Explanation
Council Variance Application: CV25-025
APPLICANT: Metro Development LLC; c/o Jeffery L. Brown, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Apartment complex.
WESTLAND 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 #2288-2025; Z25-012) to the L-AR-1, Limited Apartment Residential District for a 264-unit apartment complex. The requested Council variance will allow an increased height of detached garages from 15 to 16 feet. Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018) recommends that roof pitch should be appropriate based on the roof pitch of nearby buildings. The proposed garage height variance allows for roof pitches that are aligned with this recommendation.
Title
To grant a Variance from the provisions of Section 3333.35(G), Private garage, of the Columbus City Codes; for the property located at 2410 DEMOREST RD. (43123), to allow increased garage height for an apartment complex in the L-AR-1, Limited Apartment Residential District (Council Variance #CV25-025).
Body
WHEREAS, by application #CV25-025, the owner of property at 2410 DEMOREST RD. (43123), is requesting a Council variance to allow increased garage height for an apartment complex in the L-AR-1, Limited Apartment Residential District; and
WHEREAS, Section 3333.35(G), Private garage, restricts the height of a private detached garage building to 15 feet, while the applicant proposes to increase the permitted height to 16 feet; and
WHEREAS, the Westland Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval as the requested variance is consistent with the C2P2 Design Guideline recommendations; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed use; and
WHEREAS, said variance will not seriously 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 2410 DEMOREST RD. (43123), 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 3333.35(G), Private garage, of the Columbus City Codes; is hereby granted for the property located at 2410 DEMOREST RD. (43123), insofar as said section prohibits an increased private detached garage height from 15 feet to 16 feet; said property being more particularly described as follows:
2410 DEMOREST RD. (43123), being 14.07± acres located on the east side of Demorest Road, 800± feet north of Black Pine Drive, and being more particularly described as follows:
Situated in the Township of Jackson, County of Franklin, State of Ohio, Virginia Military Survey Number 1389, being 14.07± acres, and being bounded and more fully described as follows:
BEGINNING for reference at the intersection centerline of Demorest Road (width varies), and the southwest corner of a record 8.930 acre parcel as conveyed to James E. and Karen L. Ruggles (Official Record 19425, Page I18),
Thence North 00°56'50" East, with the centerline of Demorest Road, a distance of 208.59 feet to the southwest corner of a record 0.649 acre parcel conveyed to Gavin R. Price-Fuller (Instrument Number: 201908120101229);
Thence South 89°02'41" East, with the southerly line of said Price-Fuller parcel and a northerly line of a record 8.930 acre parcel conveyed to James E. and Karen L. Ruggles (Official Record 19425, Page I18) and across said Demorest Road and that 0.218 acre highway easement conveyed to the County of Franklin by deed of record in Deed Book 1303, Page 25, a distance of 230.00 feet;
Thence North 00°56'50" East, with the easterly line of said Price-Fuller parcel and a westerly line of a said Ruggles parcel, a distance of 123.00 feet;
Thence South 89°02'41" East, with a northerly line of said Ruggles parcel and the southerly line of part of a record 7.757 acre parcel conveyed to Hank W. and Patricia S. Schreck (Official Record 16809, Page E08), a distance of 285.69 feet;
Thence along the lands of said Schreck parcel the following two (2) courses:
North 00°34'19" East, a distance of 273.34 feet; North 44°10'57" West, a distance of 75.87 feet to the westerly right-of-way line of Christy Lane (60’) said point being the southeast corner of Lot 22 of Robin Estates (Plat Book 52, Page 98);
Thence North 84°02'04" East, with the southerly line of Lot Numbers 36, 35, 34, 33, 32 and 31 of said Robin Estates No. 2 (Plat Book 52, Page 98) and along the southerly line of Christy Lane (60’), a distance of 676.52 feet to an iron pin set in a southwesterly corner of Reserve “H” in Big Run Ridge Section 3 Part 3 (Plat Book 120, Page 17), a northwesterly corner of the City of Columbus corporation line;
Thence South 01°05'35" West, with the westerly line of said Reserve “H” and the westerly line of Lot Numbers 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147 and Reserve “C” of Big Run Ridge Section 2 Part 2 (Plat Book 116, Page 35), a distance of 958.39 feet to a northeast corner of a record 7.517 acre parcel conveyed to PLM South Grove, LLC (Instrument Number: 202110140186490), and also being the southeasterly corner of said Ruggles parcel;
Thence along the southerly lines of land of said Ruggles parcel the following three (3) courses:
Thence North 66°41'57” West, a distance of 364.60 feet;
Thence North 00°28'43” West, a distance of 100.00 feet;
Thence South 89°29'34" West, along the southerly line of said Ruggles parcel and across said County of Franklin Easement and Demorest Road, a distance of 789.86 feet to the TRUE PLACE OF BEGINNING and containing 14.07 acres, more or less, being all out of Jackson Township. With 5.29 acres located in said 7.757 acre parcel, and 8.78 acres located in said 8.930 acre parcel, more or less, as surveyed by Steven W. Clutter, for and on behalf of CESO, Inc. in November of 2024.
This description of the above zoning area and location of the property to be amended for zoning purposes only, and is not a boundary survey as defined in O.A.C. Chapter 4733.37. This description was prepared from records of the Engineer and Recorder's office of Franklin County, Ohio, and is not intended for the transfer of real property.
The basis of bearings is Ohio State Plane South Zone (NAD 83, 2011 Epoch 2010). The Columbus, Mount Vernon, and McConnelsville CORS stations were used in determining the grid bearing and establishing a bearing of N 00° 56' 50" E, for a portion of the centerline of Demorest Road, between Franklin County Geodetic Survey Monuments 1237 Reset and 1239 derived from GPS coordinates.
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 #2288-2025; Z25-012.
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 is contingent upon City Council passage of Ordinance #2303-2025 (AN25-008) which proposes annexation of the subject site.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.