Explanation
Council Variance Application: CV21-026
APPLICANT: Thrive Companies; c/o Dave Perry, Agent; David Perry Company; 411 East Town Street, 1st Floor; Columbus, OH 43215, and Joseph M. Reidy, Atty.; Thrive Companies; 842 North Fourth Street, Suite 200; Columbus, OH 43215.
PROPOSED USE: Mixed residential development.
UNIVERSITY 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 #3165-2021; Z21-018) to the R-3, Residential District, ARLD, Apartment Residential District, AR-2, Apartment Residential District, AR-3, Apartment Residential District, and P-1, Private Parking District. The requested variances, organized by “parcel,” permit residential development, a private park, a private community center, and a parking lot as demonstrated on the submitted site plans. The requested variances are supportable as they do not represent any significant change to those previously granted with Ordinances #0364-2010 (CV09-036), #1047-2019 (CV15-050A), #1780-2017 (CV17-042), and #0578-2020 (CV19-123). This request is consistent with similar urban residential infill developments, and will not add incompatible uses to the neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3333.025, AR-2 apartment residential district use; 3312.09, Aisle; 3312.25, Maneuvering; 3312.27(3), Parking setback line; 3312.49(C), Minimum numbers of parking spaces required; 3321.05(A)(1)(B)(2), Vision clearance; 3325.905(A), Maximum Lot Coverage; 3325.907(B), Parking; 3325.911(C), Building Separation and Size; 3325.913, Maximum Floor Area Ratio (FAR); 3325.915, Height; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; 3333.21, Building lines; 3333.15(C), Basis of computing area; 3333.18(D)(1), Building lines; 3333.24, Rear yard; 3333.255, Perimeter yard; and 3371.02, Building lines in residential and apartment residential district, of the Columbus City Codes; for the property located at 1408 N. GRANT AVE. (43201), to permit a private park in the R-3, Residential District, a private community center in the AR-2, Apartment Residential District, and reduced development standards for a mixed residential development in the R-3, Residential District, ARLD, Apartment Residential District, AR-2, Apartment Residential District, AR-3, Apartment Residential District, and for a parking lot in the P-1, Private Parking District (Council Variance #CV21-026).
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WHEREAS, by application #CV21-026, the owner of property at 1408 N. GRANT AVE. (43201), is requesting a Council variance to permit a private park in the R-3, Residential District, a private community center in the AR-2, Apartment Residential District, and reduced development standards for a mixed residential development in the R-3, Residential District, ARLD, Apartment Residential District, AR-2, Apartment Residential District, AR-3, Apartment Residential District, and for a parking lot in the P-1, Private Parking District; and
The following variances apply to Parcel 1 (AR-2, Apartment Residential District):
WHEREAS, Section 3312.09, Aisle, requires an aisle width of 20 feet for two-way travel spaces, while the applicant proposes certain aisles to be divided by property lines, but the total combined aisle width shall meet or exceed the overall minimum width of 20 feet, and applicable easements shall be provided for use of the aisles; and
WHEREAS, Section 3312.25, Maneuvering, requires the maneuvering area for 90 degree parking spaces to be 20 feet, while the applicant proposes to reduce the required maneuvering area to between 2 feet and 12 feet due to proposed property lines in parking lot aisles, while all code required maneuvering shall be provided in the aisles with easements where applicable; and
WHEREAS, Section 3312.27(3), Parking setback line, requires a minimum parking setback line of 10 feet along North Grant Avenue, while the applicant proposes to reduce the parking setback lines to 7 feet for 2 parallel parking spaces at the south driveway; and
WHEREAS, Section 3312.49(C) Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, or 369 parking spaces for 264 units, while the applicant proposes a total of 292 spaces, a reduction of 77 spaces; and
WHEREAS, Section 3321.05(A)(1),Vision clearance, requires clear vision triangles of 10 feet at the intersection of a driveway and the street right-of-way, while the applicant proposes a reduced clear vision triangle for the driveway intersection with North Grant Avenue to 7 feet for a parallel parking space that is 7 feet from the property line on each side of the driveway; and
WHEREAS, Section 3333.18(D)(1), Building lines, requires a building line of no less than 10 feet along North Grant Avenue, while the applicant proposes a reduced building line of 7 feet on North Grant Avenue, inclusive of open porches, as shown on the submitted site plans; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of no less than 25 feet, while the applicant proposes a reduced perimeter yard of 10 feet along the eastern property line and 0 feet for pavement at the northern and southern property lines; and
