Explanation
Council Variance Application: CV24-113
APPLICANT: HAMM Holdings, LLC c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 120; New Albany, OH 43054.
PROPOSED USE: Apartment building.
NORTHEAST AREA COMMISSION 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 #3589-2024; Z24-014) to the AR-1, Apartment Residential District. A variance to reduce building lines along Sunbury Road and McCutcheon Road is proposed for a 30-unit apartment building. The request includes a site plan that is compatible with nearby uses, locates a multi-unit residential use along a major corridor, and places parking behind and to the side of the building, consistent with The Northeast Area Plan’s (2007) design guidelines.
Title
To grant a Variance from the provisions of Section 3333.18, Building lines, of the Columbus City Codes; for the property located at 3622 SUNBURY RD. (43026), to allow reduced building setback lines for an apartment building in the AR-1, Apartment Residential District (Council Variance #CV24-113).
Body
WHEREAS, by application #CV24-113, the owner of property at 3622 SUNBURY RD. (43026), is requesting a Council variance to allow reduced building setback lines for an apartment building in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.18, Building lines, requires minimum building setback lines of 50 feet along Sunbury Road and McCutcheon Road, while the applicant proposes reduced building setback lines of 25 feet from both frontages; and
WHEREAS, the City Departments recommend approval because the requested variance will provide more housing units consistent with the City’s objectives, and, and includes a site design that reflects the Northeast Area Plan’s design guidelines; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed 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 3622 SUNBURY RD. (43026), 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 Section 3333.18, Building lines, of the Columbus City Codes, is hereby granted for the property located at 3622 SUNBURY RD. (43026), insofar as said section prohibits reduced building setback lines from 50 feet to 25 feet along Sunbury Road and McCutcheon Road; said property being more particularly described as follows:
3622 SUNBURY RD. (43026), being 1.2± acres located at the southeast corner of Sunbury Road and McCutcheon Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter Township 2, Township 1, Range 17, United States Military Lands and containing 1.2+/- acres of land, more or less, said 1.2+/- acres being part of that 2.992 acre tract of land conveyed to Faisal Ilyas of record in Instrument Number 202407030066250, said 1.2+/- acres more particularly described as follows:
Beginning, at the southeasterly corner of said 2.992 acre tract, being the northeasterly corner of a
1.120 acre tract of land conveyed to Cricket Holdings, LLC of record in 201707030090166 and being in the westerly line of a 1.274 acre tract of land conveyed to Destiny Thompson of record in Instrument Number 201111180151289;
Thence N 86° 12’ 18” W, along the southerly line of said 2.992 acre tract and the northerly line of said 1.120 acre tract, 305.3 feet+/- to a point;
Thence across said 2.992 acre tract, the following three (3) courses:
N 07° 33’ 18” E, 187.3 feet+/- to an angle point;
with a curve to the left, having a central angle of 10° 13’ 33” and a radius of 587.35 feet, an arc length of 104.83 feet, a chord bearing and chord distance of S 81° 49’ 40” E, 104.7 feet+/- to a point;
S 85° 36’ 33” E, 193.3 feet+/- to a point in the easterly line of said 2.992 acre tract and the westerly line of said 1.274 acre tract;
Thence, S 05° 03’ 48” W, along said common line, 176.8 feet+/- to the True Point of Beginning. Containing 1.2+/- acres.
The above description was prepared by Advanced Civil Design Inc. on August 27, 2024 and is based on information obtained from the Franklin County Auditor’s and Franklin County Recorder’s Office.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
Tax Parcel No: 010-104686
Property Address: 3622 Sunbury Road; Columbus, OH 43026
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses permitted in the AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "DEVELOPMENT PLAN," and building elevations titled "BUILDING ELEVATIONS," both dated December 16, 2024, and signed by Eric Zartman, 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 adjustment to the plans 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 development.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.