Explanation
Council Variance Application: CV24-064
APPLICANT: Preferred Living, c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 260, New Albany, OH 43054.
PROPOSED USE: Reduced lot sizes for existing single-unit dwellings.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #2769-2024; Z24-022) to the L-AR-1, Limited Apartment Residential District for the western portion of two parcels developed with single-unit dwellings. The requested Council variance will allow the remaining tracts, zoned in the R, Rural District, to be three acres each. A variance is necessary because the R district requires a minimum lot size of five acres. The request includes a proposed lot split that is consistent with the Rocky Fork-Blacklick Accord’s (2003) recommendation of “Village Residential” land uses at this location with a density of one unit/acre.
Title
To grant a Variance from the provisions of Section 3332.06, R-rural area district requirements, of the Columbus City Codes; for the property located at 6955 HARLEM RD. (43081), to allow reduced lot size for a single-unit dwelling in the R, Rural District (Council Variance #CV24-064).
Body
WHEREAS, by application #CV24-064, the owner of property at 6955 HARLEM RD. (43081), is requesting a Council variance to allow reduced lot size for a single-unit dwelling in the R, Rural District; and
WHEREAS, Section 3332.06, R, rural area district requirements, requires a minimum lot size of five acres, while the applicant proposes lot sizes of three acres each for two adjacent parcels, as the results of a proposed lot split; and
WHEREAS, the City Departments recommend approval because the variance will support the City’s objective of creating more housing and is compatible with the Rocky Fork-Blacklick Accord’s (2003) recommendation of “Village Residential” at this site with a density of one unit/acres; and
WHEREAS, this ordinance requires separate submission for a lot split for the proposed 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 6955 HARLEM RD. (43081), 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 Section 3332.06, R-rural area district requirements, of the Columbus City Codes, is hereby granted for the property located at 6955 HARLEM RD. (43081), insofar as said section prohibits a reduced area district requirement from five acres to three acres; said property being more particularly described as follows:
6955 HARLEM RD. (43081), being 6.06± acres located on the west side of Harlem Road, 400± feet north of Central College Road, and being more particularly described as follows:
Tract 1
220-001876
4.528 acres
Situated in the state of Ohio, County of Franklin, Township of Plain, being located in Section 2, Township 2, Range 16, United States, Military Lands, and being part of 24.193 acre tract as conveyed to Carmelo Gioffre, Jr. and Vincent J. Margello, Jr., by deed of record in Deed Book 3670, Page 131, all references being to records of the Recorder’s Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Beginning at a railroad spike in the centerline of Harlem Road said spike being located North 6 deg. 2’ 40” West, a distance of 671.04 feet from a railroad spike located at the southeasterly corner of said 24.193 acre tract;
Thence North 88 deg. 52’ 00” West, parallel with the southerly line of said 24.193 acre tract, a distance of 942.74 feet to an iron pin in an easterly line of the 78.05 acre tract as conveyed to Frederick C. and Mabel M. George, by deed of record in Deed Book 2080, Page 416;
Thence North 0 deg. 50’ 54: East, with an easterly line of said 78.05 acre tract, a distance of 210.74 feet to an iron pin at a northwesterly corner of said 24.193 acre tract;
Thence South 89 deg. 09’ 56” East, with a southerly line of said 78.05 acre tract, also being the northerly line of said 24.193 acre tract, a distance of 916.65 feet to a railroad a spike in the centerline of said Harlem Road, at the northeasterly corner of said Harlem Road, at the northeasterly corner of said 24.193 acre tract;
Thence South 6 deg. 02’ 40” East, with the centerline of said Harlem Road, a distance of 217.21 feet to the place of beginning, containing 4.528 acres of land, more or less.
Tract 2
010-278013
4.548 acres
Situated in the State of Ohio, County of Franklin, City of Columbus and being located in Section 2, Township 2, Range 16, United States Military Lands, and being part of the 24.193 acre tract as conveyed to Carmelo Gioffre, Jr., and Vincent J. Margello, Jr., by deed of record in Deed Book 3670, Page 131, all references being to records of the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Beginning at railroad spike in the centerline of Harlem Road, said spike being located North 6°02'40" West, a distance of 462.00 feet from a railroad spike at the southeasterly comer of said 24.193 acre tract;
Thence North 88°52 '00" West, parallel with the southerly line of said 24.193 acre tract, a distance of 967.83 feet to an iron pin in an easterly line of the 78.05 acre tract as conveyed to Frederick C. and Mabel George, by deed of record in Deed Book 2080, Page 416;
Thence North 0°50'54" East, with the easterly line of said 78.05 acre tract, a distance of 207.40 feet to an iron pin;
Thence South 88°52'00" East, parallel with the southerly line of said 24.193 acre tract, a distance of 942.74 feet to a railroad spike in the centerline of said Harlem Road;
Thence South 6°02'40" East, with the centerline of said Harlem Road, a distance of 209.04 feet to the place of beginning, containing 4.548 acres of land, more or less.
