Explanation
Council Variance Application: CV24-036
APPLICANT: Dora Loft Apartments, 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: Multi-unit residential development.
NEAR EAST 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 #1937-2024; Z24-013) to the AR-2, Apartment Residential District. The proposal includes an apartment building with a total of 18 units, with variances to reduce the building and parking setbacks, side yard setbacks, required parking lot shade trees, and required parking spaces. The request includes a commitment to a site plan, and conceptual building elevations have been preliminarily reviewed. These plans are consistent with the Near East Area Plan’s (2005) design guidelines, and are reflective of other residential infill projects that have been approved in this area and other urban residential neighborhoods.
Title
To grant a Variance from the provisions of Sections 3312.21(A)(D), Landscaping and screening; 3312.49, Required parking; 3333.18, Building lines; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; and 3333.25, Side or rear yard obstruction; of the Columbus City Codes; for the property located at 1598-1614 GREENWAY AVE. (43203), to allow reduced development standards for an apartment building in the AR-2, Apartment Residential District (Council Variance #CV24-036).
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WHEREAS, by application #CV24-036, the owner of the property at 1598-1614 GREENWAY AVE. (43203), is requesting a Council variance to allow reduced development standards for an apartment building in the AR-2, Apartment Residential District; and
WHEREAS, Section 3312.21(A), Landscaping and screening, requires three interior parking lot shade trees, while the applicant proposes two parking lot shade trees, subject to an additional tree being provided in the perimeter of the parking lot, as depicted on the submitted site plan; and
WHEREAS, Section 3312.21(D), Landscaping and screening, requires a parking setback of four feet from the east and north property boundaries, while the applicant proposes a parking setback of three feet along the east property boundary and 2.5 feet along the north property boundary; and
WHEREAS, Section 3312.49, Required parking, requires 1.5 parking spaces per dwelling unit for a total of 27 parking spaces for 18 units, while the applicant proposes a reduced total of 24 parking spaces; and
WHEREAS, Section 3333.18, Building lines, requires a building setback of 14 feet from Greenway Avenue, while the applicant proposes a reduced building setback of five feet from Greenway Avenue; and
WHEREAS, Section 3333.22, Maximum side yard required, requires a total side yard of 16 feet, while the applicant proposes a reduced total side yard of ten feet; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a minimum side yard of 5.38 feet for the east and west side yards, while the applicant proposes reduced side yards of five feet along the east and west sides of the proposed building, and a side yard of two feet along the west side of the dumpster enclosure, as shown on the submitted site plan; and
WHEREAS, Section 3333.25, Side or rear yard obstruction, requires a side yard free of obstructions, while the applicant proposes an electric transformer in the west side yard; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the variances will allow an apartment building that is compatible with neighboring residential uses, and includes site design consistent with the Near East Area Plan’s design guidelines; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy 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 1598-1614 GREENWAY AVE. (43203), in using said property as desired; and
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3312.21(A)(D), Landscaping and screening; 3312.49, Required parking; 3333.18, Building lines; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; and 3333.25, Side or rear yard obstruction, of the Columbus City Codes, is hereby granted for the property located at 1598-1614 GREENWAY AVE. (43203), insofar as said sections prohibit a reduction in the number of parking lot shade trees from three required to two provided trees, with one tree planted on the perimeter of the parking lot; a parking lot landscaping setback reduction from four to three feet for the east setback, and 2.5 feet for the north setback; a parking space reduction from 27 required to 24 provided spaces; a reduction in the building setback line from 14 to five feet along Greenway Avenue; a reduction in the maximum side yard from 16 to 10 feet; a reduction in the side yard from 5.38 to five feet for the east and west side yards, and a side yard of two feet for the west side of the dumpster enclosure; and encroachment of an electric transformer in the required west side yard, said property being more particularly described as follows:
1598-1614 GREENWAY AVE. (43203), being 0.41± acres located on the north side of Greenway Avenue, 370± feet east of Taylor Avenue, and being more particularly described as follows:
Being all of Lot Number Eighty (80), Lot Number Eighty-one (81), Lot Number Eighty-two (82), Lot Number Eighty-three (83), and Lot Number Eighty-four (84) in Levi R. and Hugh E. Smith’s Woodland Park Addition, as are numbered, delineated, and recorded in Plat Book 7, Page 132, Recorder’s Office, Franklin County, Ohio.
Parcel Numbers: 010-050855, 010-024796, 010-050798, 010-023950, and 010-042883
Property Address: 1614 Greenway Avenue, Columbus, Ohio 43230
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a multi-unit residential development with an 18-unit apartment building, and/or those uses permitted in the AR-2, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, "1598-1614 GREENWAY AVENUE,” dated June 3, 2024, and signed by David Perry, Agent for the Applicant, and Donald Plank, Attorney for the 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 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 development.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.