Explanation
Council Variance Application: CV26-062
APPLICANT: Elford Development, Ltd. c/o Dave Perry, Agent; David Perry Company, Inc.; 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.
FAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a portion of one parcel in the L-C-2, Limited Commercial District. The requested Council variance will allow multi-unit residential development with up to 104 dwelling units. A Council variance is required because the L-C-2 district only allows office uses, and the underlying C-2, Commercial District does not allow ground-floor residential uses. The site is recommended for “Business & Institutional Campus” land uses in the Columbus Growth Strategy (2026)(CGS), but is proposed to be rezoned to the CAC, Community Activity Center District which allows multi-unit residential development. Although there is inconsistency with the land use recommendation, staff recognized the presence of existing employment-based uses in the immediate vicinity as a mitigating factor for support of the proposed use and the proposed CAC district in Zone In. The proposed landscaping along the northern property line, which buffers the site from single-unit residential development to the north, and proposed street trees along the frontages of Taylor Station Road and Westbourne Avenue are additional factors for support of the proposed use. Additionally, the request aligns with the City’s objective of providing more housing in all neighborhoods. Due to timing constraints, it is not feasible for the applicant to wait for the project to be developed until the effective date of the proposed CAC district.
Title
To grant a Variance from the provisions of Sections 3353.03, Permitted uses; 3370.05, Permitted uses; 3312.25, Maneuvering; and 3312.30, Parking in a driveway, of the Columbus City codes; for the property located at 6092 WESTBOURNE AVE. (43213), to allow multi-unit residential development with reduced development standards in the L-C-2, Limited Commercial District (Council Variance #CV26-062).
Body
WHEREAS, by application #CV26-062, the owner of property at 6092 WESTBOURNE AVE. (43213), is requesting a Variance to allow multi-unit residential development with reduced development standards in the L-C-2, Limited Commercial District; and
WHEREAS, Section 3353.03, Permitted uses, prohibits ground-floor residential uses in the C-2, Commercial District, while the applicant proposes a multi-unit residential development; and
WHEREAS, Section 3370.05, Permitted uses, allows one or more of the uses allowed by the underlying zoning district, which are limited to certain C-2 uses listed in Chapter 3353 of the Columbus City Code as specified in the limitation overlay text in Ordinance #3240-2021 (Z21-070), while the applicant proposes a multi-unit residential development containing up to 104 dwelling units; and
WHEREAS, Section 3312.25, Maneuvering, requires parking spaces to have sufficient access and maneuvering area on the lot where the parking spaces are located, but cannot include an abutting parking space, while the applicant proposes to allow maneuvering over parking spaces for eight parking spaces located within an eight-car garage, as shown on the submitted site plan; and
WHEREAS, Section 3312.30, Parking in a driveway, only allows stacked parking spaces to be counted as required spaces for residential uses with an attached one-car garage, while the applicant proposes eight stacked spaces in front of an eight-car garage to count towards required parking spaces, as shown on the submitted site plan; and
WHEREAS, the Far East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the proposed development will support existing employment-based uses in the immediate vicinity, provides landscaping and screening from the surrounding properties, and is consistent with the City’s objective of providing more housing in all neighborhoods; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed multi-unit residential development; 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 6092 WESTBOURNE AVE. (43213), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance be granted from the provisions of Sections 3353.03, Permitted uses; 3370.05, Permitted uses; 3312.25, Maneuvering; and 3312.30, Parking in a driveway, of the Columbus City codes; for the property located at 6092 WESTBOURNE AVE. (43213), insofar as said sections prohibit a multi-unit residential development in the L-C-2, Limited Commercial District, with maneuvering over parking spaces for eight spaces located within an eight-car garage; and for eight stacked spaces to count as required spaces; said property being more particularly described as follows:
6092 WESTBOURNE AVE. (43213), being 7.9± acres located at the northeast corner of Westbourne Avenue and Taylor Station Road and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being in Quarter Township 3, Township 1, Range 16, United States Military Lands, being part of the remainder of a 77.083 acre tract as conveyed to Trident Broad Development LLC in Instrument Number 202305250051100, all records being of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
COMMENCING at the centerline intersection of Taylor Station Road and Westbourne Avenue;
Thence along said centerline of Taylor Station Road, North 03°56’51” East, 409.12 feet to a point;
Leaving said centerline, across the right-of-way of said Taylor Station Road, North 82°19’49” East, 69.41 feet to a point being on the easterly right-of-way line of said Taylor Station Road and the northwesterly corner of said remainder of a 77.083 acre tract, said point being TRUE POINT OF BEGINNING;
Thence along the northerly line of said remainder of a 77.083 acre tract, North 82°19’49” East, 1308.53 feet to a northeasterly corner of said remainder of a 77.083 acre tract;
Thence South 07°19’34” East, a distance of 40.08 feet, to a southeasterly corner of said remainder of a 77.083 acre tract, and also being on the northerly right-of-way line of Westbourne Avenue;
Thence along said northerly right-of-way line of Westbourne Avenue and a southerly line of said remainder of a 77.083 acre tract, the following five (5) courses:
A curve to the left having a radius of 802.38 feet, a delta angle of 22°53’08”, an arc length of 320.50 feet, and a chord bearing and distance of South 68°36’41” West, 318.37 feet to a point of tangency;
Thence South 57°11’27” West, 400.18 feet to a point of curvature;
A curve to the right having a radius of 1166.24 feet, a delta angle of 34°43’01”, an arc length of 706.65 feet, and a chord bearing and distance of South 74°32’58” West, 695.89 feet to a point of compound curvature;
A curve to the right having a radius of 13.01 feet, a delta angle of 59°10’27”, an arc length of 13.43 feet, and a chord bearing and distance of South 58°30’19” East, 12.84’ to a point of tangency;
Thence North 28°55’05” West, 24.72 feet to a point on the easterly right-of-way line of said Taylor Station Road;
Thence along said easterly right-of-way line, North 03°56’51” East, 355.94 feet to the TRUE POINT OF BEGINNING, containing 7.9± acres, more or less.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for multi-unit residential development, or those uses allowed in the L-C-2, Limited Commercial District as allowed by Ordinance #3240-2021 (Z21-070).
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “ZONING SITE PLAN,” signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, dated September 21, 2026. 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 upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed multi-unit residential development.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.