Explanation
Council Variance Application: CV22-062
APPLICANT: Livingston Limited, LLC; c/o Jeffrey L. Brown, Atty.; 172 East State Street, Suite #550; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #0377-2026; Z22-050) from the R, Rural District to the AR-3, Apartment Residential District. The applicant proposes a multi-unit residential development containing up to 435 apartment units. Variances for reduced landscaping and screening, building and parking setbacks, required parking, rear yard, and perimeter yard, and increased lot coverage are included in this request. The variances are supportable as they are consistent with similar multi-unit residential developments within urban areas of the city, including the nearby Fifth by Northwest neighborhood. Staff notes the site is planned to be developed in three phases, Phase 1, Phase 1A, and Phase 2, with the variance citations specified for each phase.
Title
To grant a Variance from the provisions of Sections 3312.21(B), Landscaping and screening; 3312.27(1), Parking setback line; 3312.49(C), Required parking; 3333.15, Basis of computing area; 3333.18, Building lines; 3333.24, Rear yard; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 824 KINNEAR RD. (43212), to allow reduced developments standards for a multi-unit residential development in the AR-3, Apartment Residential District (Council Variance #CV22-062).
Body
WHEREAS, by application #CV25-022, the owner of property at 824 KINNEAR RD. (43212), is requesting a Council variance to allow reduced developments standards for a multi-unit residential development in the AR-3, Apartment Residential District; and
WHEREAS, Section 3312.21(B), Landscaping and screening, requires that screening be provided for parking lots located within 80 feet of residentially zoned property and abutting any public street to screen for headlights, while the applicant proposes no parking lot screening along the eastern and western property lines for Phase 1, and along the northern, eastern, and western property lines for Phase 1A; and
WHEREAS, Section 3312.27(1), Parking setback line, requires the parking setback line to be 25 feet along public streets, while the applicant proposes a reduced parking setback of three feet along Kinnear Road for Phase 1 and zero feet along Kinnear Road for Phase 1A; and
WHEREAS, Section 3312.49(C), Required parking, requires 653 spaces for a multi-unit residential development containing a total 435 dwelling units, while the applicant proposes 334 spaces for Phase 1 and 212 spaces for Phase 2, a total of 546 spaces; and
WHEREAS, Section 3333.15, Basis of computing area, limits buildings from occupying more than 50 percent of the lot area, while the applicant proposes an increased lot coverage of 82 percent for Phase 2; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 50 feet along Kinnear Road, while the applicant proposes a reduced building line of three feet along Kinnear Road for Phase 1, and two feet along Kinnear Road for Phase 2; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard of 25 percent of lot area per building, while the applicant proposes a reduced rear yard of 4.7 percent for Phase 2; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of 25 feet for an apartment complex or multiple dwelling development, while the applicant proposes the following reduced perimeter yards for Phase 1: three feet along the eastern property line, five feet along the western property line, and zero feet along the southern property line; and a reduced perimeter yard of two feet along the western property line for Phase 1A; and
WHEREAS, the City Departments recommend approval of the requested variances because they are consistent with similar multi-unit residential infill development in urban areas of the city; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed multi-unit residential 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 824 KINNEAR RD. (43212), 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 3312.21(B), Landscaping and screening; 3312.27(1), Parking setback line; 3312.49(C), Required parking; 3333.15, Basis of computing area; 3333.18, Building lines; 3333.24, Rear yard; and 3333.255, Perimeter yard, of the Columbus City Codes; are hereby granted for the property located at 824 KINNEAR RD. (43212), insofar as said sections prohibit no parking lot screening along the eastern and western property lines for Phase 1, and along the northern, eastern, and western property lines for Phase 1A; reduced parking setbacks from 25 to three feet and zero feet along Kinnear Road for Phase 1 and Phase 1A, respectively; reduced required parking of 334 spaces and 212 spaces for Phase 1 and Phase 2, respectively; increased lot coverage from 50 to 82 percent for Phase 2; reduced building lines from 50 to three feet and two feet along Kinnear Road for Phase 1 and Phase 1A, respectively; reduced rear yard from 25 to 4.7 percent for Phase 2; and reduced perimeter yards from 25 to three, five, and zero feet for the eastern, western, and southern perimeter yards for Phase 1, and from 25 to two feet for the western perimeter yard for Phase 1A; said property being more particularly described as follows:
824 KINNEAR RD. (43212), being 7.7± acres located on the north side of Kinnear Road, 900± feet west of Olentangy River Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Clinton, lying in Quarter Township 3, Township 1 North, Range 18 West, United States Military District, being over Lots 3 and 4 of that subdivision titled “J.O. Lisle Subdivision” of record in Plat Book 5, Page 431, and being comprised of part of that 1.547 acre tract conveyed to Livingston Limited, Inc. by deed of record in Official Record 3376G20, part of that tract conveyed to Livingston Limited, Inc. by deed of record in Deed Book 312, Page 162, and Official Record 02525F03, part of that 4.837 acre tract conveyed to Storage Equities/PS Partners III-Mid-Ohio by deed of record in Official Record 9989H03, and that part of that 0.366 acre tract conveyed to City of Columbus by deed of record in Instrument Number 200408230196801 (all references are to the records of the Recorder’s Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning, for reference, in the centerline of Kinnear Road (width varies) at the southwesterly corner of said 1.547 acre tract, and the southeasterly corner of that 3.295 acre tract conveyed to State of Ohio for the use and benefit of The Ohio State University by deed of record in Official Record 23293H02;
