Explanation
Council Variance Application: CV24-149
APPLICANT: Metro Development LLC; c/o Jeffery L. Brown, Atty.; Smith and Hale; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
GREATER SOUTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from the Development Commission, and disapproval from City Staff, for a concurrent rezoning (Ordinance #0706-2025; Z24-065) to the L-AR-1, Limited Apartment Residential District for a multi-unit residential development containing up to 48 units. The requested Council variance will allow a reduced perimeter yard and increased height of detached garages for a proposed apartment complex. The request is consistent with similar reduced perimeter yards and increased garage heights for apartment complex developments to allow site design that places parking behind buildings, and garage roof pitch that better compliments the apartment buildings’ design.
Title
To grant a Variance from the provisions of Sections 3333.255, Perimeter yard; and 3333.35(G), Private garage, of the Columbus City Codes; for the property located at 4240 HAMILTON SQUARE BLVD. (43125), to allow reduced development standards for an apartment complex in the L-AR-1, Limited Apartment Residential District (Council Variance #CV24-149).
Body
WHEREAS, by application #CV24-149, the owner of property at 4240 HAMILTON SQUARE BLVD. (43125), is requesting a Council variance to allow reduced development standards for an apartment complex in the L-AR-1, Limited Apartment Residential District; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard of five feet along the northern, eastern, and western property lines; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of a private detached garage building to 15 feet, while the applicant proposes to increase the permitted height to 16 feet; and
WHEREAS, the Greater Southeast Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval as the requested variances are consistent with similar reduced perimeter yards and increased garage heights for apartment complex developments to allow site design that places parking behind buildings, and garage roof pitch that better compliments the apartment buildings’ design; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed use; and
WHEREAS, said variance will not seriously 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 4240 HAMILTON SQUARE BLVD. (43125), 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 3333.255, Perimeter yard; and 3333.35(G), Private garage, of the Columbus City Codes; is hereby granted for the property located at 4240 HAMILTON SQUARE BLVD. (43125), insofar as said sections prohibit a reduced perimeter yard from 25 feet to five feet along the northern, eastern, and western property lines; and an increased private detached garage height from 15 feet to 16 feet; said property being more particularly described as follows:
4240 HAMILTON SQUARE BLVD. (43125), being 1.98± acres located on the northwest corner of Hamilton Square Boulevard and Lakeview Crossing, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 9, Township 11, Range 21, Congress Lands, being part of that 8.389-acre tract (Exhibit A-7) as described in a deed to M Five Limited Partnership, of record in Instrument Number 199804270099564, all references herein being to the records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning FOR REFERENCE at a Mag Nail found at the intersection of the centerlines of Lakeview Crossing, 60 feet wide, and Hamilton Square Boulevard, 60 feet wide, as both are shown and delineated upon the plat of record in Plat Book 86, Page 72; thence North 21°58’24” East, along the centerline of Lakeview Crossing, a distance of 48.36 feet to a point; thence North 68°01’36” West, a distance of 30.00 feet to an iron pin set in the westerly right-of-way line of Lakeview Crossing, the TRUE PLACE OF BEGINNING;
Thence along the arc of a return curve to the right, having a radius of 20.00 feet, a central angle of 86°15’09”, an arc length of 30.11 feet, the chord of which bears South 65°05’58” West, a chord distance of 27.34 feet to an iron pin set in the northerly right-of-way line of Hamilton Square Boulevard;
Thence along said right-of-way line with the arc of a reverse curve to the left, having a radius of 745.00 feet, a central angle of 10°47’59”, an arc length of 140.42 feet, the chord of which bears North 77°10’27” West, a chord distance of 140.22 feet to a 1-inch iron pipe found at the southeasterly corner of that 2.439-acre tract as described in a deed to Girard Realty Co., LLC, of record in Instrument Number 201212280200264;
Thence North 5°27’49” West, along the easterly line of said 2.439-acre tract, a distance of 270.83 feet to an iron pin found capped “ME Companies” at the most southwesterly corner of that 3.560-acre tract as described in a deed to Trugreen Limited Partnership, of record in Instrument Number 200410010229525;
Thence along the perimeter of said 3.560-acre tract the following courses:
1. South 85°25’48” East, a distance of 69.87 feet to a 1-inch pipe found at an angle point;
2. North 67°06’11” East, a distance of 273.22 feet to a 1-inch pipe found at an angle point;
3. South 43°57’57” East, a distance of 91.09 feet to a 1-inch pipe found at a southwesterly corner of 3.560-acre tract and in the westerly right-of-way line of Lakeview Crossing;
Thence along said right-of-way line with the arc of a non-tangent curve to the left, having a radius of 1030.00 feet, a central angle of 19°54’40”, an arc length of 357.94 feet, the chord of which bears South 31°55’44” West, a chord distance of 356.14 feet to an iron pin set at the point of tangency;
Thence South 21°58’24” West, continuing along said right-of-way line, a distance of 23.86 feet to the TRUE PLACE OF BEGINNING and containing 1.981 acres of land.
Bearings herein are based of GPS observations utilizing the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011), establishing a bearing of North 5°27’49” West for the easterly line of said 2.439-acre tract.
Iron pins set consist of a 5/8-inch rebar, 30 inches long with an orange plastic cap stamped “IBI Group, S-6872/S-7740”.
This description was prepared by Arcadis IBI Group Survey, based on information obtained from an actual field survey of the premises performed in April 2023.
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 #0706-2025; Z24-065.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.