The following variances apply to Parcel 2 (AR-2, Apartment Residential District):
WHEREAS, Section 3312.09, Aisle, requires an aisle width of 20 feet for two-way travel spaces, while the applicant proposes certain aisles to be divided by property lines, but the total combined aisle width shall meet or exceed the overall minimum width of 20 feet, and applicable easements shall be provided for use of the aisles; and
WHEREAS, Section 3312.25, Maneuvering, requires the maneuvering area for 90 degree parking spaces to be 20 feet, while the applicant proposes to reduce the required maneuvering area to between 2 feet and 12 feet due to proposed property lines in parking lot aisles, while all code required maneuvering shall be provided in the aisles with easements where applicable; and
WHEREAS, Section 3312.49(C) Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, or 162 parking spaces for 108 units, while the applicant proposes a total of 101 spaces, a reduction of 7 spaces; and
WHEREAS, Section 3333.18(D)(1), Building lines, requires a building line of no less than 10 feet along North Grant Avenue, while the applicant proposes a reduced building line of 7 feet on North Grant Avenue, inclusive of open porches, as shown on the submitted site plans; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of no less than 25 feet, while the applicant proposes a reduced perimeter yard of 10 feet along the eastern property line and 0 feet for pavement at the northern and southern property lines; and
The following variances apply to Parcel 3 (ARLD, Apartment Residential District):
WHEREAS, Section 3312.09, Aisle, requires an aisle width of 20 feet for two-way travel spaces, while the applicant proposes certain aisles to be divided by property lines, but the total combined aisle width shall meet or exceed the overall minimum width of 20 feet, and applicable easements shall be provided for use of the aisles; and
WHEREAS, Section 3312.25, Maneuvering, requires the maneuvering area for 90 degree parking spaces to be 20 feet, while the applicant proposes to reduce the required maneuvering area to between 2 feet and 12 feet due to proposed property lines in parking lot aisles, while all code required maneuvering shall be provided in the aisles with easements where applicable; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires that a 30 foot right angle clear vision triangle shall be maintained on each residential lot adjacent to a street intersection, while the applicant proposes a reduced clear vision clearance triangle at the northeast corner of the north/south and east/west portions of North Grant Avenue of 25 feet; and
WHEREAS, Section 3333.18(D)(1), Building lines, requires a building line of no less than 10 feet along north/south portion of North Grant Avenue and 25 feet along the east/west portion of North Grant Avenue, while the applicant proposes reduced building lines of 7 feet and 23 feet respectively, inclusive of open porches, as shown on the submitted site plans; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of no less than 25 feet, while the applicant proposes a reduced perimeter yard of 10 feet along the eastern property line and zero feet for pavement at the northern and southern property lines; and
The following variances apply to Parcel 4 (R-3, Residential District):
WHEREAS, Section 3332.035, R-3, residential district, permits public parks, playgrounds, and recreation facilities, while the applicant proposes a private park in the R-3, Residential District; and
The following variances apply to Parcel 5 (AR-3 Apartment Residential District):
WHEREAS, Section 3312.49(C) Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, or 63 parking spaces for 42 units, while the applicant proposes 23 spaces on Parcel 5, subject to 16 additional spaces being provided on Parcel 6 for the exclusive use of those units in Parcel 5, a reduction of 24 spaces; and
WHEREAS, Section 3333.15, Basis of computing area, permits a residential building to cover no more than 50 percent of the total lot area, while the applicant proposes an increased lot coverage of 65 percent; and
WHEREAS, Section 3333.18(D)(1), Building lines, requires a building line of no less than 25 feet along North Grant Avenue and West Fifth Avenue, while the applicant proposes reduced building lines of 10 feet along the north/south portion of North Grant Avenue and 15 feet along the east/west portion of North Grant Avenue and West 5th Avenue, as shown on the submitted site plans; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a reduced rear yard of 20 percent of the total lot area; and
The following variances apply to Parcel 6 (P-1, Private Parking District):
