Explanation
Council Variance Application: CV23-011
APPLICANT: Shanghi Enterprises, LLC; c/o Dave Perry, Agent; David Perry Company; 411 East Town Street, 1st Floor; Columbus, OH 43215, and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Multi-unit residential development.
NEAR 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 #1920-2023; Z23-005) to the AR-1, Apartment Residential District. The applicant proposes a seven-unit townhouse-style apartment building. Variances for building height and setbacks, vision clearance, lot coverage, and side yard are included in this request. Staff finds the requested variances to be supportable as they will allow multi-unit residential development that is consistent with similar residential infill in urban neighborhoods.
Title
To grant a Variance from the provisions of Sections 3309.14, Height districts; 3321.05(B)(1)(2), Vision clearance; 3333.15(C), Basis of computing area; 3333.18(D)(2), Building lines; and 3333.23, Minimum side yard permitted, of the Columbus City Codes; for the property located at 1161 FRANKLIN AVE. (43205), to permit reduced development standards for an apartment building in the AR-1, Apartment Residential District (Council Variance #CV23-011).
Body
WHEREAS, by application #CV23-011, the owner of property at 1161 FRANKLIN AVE. (43205), is requesting a Council variance to permit reduced development standards for an apartment building in the AR-1, Apartment Residential District; and
WHEREAS, Section 3309.14, Height districts, requires any portion of a building in the AR-1, Apartment Residential District to not exceed 35 feet in the thirty-five (35) foot height district, while the applicant proposes a building height of 38 feet; and
WHEREAS, Section 3321.05(B)(1)(2), Vision clearance, requires a clear vision triangle of 10 feet at the intersection of streets and alleys, and a clear vision triangle of 30 feet at a street intersection, while the applicant proposes to reduce the clear vision triangle at South Champion Avenue and Gustavus Lane from 10 feet to 9 feet, and to reduce the clear vision triangle at South Champion Avenue and Franklin Avenue from 30 feet to 15 feet, as both are shown on the site plan; and
WHEREAS, Section 3333.15(C), 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 54 percent; and
WHEREAS, Section 3333.18(D)(2), Building lines, requires a building line of 10 feet along Franklin Avenue and 14 feet along South Champion Avenue, while the applicant proposes a reduced building line of 3 feet along South Champion Avenue, with a further reduction to 2 feet for a second floor bay window, and a reduced building line of 12 feet along Franklin Avenue, with a further reduction to 9 feet for a second floor bay window; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a minimum side yard of no less than 6.4 feet, while the applicant proposes a reduced side yard of 3 feet along the eastern property line, and 5 feet along the southern property line; and
WHEREAS, the Near East Area Commission recommends approval, and
WHEREAS, the City Departments recommend approval because the variances will permit multi-unit residential development that is consistent with residential infill development in urban neighborhoods; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate 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 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 1161 FRANKLIN AVE. (43205), 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 3309.14, Height districts; 3321.05(B)(1)(2), Vision clearance; 3333.15(C), Basis of computing area; 3333.18(D)(2), Building lines; and 3333.23, Minimum side yard permitted, of the Columbus City Codes, is hereby granted for the property located at 1161 FRANKLIN AVE. (43205), insofar as said sections prohibit an increased building height from 35 to 38 feet; reduced vision clearance triangles at South Champion Avenue and Gustavus Lane from 10 to 9 feet, and at South Champion Avenue and Franklin Avenue from 30 to 15 feet; increased lot coverage from 50 to 54 percent; reduced building line from 10 to 3 feet along South Champion Avenue, with a further reduction to 2 feet for a second story bay window, and from 14 to 12 feet along Franklin Avenue, with a further reduction to 9 feet for a second story bay window; and reduced side yards from 6.4 to 3 feet and 5 feet along the eastern and southern property lines, respectively, said property being more particularly described as follows:
1161 FRANKLIN AVE. (43205), being 0.25± acres located at the southeast corner of Franklin Avenue and South Champion Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being Lot Number One Hundred Sixty-three (163) and Lot Number One Hundred Sixty-four (164) in Hoffman and McGrew’s Addition to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 200, Recorder’s Office, Franklin County, Ohio.
Parcel No.: 010-028204-00
Property Address: 1161 Franklin Avenue, Columbus, Ohio 43205.
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 AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "ZONING PLAN," dated May 11, 2023, and signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant. The plan 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 plan 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 a Certificate 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.