Explanation
Council Variance Application: CV21-102
APPLICANT: Juliet Bullock; 1182 Wyandotte Road; Columbus, OH 43212.
PROPOSED USE: Mixed-use development.
LIVINGSTON AVENUE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two undeveloped parcels in the C-4, Commercial District, both of which are subject to the Livingston Avenue Urban Commercial Overlay (UCO). The requested Council variance will permit a mixed-use development containing 17 apartment units, including ground floor residential uses, and up to 1,000 square feet of retail or office uses. A variance is necessary because residential uses are only permitted above certain commercial uses in the C-4, Commercial District. Variances to reduce the required numbers of shade trees from 2 to 1 and parking spaces from 29 to 24 are included in this request. The site is within the planning boundaries of the Near Southside Plan (2011), which recommends “Neighborhood Mixed-use” land uses at this location. The site is also in an area that has adopted Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). The requested variances are supportable because the proposed mixed-use development is consistent with the recommended land use and historic development pattern along this section of East Livingston Avenue.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; 3312.21(A), Landscaping and screening; and 3312.49(C), Minimum numbers of parking spaces required, of the Columbus City Codes; for the property located at 1076 E. LIVINGSTON AVE. (43205), to permit a mixed-used development with reduced development standards in the C-4, Commercial District (Council Variance #CV21-102).
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WHEREAS, by application #CV21-102, the owner of the property at 1076 E. LIVINGSTON AVE. (43205), is requesting a Variance to permit a mixed-used development with reduced development standards in the C-4, Commercial District; and
WHEREAS, Sections 3356.03, C-4 permitted uses, permits residential uses only above certain commercial uses, while the applicant proposes ground floor residential uses as part of a mixed-use development with up to 1,000 square feet of retail or office uses and 17 apartment units; and
WHEREAS, Section 3312.21(A), Landscaping and screening, requires the interior of any parking lot containing 10 or more parking spaces to provide one deciduous shade tree per 10 spaces within islands or peninsulas, with 2 shade trees being required for a 12-space parking lot, while the applicant proposes 1 tree located within a code compliant peninsula; and
WHEREAS, Section 3312.49(C), Minimum numbers of parking spaces required, requires 1.5 parking spaces per dwelling unit, 1 parking space per 250 square feet of retail space, and 1 parking space per 450 square feet of general office space, or a total of 29 parking spaces for 17 apartment units with up to 1,000 square feet of retail or office space, including Urban Commercial Overlay reductions as allowed in Section 3372.609(B), while the applicant proposes 24 parking spaces; and
WHEREAS, the Livingston Avenue Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the request is consistent with the Near Southside Plan’s land use recommendation for “Neighborhood Mixed-Use” and the historic development pattern along this section of East Livingston Avenue; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 1076 E. LIVINGSTON 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 is hereby granted from the provisions of Sections 3356.03, C-4 permitted uses; 3312.21(A), Landscaping and screening; and 3312.49(C), Minimum numbers of parking spaces required, of the Columbus City Codes; for the property located at 1076 E. LIVINGSTON AVE. (43205), insofar as said sections prohibit ground floor residential uses in the C-4, Commercial District; with reduced parking lot shade trees from 2 required trees to 1 provided tree; and a reduction in required parking spaces from 29 required to 24 provided spaces; said property being more particularly described as follows:
1076 E. LIVINGSTON AVE. (43205), being 0.32± acres located at the northwest corner of East Livingston Avenue and Oakwood Avenue, and being more particularly described as follows:
Property 1: situated in the State of Ohio, County of Franklin and in the City of Columbus being lot No. one hundred forty-three (143), of Oakwoods Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in plat book no. 4, page 422, Recorders Office, Franklin County, Ohio.
Parcel No.: 010-056914-00
Property Address: 1076 East Livingston Avenue, Columbus, Ohio 43205.
Property 2: situated in the State of Ohio, County of Franklin and in the City of Columbus being lot numbers one hundred forty-one (141), and one hundred forty-two (142), of the Oakwoods Addition to the City of Columbus, as the same are numbered and delineated upon the recorded plat thereof, of record in plat book 4, page 422, Recorders office, Franklin County, Ohio.
Parcel No.: 010-017198-00
Property Address: 1080 East Livingston 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 a mixed-use building with ground floor residential uses containing up to 17 apartment units and up to 1,000 square feet of retail or office use, or those uses in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "PROPOSED SITE PLAN," dated January 4, 2022, and signed by Juliet Bullock, 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 adjustments to the plan 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 uses.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.