WHEREAS, Section 3371.02(C)(2), Building lines in residential and apartment residential districts, requires a parking setback line of 16 feet from North Grant Avenue, while the applicant proposes a reduced setback of 3 feet along North Grant Avenue; and
The following variances apply to Parcel 7 (AR-2, Apartment Residential District):
WHEREAS, Section 3333.025, AR-2, apartment residential district use, prohibits a private community center; while the applicant proposes a private community center for Grant Park residents, including off-site parcels; and
WHEREAS, 3325.905(A), Maximum Lot Coverage, requires that a building or combination of buildings, including any rear or side porch or roofed stairs but excluding any balcony, walkway, deck, front porch, carport or garage, shall cover no more than 30 percent of the lot area, while the applicant proposes an increased lot coverage of 42 percent; and
WHEREAS, Section 3325.907(B), Parking, requires 89 parking spaces for 48 units, while the applicant proposes 35 provided parking spaces on Parcel 7, subject to 14 spaces being located in Parcel 1 for the exclusive use of those units on Parcel 7, a reduction of 40 spaces; and
WHEREAS, Section 3325.911(C), Building Separation and Size, requires that no building shall exceed 10,200 square feet of calculated floor area, while the applicant proposes a building with calculated floor area of 17,658 square feet; and
WHEREAS, Section 3325.913, Maximum Floor Area Ratio (FAR), requires that the maximum total calculated floor area permitted on any lot shall be no greater than that determined by a 0.60 FAR, while the applicant proposes an increased FAR of 0.86; and
WHEREAS, Section 3325.915, Height, limits building height to 35 feet in the University District Zoning Overlay, and requires certain height limits for the front principal cornice/eave of a building, while the applicant proposes an increased maximum building height of 38 feet; and
WHEREAS, Section 3333.18(D)(1), Building lines, requires a building line of no less than 40 feet along East 11th Avenue and 10 feet along North Grant Avenue, while the applicant proposes reduced building lines of 10 feet for the proposed north building and 1 foot for the existing wall along East 11h Avenue and 1 foot from North Grant Avenue for the existing wall, as shown on the submitted site plans; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of no less than 25 feet, while the applicant proposes a reduced perimeter yard of 5 3 feet along the eastern property line and 0 feet for pavement at the southern property line; and
The following variances apply to Parcels 8 through 14 (R-3, Residential District):
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires that a 30 foot right angle clear vision triangle shall be maintained on each residential lot adjacent to a street intersection, while the applicant proposes reduced vision clearance triangles between 5 and 10 feet for existing houses on all corner lots; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a lot of no less than 50 feet wide, while the applicant proposes reduced lot widths of 28 feet; and
WHEREAS, Section 3332.13, R-3 Area District Requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of not less than 5,000 square feet in area, while the applicant proposes single-unit dwellings on individual lots that contain 2,350 feet pursuant to the lot area calculation in Section 3332.18(C); and
WHEREAS, Section 3332.21, Building lines, requires a minimum setback from the right-of-way line of 25 feet, while the applicant proposes a reduced setback of 10 feet from North Grant Avenue, subject to open porches being a minimum of 4 feet from North Grant Avenue, as shown on the submitted site plans; and
WHEREAS, the University Area Commission recommends approval, and
WHEREAS, the City Departments recommend approval because the variances will allow mixed residential development that is consistent with other recent urban infill developments, and will not add incompatible uses to the neighborhood; 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 1408 N. GRANT AVE. (43201), 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; 3333.025, AR-2 apartment residential district use; 3312.09, Aisle; 3312.25, Maneuvering; 3312.27(3), Parking setback line; 3312.49(C), Minimum numbers of parking spaces required; 3321.05(A)(1)(B)(2), Vision clearance; 3325.905(A), Maximum Lot Coverage; 3325.907(B), Parking; 3325.911(C), Building Separation and Size; 3325.913, Maximum Floor Area Ratio (FAR); 3325.915, Height; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; 3333.21, Building lines; 3333.15(C), Basis of computing area; 3333.18(D)(1), Building lines; 3333.24, Rear yard; 3333.255, Perimeter yard; and 3371.02, Building lines in residential and apartment residential district, of the Columbus City Codes, is hereby granted for the property located at 1408 N. GRANT AVE. (43201), to:
