Explanation
Council Variance Application: CV24-075
APPLICANT: Tijen Incorporated, LLC; c/o Dave Perry, Agent; David Perry Company, Inc.; 411 East Town Street, First Floor; Columbus, OH 43215, and Donald Plank, Atty.; 411 East Town Street, Second Floor; Columbus, OH 43215.
PROPOSED USE: Apartment complex.
GREATER SOUTH EAST AREA COMMISSION RECOMMENDATION: Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #1979-2025; Z24-024) to the L-AR-1, Apartment Residential District. The applicant proposes a 20-unit apartment building with variances to reduce the required parking lot trees to zero and instead place the four required shade trees within the perimeter of the parking lot, and to reduce the required parking setback along Lindora Avenue from 25 feet to 12 feet. The requested variances are supportable as they will allow the site to be developed in a manner that is consistent with Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). The proposal is also consistent with the City’s objective of creating more housing in all areas of the city.
Title
To grant a Variance from the provisions of Sections 3312.21(A), Landscaping and screening; and 3312.27, Parking setback line, of the Columbus City Codes; for the property located at 4970 LINDORA DR. (43232), to allow reduced parking lot landscaping and parking setback for an apartment building in the L-AR-1, Apartment Residential District (Council Variance #CV24-075).
Body
WHEREAS, by application #CV25-075, the owner of property at 4970 LINDORA DR. (43232), is requesting a Council variance to allow reduced parking lot landscaping and parking setback for an apartment building in the L-AR-1, Apartment Residential District; 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 four shade trees being required for a 32-space parking lot, while the applicant proposes zero trees and will instead place them within the perimeter of the parking lot; and
WHEREAS, Section 3312.27, Parking setback line, requires a parking setback line of 25 feet from Lindora Avenue, while the applicant proposes a parking setback of 12 feet along Lindora Avenue; and
WHEREAS, the Greater South East Area Commission recommends disapproval, and
WHEREAS, the City Departments recommend approval as the requested variances will allow an apartment building that is consistent with C2P2 Design Guidelines. The proposal is also consistent with the City’s objective of creating more housing in all areas of the city; 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 4970 LINDORA DR. (43232), 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 3312.21(A), Landscaping and screening; and 3312.27, Parking setback line, of the Columbus City Codes; is hereby granted for the property located at 4970 LINDORA DR. (43232), insofar as said sections prohibit a reduction in the required parking lot landscaping from four to zero and for four trees to instead be placed within the perimeter yard, and a reduced parking setback line along Lindora Avenue from 25 feet to 12 feet, said property being more particularly described as follows:
4970 LINDORA DR. (43232), being 0.92± acres located at the southeast corner of Lindora Drive and Carbondale Drive, and being more particularly described as follows:
All that certain piece, parcel, or tract of land, situate, lying and being in Franklin County, Ohio, more particularly described as follows:
Situated in Section 27, Township 12 North, Range 21 West, Refugee Tract, in the City of Columbus, County of Franklin, State of Ohio, and being 0.918 acre of land out of Reserve "E' of Walnut Bluff No.2, as the said reserve is lettered and delineated upon the recorded plat thereof, of record in Plat Book 34, Pages 110, 111, and 112, Recorder’s Office, Franklin County, Ohio, and bounded and described as follows:
Beginning at an iron pin at the intersection of the northeast line of Lindora Drive (60 feet wide) with the southeast line of Carbondale Drive (60 feet wide), said iron pin also being at the most westerly corner of said Reserve "E";
Thence N 49° 41' 30" E along the southeast line of Carbondale Drive and a portion of the northwest line of said Reserve "E" a distance of 200.00 feet to an iron pin;
Thence S 40° 18' 30" E perpendicular to the southeast line of Carbondale Drive and the northwest line of said Reserve "E" and parallel with the northeast line of Lindora Drive and the southwest line of said Reserve "E" a distance of 200.00 feet to an iron pin;
Thence 40° 41' 30" W perpendicular to the northeast line of Lindora Drive and the southwest line of said Reserve "E" and parallel with the southeast line of Carbondale Drive and the northwest line of said Reserve "E" a distance of 200.00 feet to an iron pin in the northeast line of Lindora Drive and the southwest line of said Reserve "E";
Thence N 40° 18' 30" W along the northeast line of Lindora Drive and a portion of the southwest line of said Reserve "E" a distance of 200.00 feet to the place of beginning;
Containing 0.918 acre of land more or less and being subject to all easements and restrictions of record.
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 L-AR-1, Limited Apartment Residential District, specified by Ordinance #1979-2025; Z24-024.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.