Explanation
Council Variance Application: CV22-097
APPLICANT: HG Property Holdings, LLC.; c/o Donald Plank, Atty.; 411 East Town Street, Second Floor; 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 request to the AR-12, Apartment Residential District (Ordinance #0537-2023; Z22-073) to allow a multi-unit residential development. The requested Council variance proposes a 41-unit residential development and includes variances to increase the overall density from 40 permitted to 41 proposed apartment units, and reduced perimeter yard from 25 feet to 10 feet. Staff supports the proposed site plan as it is consistent with the Northland I Area Plan’s (2014) design guidelines with buildings that address a centralized open space, and landscaping and screening.
Title
To grant a Variance from the provisions of Sections 3333.10, AR-12 area district requirements; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 5869-5877 CLEVELAND AVE. (43229), to permit reduced development standards for a multi-unit residential development in the AR-12, Apartment Residential District (Council Variance #CV22-097).
Body
WHEREAS, by application #CV22-097, the owner of property at 5869-5877 CLEVELAND AVE. (43229), is requesting a Council variance to permit reduced development standards for a multi-unit residential development in the AR-12, Apartment Residential District; and
WHEREAS, Section 3333.10, AR-12 area district requirements, prohibits residential densities in excess of 12 units per acre for a total of 40 apartment units, while the applicant proposes to develop more units than the AR-12 acreage would permit for a total of 41 apartment units; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard of 10 feet, as shown on the Site Plan; and
WHEREAS, the City Departments recommend approval because the requested variances result in a site plan with buildings that address a centralized open space, and landscaping and screening, consistent with the Northland I Area Plan’s design guidelines; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed use; 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 roads, 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 5869-5877 CLEVELAND AVE. (43229), 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 3333.10, AR-12 area district requirements; and 3333.255, Perimeter yard, of the Columbus City Codes; is hereby granted for the property located at 5869-5877 CLEVELAND AVE. (43229), insofar as said sections prohibit a density increase from 40 to 41 apartment units; and a reduction in the perimeter yard from 25 feet to 10 feet; said property being more particularly described as follows:
5869-5877 CLEVELAND AVE. (43229), being 3.41± acres located on the s west side of Cleveland Avenue, and east side of Brady Drive, 730± feet north of Fuji Drive , and being more particularly described as follows:
Parcel 1:
DESCRIPTION OF 1.696 ACRES OF LAND LOCATED NORTH OF STATE ROUTE 161 (DUBLIN-GRANVILLE ROAD) AND WEST OF CLEVELAND AVENUE, IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN. STATE OF OHIO.
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter Township 4, Township 2, Range 18, United States Military Lands containing 1.696 acres of land, more or less, said 1.696 acres being part of that 3.763 acre tract, referred to as PARCEL 1, and part of that 3.764 acre tract, referred to as PARCEL 2, both being described in the Certificate of Transfer to Ines Lusignolo et al (6), of record in Deed Book 3094, Page 446, Recorder’s Office, Franklin County, Ohio, said 1.696 acres being more particularly described as follows:
Beginning, for reference, at a point in the centerline of Cleveland Avenue, as the same is shown and delineated upon the recorded plat of Street Dedication Plat for Cleveland Avenue and Brady Drive, of record in Plat Book 62, Page 68, Recorder’s Office, Franklin County, Ohio, said point being the southeasterly corner of said PARCEL 1, said reference point also being in the northeasterly corner of that 8.350 acre tract of land, described in the deed to Winthrop Court Apartments of Columbus, Ltd., of record in Official Record 05151C09, Recorder’s Office, Franklin County, Ohio, thence N-86º 44’ 52”W, with the southerly line of said PARCEL 1 and with the northerly line of said 8.350 acre tract, a distance of 200.00 feet to a 3/4-inch (I.D.) iron pipe at the true point of beginning;
Thence, from said true point of beginning, N-86º44’52”W, with the southerly line of said PARCEL 1 and with the northerly line of said 8.350 acre tract, a distance of 239.51 feet to a ¾-inch (I.D.) iron pipe;
Thence, N-3º32’40”E, crossing said PARCEL 1 and PARCEL 2, a distance of 231.89 feet to a ¾-inch (ID.) iron pipe in the northerly line of said PARCEL 2, the same being in the southerly line of that 3.765 acre tract of land, described in the deed to Northland Masonic Temple Corporation, of record in Deed Book 3169, Page 75, Recorder’s Office, Franklin County, Ohio;
Thence, S-86º27’20”E, with the northerly line of said PARCEL 2 and with the southerly line of said 3.765 acre tract, a distance of 400.00 feet to a ¾-inch (I.D.) iron pipe; said iron pipe being located 40.00 feet, westerly from, as measured at right angles, the centerline of said Cleveland Avenue;
Thence S-3º40’00”W, crossing said PARCEL 2 and 40.00 feet westerly from, as measured at right angles, the centerline of said Cleveland Avenue, a distance of 114.94 feet to a ¾-inch (I.D.) iron pipe in the southerly line of said PARCEL2, the same being the northerly line of said PARCEL 1;
Thence N-86º36’02”W, with the southerly line of said PARCEL 2 and with the northerly line of said PARCEL 1 a distance of 160.00 feet to a ¾ inch (I.D.) iron pipe;
Thence S-3°40’00”W, crossing said PARCEL 1, a distance of 115.32 feet to the true point of beginning, and containing 1.696 acres of land, more or less.
