Explanation
Council Variance Application: CV23-050
APPLICANT: Metro Development, LLC; c/o Jeffery L. Brown, Atty.; Smith and Hale, LLC; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Apartment complex.
GREATER SOUTH EAST 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 #0127-2025; Z23-032) to the L-AR-1, Limited Apartment Residential District. Two additional parcels will be included in the overall development site upon annexation, and this Council Variance Application will be amended to incorporate that property which is labeled as Phase 2 on the site plan included with Z23-032, containing 3.5± acres. The requested Council variance is supported because the increase in garage height is consistent with similar requests granted for apartment complex developments to allow a roof pitch on detached garage buildings that better matches the proposed apartment buildings.
Title
To grant a Variance from the provisions of Section 3333.35(G), Private garage, of the Columbus City Codes; for the property located at 5656 BIXBY RD. (43110), to allow increased garage height in the L-AR-1, Limited Apartment Residential District (Council Variance #CV23-050).
Body
WHEREAS, by application #CV24-050, the owner of property at 5656 BIXBY RD. (43110), is requesting a Council variance to allow reduced lot size for single-unit dwellings in the R, Rural District; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of private detached garages to 15 feet, while the applicant proposes to increase the allowable height to 16 feet; and
WHEREAS, the City Departments recommend approval because the request is consistent with similar requests granted for apartment complex developments to allow a roof pitch on detached garage buildings that better matches the proposed apartment buildings; 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 5656 BIXBY RD. (43110), 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 3333.35(G), Private garage, of the Columbus City Codes, is hereby granted for the property located at 5656 BIXBY RD. (43110), insofar as said section prohibits an increase in detached private garage height from 15 feet to 16 feet; said property being more particularly described as follows:
5656 BIXBY RD. (43110), 22.30± acres located on the north side of Bixby Road, northeast of the intersection with US Route 33, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Madison, being part of Section 14, Township 11, Range 21, Congress Lands and containing 25.8+/- acres of land, more or less, said 25.8+/- acres being part of an Original 33.32 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 201609060119019, all of a 22.285 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 202307260075053 and being part of a tract of land described a Parcel 54-WD as shown on FRA-33-(26.21-30.13), said 25.8+/- acres more particularly described as follows:
Beginning for Reference, at the southwesterly corner of Section 14, being the northwesterly corner of Section 23, being the northeasterly corner of Section 22, being the southeasterly corner of Section 15 and being in the right-of-way Bixby Road and U.S. Rt. 33 (Columbus-Lancaster Road) as shown on the O.D.O.T. plans FRA-33-(26.21-30.13);
Thence N 04° 24’ 22” E, along the westerly line of said Section 14, along the easterly line of said Section 15 and across the right-of-way of said U.S. Route 33 (Columbus-Lancaster Road), 384.7 feet+/- to a point in the northeasterly LA/RW line of said U.S. Rt. 33 (Columbus-Lancaster Road), being the southwesterly corner of said 22.285 acre tract and being at a southerly corner of an Original 106.059 acre tract of land conveyed to Lee Smith Farms, LLC of record in Instrument Number 200405200116536, the True Point of Beginning;
Thence along the common lines of said 22.285 acre tract and said Original 106.059 acre tract, the following two (2) courses;
N 04° 24’ 22” E, 725.3 feet+/- to an angle point;
S 85° 35’ 38” E, 1308.0 feet+/- to an angle point at a common corner thereof and being in the westerly line of a 43.318 acre tract of land described as Parcel 2 and conveyed to Cobelton Bachman, LLC of record in Instrument Number 200303050066174;
Thence S 04° 24’ 22” W, along the easterly line of said 22.285 acre tract and said Parcel 54-WD and along the westerly line of said Parcel 2 and a tract of land described as Parcel 62-A as shown on the O.D.O.T. plans FRA-33-(26.21-30.13), 1016.8 feet+/- to an angle point;
Thence across said Parcel 54-WD and said Original 33.32 acre tract and along the common line of said 22.285 acre tract and said Parcel 54-WD, the following six (6) courses;
N 86° 11’ 32” W, 454.3 feet+/- to a point of curvature;
with a curve to the left, having a central angle of 02° 38’ 32” and a radius of 2964.80 feet, an arc length of 136.73 feet, a chord bearing and chord distance of N 45° 33’ 08” W, 136.7 feet+/- to a point of curvature;
with a curve to the left, having a central angle of 51° 49’ 11” and a radius of 403.54 feet, an arc length of 364.98 feet, a chord bearing and chord distance of N 39° 24’ 28” W, 352.7 feet+/- to a point;
S 70° 37’ 50” W, 81.1 feet+/- to an angle point;
S 85° 43’ 43” W, 385.7 feet+/- to an angle point;
N 43° 29’ 05” W, 66.6 feet+/- to the True Point of Beginning. Containing 25.8+/- acres.