Less and excepting therefrom:
Zoning Description
3.000± Acres
West of Harlem Road
North of Central College
-1-
Situated in the State of Ohio, County of Franklin, Township of Plain, City of Columbus, being in Quarter Township 2, Township 2, Range 16, United States Military Lands and containing 3.000+/- acres, said 3.000+/- acres part of that 4.548 acre tract of land as conveyed to Norman D. Singer and Lois Singer (P.I.D. 010-278013) of record in Instrument No. 201907250091746 and that second 4.548 acre tract of land as conveyed to Norman D. Singer & Lois Singer (P.I.D. 220-001876) of record in Instrument No. 200601100006680, said 3.000+/- more particularly described as follows;
Beginning, for Reference, at found Franklin County Geodetic Survey Monument No. 1375 in the centerline of Harlem Road (R/W Varies), said monument also being at the northeasterly corner of that second Singer tract (P.I.D. 220-001876);
Thence S 02° 36' 53" E, with the easterly lines of both 4.548 acre tracts and along the centerline of said Harlem Road (R/W Varies) 425.7+/- feet to the southeasterly corner of said first Singer tract (P.I.D. 010-278013), said corner also being the northeasterly corner of that 0.530 acre tract of land described as Parcel 1-WD as conveyed to the Franklin County Commissioners of record in Instrument No. 202402280020030;
Thence N 85° 27' 06" W, with the southerly line of said first Singer tract (P.I.D. 010-278013), the northerly line of said Parcel 1-WD and partially with the northerly line of that Original 5.068 acre tract of land as conveyed to Harlem Apartments LLC of record in Instrument No. 202402050011820, 655.6+/- feet to the True Point of Beginning;
Thence N 85° 27' 06" W, continuing with the southerly line of said first Singer tract (P.I.D. 010-278013) and the northerly line of said 5.068 acre tract, 312.2+/- feet to a common corner thereof, said corner also being in the easterly line of that 15.044 acre tract of land as conveyed to the City of Columbus, Ohio of record in Instrument No. 202312290135345;
Thence N 04° 16' 45" E, with the westerly line of said first Singer tract (P.I.D. 010-278013), westerly line of said second Singer tract (P.I.D. 220-001876), the easterly line of said 15.044 acre tract and an easterly line of The Preserve at Rocky Fork Condominium 18th Amendment, Area 5 of record in Condominium Plat Book 302, Page 889 and as declared in Instrument No. 202303200026427, 417.9+/- feet to a northwesterly corner of said second Singer tract (P.I.D. 220-001876) and in the southerly line of The Preserve at Rocky Fork Condominium 9th Amendment, Area 4 of record in Condominium Plat Book 301, Page 366 and as declared in Instrument No. 202203090037707;
Thence S 85° 44' 05" E, with the northerly line of said second Singer tract (P.I.D. 220-001876), the southerly line of said 9th Amendment, Area 4, the southerly line of The Preserve at Rocky Fork Condominium 8th Amendment, Area 5 of record in Condominium Plat Book 301, Page 83 and as declared in Instrument No. 202112070222078, the southerly line of The Preserve at Rocky Fork Condominium 9th Amendment, Area 3 of record in Condominium Plat Book 301, Page 366 and as declared in Instrument No. 202203090037707, the southerly line of The Preserve at Rocky Fork Condominium 8th Amendment, Area 4 of record in Condominium Plat Book 301, Page 83 and as declared in Instrument No. 202112070222078, the southerly line of The Preserve at Rocky Fork Condominium 9th Amendment, Area 2 of record in Condominium Plat Book 301, Page 366 and as declared in Instrument No. 202203090037707, the southerly line of The Preserve at Rocky Fork Condominium 10th Amendment, Area 3 of record in Condominium Plat Book 301, Page 481 and as declared in Instrument No. 202205020066947 and partially along the southerly line of The Preserve at Rocky Fork Condominium 11th Amendment, Area 3 of record in Condominium Plat Book 301, Page 657 and as declared in Instrument No. 202205020066947, 312.2+/- feet to a point;
Thence S 04° 16' 45" W, across said both Singer tracts, 419.4+/- feet to the True Point of Beginning. Containing 3.000+/- acres, more or less. The above description was written by Advanced Civil Design on March 20, 2024. A drawing of the above description is attached hereto and made a part thereof.
This description is based on information obtained from the Franklin County Auditor’s and Recorder’s site.
This description was written for zoning purposes only and was not intended to be used in the transfer of lands.
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 R, Rural District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining a lot split for the proposed development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.