332.035, R-3 residential district; 3309.14(A), Height districts; 3312.21(D)(1), Landscaping and screening; 3312.49, Minimum number of parking spaces required; 3332.21(E), Building lines; 3332.25, Maximum side yards required; and Section 3332.26, Minimum side yard permitted, of the Columbus City Codes, is hereby granted for the property located at 325 TAYLOR AVE. (43203), insofar as said sections prohibit an eight-unit apartment building in the R-3, Residential District, with an increased building height from 35 to 39 feet; reduced parking lot landscaping area from four to two feet; reduced number of parking spaces from 12 to 10 spaces; reduced building line from 10 to 4 feet along Taylor Avenue; reduced maximum side yard from 15.4 to 11.5 feet; and reduced minimum side yards from 6.5 to 1.5 feet along the south property line, and 4 feet along the north property line for the dumpster; said property being more particularly described as follows:
325 TAYLOR AVE. (43203), being 0.20± acres located on the east side of Taylor Avenue; 160± feet south of Mt. Vernon Avenue, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, State of Ohio, as is described as follows:
Being Lot Number Five (5) and Lot Number Six (6) of MAGGIE J. JOLLY’S SUBDIVISION, to said City as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 377, Recorder’s Office, Franklin County, Ohio.
AND
Situated in the State of Ohio, County of Franklin, City of Columbus, Half Section 14, Township 5, Range 22, Refugee Lands and being 0.031 acres of land shown as a 10’ ALLEY in MAGGIE J. JOLLY’S SUBDIVISION OF LOTS 1-5 OF SCOTT’S SUBDIVISION of record in Plat Book 4, Page 377 in the Recorder’s Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a mag nail set at the southeasterly corner of Lot 1 of said subdivision, on the westerly right-of-way line of Taylor Ave (50’ wide right-of-way, originally dedicated as Reed Ave. in P.B. 3, Pg. 217), located South 03° 52’ 18” West 149.16 feet from the intersection of the southerly right-of-way line of Mt. Vernon Ave. (50’ wide right-of-way, originally dedicated as Nelson Ave. in P.B. 3, Pg. 217) with the westerly right-of-way line of Taylor Ave;
Thence South 03° 52’ 18” West 10.00 feet along the westerly right-of-way line of Taylor Ave. to an iron pin set at the northeasterly corner of Lot 5 of said subdivision;
Thence North 86° 07’ 42” West 128.12 feet, along a northerly line of said Lot 5 and the southerly line of said 10’ ALLEY (named E. Market St. by Ord. 27958 dated April 20, 1914) to a mag nail set;
Thence South 48° 52’ 18” West 7.07 feet, continuing along a northerly line of said Lot 5 and the southerly line of said 10’ ALLEY to a mag nail set on the easterly right-of-way line of a 10’ ALLEY (originally dedicated as 20’ Alley in P.B.3, Pg. 217);
Thence North 03° 52’ 18” East 20.00 feet along the easterly right-of-way line of the 10’ ALLEY to a mag spike set at a corner of Lot 4 of said subdivision;
Thence South 41° 07’ 42” East 7.07 feet, along a line of said Lot 4, to a mag spike set;
Thence South 86° 07’ 42” East 128.12 feet, along the southerly lines of Lots 1-4 inclusive in said subdivision, and the northerly right-of-way line of said 10’ ALLEY, to the point of beginning, containing 0.031 acres of land, more or less, subject to any easements, restrictions or rights-of-way of previous record.
Parcel Nos.: 010-022018 & 010-049193
Street Address: 325 Taylor Ave., Columbus, OH 43203.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an eight-unit apartment building, 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 site plan titled, "ZONING SITE PLAN," dated July 13, 2023, and signed by David B. Perry, Agent for the Applicant and Donald Plank, Attorney for the Applicant. The plans 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 adjustments to the plans shall be subject to review and approval by the Director of the Department 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 upon 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.