The above description was prepared by Advanced Civil Design Inc. on December 12, 2023 and is based on information obtained from the Franklin County Auditor’s and Franklin County Recorder’s Office and information from an actual field survey performed by Advanced Civil Design, Inc. in December of 2022.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
Less than and excepting therefrom:
Situated in the State of Ohio, County of Franklin, Township of Madison, being part of Section 14, Township 11, Range 21, Congress Lands and containing 3.5± acres of land, more or less, said 3.5± acre tract being part of the remainder tract of an Original 33.32 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 201609060119019 and being all of a 2.731 acre vacation of Parcel 54-WD as shown in Road Record 37, Page 47, said 3.5± acres more particularly described as follows:
Beginning for Reference at a Franklin County Monument found, “FCGS 9944”, being at the southwesterly corner of Section 14 and a southwesterly corner of 2.584 acre tract of land described as Parcel 4-WD and conveyed to the Franklin County Commissioners of record in Instrument Number 202408160082823, being the northwesterly corner of Section 23, being the northeasterly corner of Section 22, being the southeasterly corner of Section 15, being in the right-of-way of Bixby Road (R/W-Varies) and U.S. Rt. 33 (R/W-Varies) (Columbus-Lancaster Road) as shown on the O.D.O.T. plans FRA-33-(26.21-30.13) and being N85°36’02”W, 2700.52’ from a found Franklin County Monument “FCGS 5106”;
Thence N 04° 24’ 22” E, along the westerly line of said Section 14 and said portion of said 2.584 acre tract and a 2.74 acre tract of land Highway Easement known as Parcel No. 54-LA of record in CCP#213730, along the easterly line of said Section 15 and across the right-of-way of said U.S. Route 33 (Columbus-Lancaster Road), 384.7± feet to an O.D.O.T. monument found at an angle point in the northeasterly LA/RW line of said U.S. Rt. 33 (Columbus-Lancaster Road), being the southerly corner of an Original 106.059 acre tract of land conveyed to Lee Smith Farms, LLC of record in Instrument Number 200405200116536, being the northerly corner of said 2.584 acre tract, being the southwesterly corner of a 1.710 acre tract of land described as Parcel 1-WD and conveyed to the Franklin County Commissioners of record in Instrument Number 202408160082823, being the southwesterly Corporation Line of the City of Columbus (Case No. 8-00, Ord. No. 1509-00, I.N. 200009130184750), being the northerly corner of said portion of said remainder tract and being the northeasterly line of Madison Township;
Thence S 43° 29’ 05” E, along the southwesterly line of said 1.710 acre tract, along said northeasterly LA/RW and said 2.584 acre tract and along a new City of Columbus Corporation Line (Case No. #ANX-24-23, Ord. No. 2427-2023, I.N. 202311010114473), 66.6± feet to an angle point thereof and being at the northwesterly corner of a 6.11 acre tract of land conveyed to the Board of County Commissioners of Franklin County, Ohio, by deed recorded in Deed Book 3078, Page 46, originally appropriated to the State of Ohio as part of a 5.88 acre tract of land designated as Parcel 54-WD (FRA-33-(26.21-30.13)) in Franklin County Court of Common Pleas Case No. 213730;
Thence along the southerly line of said 1.710 acre tract and along the northerly line of said Parcel No. 54-WD and continuing along said Corporation Line (Case No. #ANX-24-23, Ord. No. 2427-2023, I.N. 202311010114473), the following two (2) courses;
N 85° 43’ 43” E., 385.7± feet to an angle point;
N 70° 37’ 50” E, 81.1± feet to a point at the current northeasterly corner of said Parcel 54-WD, the easterly corner of said 1.710 acre tract, a southerly line of an Original 22.285 acre tract of land conveyed to Michael P. Barr of record in Instrument Number 202307260075053 and being the northwesterly corner of said 2.731 acre (1.441 Ac.) vacation tract, the True Point of Beginning;