The bearings referred to tin the above description were based on an assumed meridian.
Parcel No: 010-201611
Parcel 2:
DESCRIPTION OF 1.714 ACRES OF LAND LOCATED NORTH OF STATE ROUTE 161 (DUBLIN0GRANVILLE ROAD) AND WEST OF CLEVELAND AVENUE, IN THE CITY OF COLUMBUS, COUNTY OF FRANKLIN, STATE OF OHIO.
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter Township 4, Township 2, Range 18, United States Military Lands containing 1.714 acres of land, more or less, said 1.714 acres being part of that 3.763 acre tract referred to as PARCEL 1, and part of that 3.764 acre tract, referred to as PARCEL 2, both being described in the Certificate of Transfer to Ines Lusignolo et al (6), of record in Deed Book 3094, Page 446, Recorder’s Office, Franklin County, Ohio, said 1.714 acres being more particularly described as follows:
Beginning, for reference, at a point in the centerline of Cleveland Avenue, as the same is shown and delineated upon the recorded plat of Street Dedication Plat for Cleveland Avenue and Brady Drive, of record in Plat Book 62, Pate 68, Recorder’s Office, Franklin county, Ohio, said pint being the southeasterly corner of said PARCEL 1, said reference point also being in the northeasterly corner of that 8.350 acre tract of land, described in the deed to Winthrop Court Apartments of Columbus, Ltd., of record in Official Record 05151C09, Recorder’s Office, Franklin county, Ohio, thence N-86º44’52”W, with the southerly line of said PARCEL1 and with the northerly line of said 8.350 acre tract, a distance of 439.51 feet to a ¼-inch (I.D.) iron pipe at the true point of beginning;
Thence, from said true point of beginning, N-86º44’52”W, with the southerly line of said PARCEL 1 and with the northerly line of said 8.350 acre tract, a distance of 478.15 feet to a ¾-inch (I.D.) iron pipe at the northeasterly corner of Brady Drive, as the same is shown and delineated upon the said recorded plat of Street Dedication Plat for Cleveland Avenue and Brady Drive;
Thence northwardly, with the arc of a curve to the right, having a radius of 575.00 feet, a central angel of 5º21’54” and a chord that bears N-18º28’19”W, a chord distance of 53.82 feet to a ¾-inch (I.D.) iron pipe;
Thence S-86º44’52”E, parallel with and 50.00 feet northerly from ,as measured at right angles, the southerly line of said PARCEL 1, the same being the northerly line of said 8.350 acre tract, a distance of 223.32 fee to a ¼-inch (I.D.) iron pipe;
Thence, N-3º32’40”E, crossing said PARCEL 1 and PARCEL 2, a distance of 183.29 feet to a ¼-inch (I.D.) iron pipe in the northerly line of said PARCEL 2, the same being the southerly line of that 3.765 acre tract of land, described in the deed to Northland Masonic Temple Corporation, of record in deed Book 3169, Page 75, Recorder’s Office, Franklin County, Ohio;
Thence, S-86º27’20”E, with the northerly line of said PARCEL 2 and with the southerly line of said 3.765 acre tract, a distance of 275.00 feet to a ¾-inch (I.D.) iron pipe;
Thence S-3º32’40”W, crossing said PARCEL 2 and PARCEL 1, a distance of 231.89 feet to the true point of beginning, and containing 1.714 acres of land, more or less.
Thence bearings referred to in the above description were based on an assumed meridian.
Be the same, more or less, but subject to all legal highways.
Parcel No: 010-201608
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 permitted in the AR-12, 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, “SITE PLAN,” and landscape plan titled, “LANDSCAPE PLAN,” both dated November 10, 2022, and signed by Donald T. Plank, 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 applicant obtaining all applicable permits and Certificates of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.