a) permit certain aisles be divided by property lines, subject to the combined total aisle width being a minimum width of 20 feet; reduced maneuvering area from 20 feet to between 2 feet and 12 feet due to proposed property lines in parking lot aisles; reduced parking setback lines along North Grant Avenue from 10 to 7 feet; a reduction in required number of parking spaces from 369 to 292 spaces; a reduced clear vision triangle from 10 to 7 feet for the driveway intersection with North Grant Avenue; reduced building lines from 10 to 7 feet, including open porches, along North Grant Avenue; and reduced perimeter yard from 25 to 10 feet along the eastern property line and 0 feet for pavement along the northern and southern property lines, in Parcel 1;
b) permit certain aisles be divided by property lines, subject to the combined total aisle width being a minimum width of 20 feet; reduced maneuvering area from 20 feet to between 2 feet and 12 feet due to proposed property lines in parking lot aisles; a reduction in required number of parking spaces from 162 to 101 spaces; a reduced building line from 10 to 7 feet along North Grant Avenue; and reduced perimeter yard from 25 to 10 feet along the eastern property line and 0 feet for pavement along the northern and southern property lines, in Parcel 2;
c) permit certain aisles be divided by property lines, subject to the combined total aisle width being a minimum width of 20 feet; reduced maneuvering area from 20 feet to between 2 feet and 12 feet due to proposed property lines in parking lot aisles; reduced vision clearance from 30 to 25 feet at the northeast corner of the north/south and east/west portions of North Grant Avenue; reduced building line along the north/south portion of North Grant Avenue from 10 to 7 feet and along the eastern/western portion of North Grant Avenue from 25 to 23 feet; and a reduced perimeter yard from 25 to 10 feet along the eastern property line and 0 feet for pavement along the northern and southern property lines, in Parcel 3;
d) permit a private park in the R-3, Residential District, in Parcel 4;
e) permit a reduction in required parking spaces from 63 to 23 spaces, subject to 16 additional spaces being provided on Parcel 6 for the exclusive use of those units in Parcel 5; increased lot coverage from 50 to 65 percent; reduced building line from 25 to 10 feet along the north/south portion of North Grant Avenue and 25 to 15 feet along the east/west portion of North Grant Avenue and West 5h Avenue; and a reduced rear yard from 25 to 20 percent, in Parcel 5;
f) permit a reduced parking setback from 16 to 3 feet along North Grant Avenue in the P-1, Private Parking District, in Parcel 6, with parking spaces being used exclusively for the units in Parcel 5;
g) permit a private community center for the Grant Park development in the AR-2, Apartment Residential District; increased lot coverage from 30 to 42 percent; a parking reduction from 89 to 49 spaces, subject to 14 spaces being located in Parcel 1 for the exclusive use of those units on Parcel 7; increased building size from 10,200 to 17,658 square feet; increased FAR from 0.60 to 0.86; increased building height from 35 to 38 feet; reduced building line along East 11th Avenue from 40 to 10 feet for the north building and to 1 foot for the existing wall, and along North Grant Avenue from 10 feet to 1 foot for the existing wall; and a reduced perimeter yard from 25 to 53 feet along the eastern property line and 0 feet for pavement along the southern property line, in Parcel 7;
h) permit reduced clear vision triangles for existing houses on all corner lots from 30 feet to between 5 and 10 feet; reduced lot width from 50 to 28 feet; reduced lot area from 5,000 to 2,350 square feet; and reduced building line along North Grant Avenue from 25 to 10 feet, subject to the setback of an open porch being a reduced to 4 feet, in Parcels 8 through 14;
Said property being more particularly described as follows:
1408 N. GRANT AVE. (43201), being 20.74± acres located generally on the east and west sides of North Grant Avenue between East 5th Avenue and East 11th Avenue, and being more particularly described as follows:
(SEE ATTACHMENT FILE ORD3166-2021_LEGAL_DESCRIPTIONS)
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a private park in the R-3, Residential District, a private community center in the AR-2, Apartment Residential District, and mixed residential development and a parking lot as demonstrated with the submitted site plans, or those uses permitted in the R-3, Residential District, ARLD, Apartment Residential District, AR-2, Apartment Residential District, AR-3, Apartment Residential District, and P-1, Private Parking District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plans titled, "ZONING SITE PLAN CV21-026; SHEETS 1-8," all dated November 16, 2021, and signed by David B. Perry, Agent for the Applicant and Joseph M. Reidy 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 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.