Thence along southerly line of said Original 22.285 acre tract, the northerly line of said 2.731 acre (1.441 Ac.) vacation tract and continuing along said Corporation Line, the following five (5) courses;
N 70° 37’ 50” E, 31.1± feet to an angle point
S 84° 04’ 53” E, 224.5± feet to an angle point;
S 64° 01’ 42” E, 110.3± feet to an angle point;
S 63° 48’ 14” E, 472.3± feet to an at angle point;
S 62° 15’ 37” E, 9.9± feet to the southeasterly corner of said 22.285 acre tract, being in the westerly line of a 43.318 acre tract of land conveyed as Parcel 2 to Cobleton Bachman, LLC of record in Instrument Number 200303050066174 and being the northwesterly corner of a 1.00 acre Highway Easement designated as 62-A (FRA-33-(26.21-30.13)) conveyed as part of a 2.55 acre easement tract to the Board of Commissioners of Franklin County, Ohio, by deed recorded in Deed Book 3078, Page 46, originally conveyed to the State of Ohio by deed of record in Deed Book 2370, Page 509;
Thence S 04° 24’ 22” W, along the easterly line of said 2.731 acre vacation tract and along the westerly line of said 1.00 acre Highway Easement and 43.318 acre tract, 124.5± feet to a point being the southeasterly corner of said 2.731 acre vacation tract, being in the westerly line of said Highway Easement, being a current northeasterly corner of said Parcel No 54-WD and being in the northerly right-of-way line of said Bixby Road (FRA-33-(26.61-30.13)) (R/W-Varies);
Thence N 86° 11’ 32” W, along the southerly line of said 2.731 acre (1.290 Ac.) vacation tract, along the current southerly line of said Original 33.32 acre tract and along the northerly line of a 0.775 acre tract of land described as Parcel 2-WD and conveyed to Franklin County Commissioners of record Instrument Number 202408160082823, 454.3± feet to a current southwesterly corner of said Original 33.32 acre tract, the northwesterly corner of said 0.775 acre tract, being in the easterly line of a 1.070 acre tract of land described as Parcel 3-WD and conveyed to the Franklin County Commissioners of record in Instrument Number 202408160082823 and being the northerly right-of-way line of said Bixby Road (R/W-Varies);
With a curve to the left, having a central angle of 02° 38’ 32” and a radius of 2964.80 feet, an arc length of 136.73 feet, a chord bearing and chord distance of N 45° 33’ 08” W, 136.7± feet to a point of non-tangent curve;
With a curve to the left, having a central angle of 51° 49’ 11” and a radius of 403.54 feet, an arc length of 364.98 feet, a chord bearing and chord distance of N 39° 24’ 28” W, 352.7± feet to the True Point of Beginning. Containing 3.5± acres.
The above description was prepared by Advanced Civil Design Inc. on August 1, 2024 and is based on information obtained from the Franklin County Auditor’s Office and Franklin County Recorder’s Office and information from an actual field survey performed by Advanced Civil Design, Inc. in December of 2022.
The total length of the annexation perimeter is 1,929± feet, of which 848± feet are contiguous with existing City of Columbus Corporation lines, being 44.0±% contiguous.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
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 L-AR-1, Limited Apartment Residential District, specified by Ordinance #0126-2025; Z23-032.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits
and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance is further conditioned on the following:
The property owner is in the process of annexing ground that was subject to a highway easement (Phase 2 on the site plan included in Ordinance #0126-2025). This Council Variance Ordinance will be amended upon annexation of Phase 2 to incorporate that property into the subject development.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.