Thence, northerly, crossing said Kinnear Road, with the line common to said 1.547 and 3.295 acre tracts, a distance of approximately 30 feet to an angle point in the existing corporation line of City of Columbus as established in Ordinance Number 239-86 of record in Official Record 7042C15, in the northerly right-of-way line of said Kinnear Road, the TRUE POINT OF BEGINNING;
Thence, northerly, with said existing corporation line, a westerly line of said Livingston Limited, Inc. tracts, the easterly line of said 3.295 acre tract, and the easterly line of that 0.320 acre tract conveyed to The State of Ohio for the use of The Ohio State University by deed of record in Instrument Number 199904260102543, a distance of approximately 520 feet to an angle point in said existing corporation line, the common corner of said Livingston Limited, Inc. tract and said 0.320 acre tract, in the southerly line of that 5.23 acre tract conveyed to Board of Trustees of The Ohio State University by deed of record in Deed Book 2714, Page 273;
Thence easterly, with said corporation line, a line common to said Livingston Limited, Inc. tract and said 5.23 acre tract, a distance of approximately 114 feet to an angle point in said corporation line, the common corner of said Livingston Limited, Inc. tract, and said 5.23 acre tract;
Thence northerly, with said corporation line, a line common to said Livingston Limited, Inc. tract and said 5.23 acre tract, a distance of approximately 12 feet to a common corner of said Livingston Limited, Inc. tract, and that 4.837 acre tract conveyed to Storage Equities / PS Partners III-Mid-Ohio by deed of record in Official Record 9989H03;
Thence with the line common to said Livingston Limited, Inc. tract, and said 4.837 acre tract, the following courses and distances:
Easterly, a distance of approximately 153 feet to a point;
Easterly, a distance of approximately 172 feet to a point;
Southeasterly, a distance of approximately 70 feet to a point;
Southeasterly, a distance of approximately 94 feet to a point;
Southerly, a distance of approximately 266 feet to a point;
Southerly, a distance of approximately 73 feet to a point; and
Southerly, a distance of approximately 84 feet to a point in said northerly right-of-way line;
Thence easterly, with said northerly right-of-way line and across said 4.837 acre tract, a distance of approximately 52 feet to a point in the existing corporation line of City of Columbus as established in Ordinance Number 2005-03 of record in Instrument Number 200312020382919 in the easterly line of said 4.837 acre tract;
Thence southerly, with said corporation line and with the easterly line of said 4.837 and 0.366 acre tracts, a distance of approximately 73 feet to an angle point in said corporation line;
Thence westerly, with said corporation line, a distance of approximately 342 feet to an angle point in said corporation line at a common corner of that 1.189 acre tract conveyed to Simon Kenton Council, Boy Scouts of America by deed of record in Instrument Number 201203010028697 and said 0.366 acre tract, at the northeasterly corner of Lot 265 of that subdivision titled “University View Subd’n No. 2” of record in Plat Book 21, Page 10;
Thence northerly, crossing said Kinnear Road with a westerly line of said 0.366 acre tract, a distance of approximately 31 feet to a point in said Kinnear Road centerline at a northwesterly corner of said 0.366 acre tract;
Thence northerly, continuing across said Kinnear Road and across said Livingston Limited, Inc. tract, a distance of approximately 40 feet to a point in said northerly right-of-way line;
Thence westerly, with said northerly right-of-way line and across said Livingston Limited, Inc. tracts, the following courses and distances:
Westerly, a distance of approximately 16 feet to a point;
Southerly, a distance of approximately 10 feet to a point;
Westerly, a distance of approximately 144 feet to a point;
Northerly, a distance of approximately 10 feet to a point;
Westerly, a distance of approximately 200 feet to a point;
Southerly, a distance of approximately 10 feet to a point; and
Westerly, a distance of approximately 30 feet to the TRUE POINT OF BEGINNING, containing 7.67 acres, more or less.
Parcel Numbers: 420-307999 and 420-308000.
Property Address: 824 Kinnear Road; Columbus, OH 43235.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with those uses in the AR-3, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plans titled “LIVINGSTON SEED PHASE 1 SITE PLAN,” and “LIVINGSTON SEED PHASE 2 SITE PLAN,” both dated June 2 2026, and signed by Jeffrey L. Brown, 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 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 following traffic-related commitments:
1. An eastbound left turn lane with a length of 100 feet (including a 50-foot diverging taper) shall be constructed at the west site access point to Kinnear Road.
2. Widening and implementation of a two-way left turn lane shall be constructed between the west site access point to Kinnear Road and the intersection of Kinnear Road and Lennox Flats Drive.
3. The developer shall be responsible for executing an agreement with the Franklin County Engineer’s Office for a developer contribution of $90,676.07 as a fee in lieu of constructing a westbound right turn lane at the west site access point to Kinnear Road within unincorporated right-of-way.
4. A contribution of $96,650.63 shall be paid to the City of Columbus in lieu of right turn lane construction at the middle site access point to Kinnear Road within City of Columbus right-of-way.
5. Upon development of more than 238 dwelling units, access realignment may be necessary based on access management, safety, and an updated traffic access study performed at such time. The Franklin County Engineer’s Office, or corresponding jurisdiction, holds the right to remove, restrict, or adjust the initial site access points if they become a matter of public safety.
6. Utilization of the east access point to Kinnear Road by this site shall be limited to emergency and service vehicles only.
7. A gate or similar physical control shall be installed to prevent residents from using any existing or proposed connections to the east access point to Kinnear Road.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.