Explanation
Council Variance Application: CV25-100
APPLICANT: Joshua Tomey; 1286 East Fulton Street; Columbus, OH 43205
PROPOSED USE: Mixed-use development.
NEAR AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel in the R-3, Residential District. A future lot split has been proposed that will result in three new lots: Lot 01, Lot 02, and Lot 03. The requested Council Variance will allow a two-unit dwelling on both Lot 01 and Lot 02, and a mixed-use building containing two-dwelling units and approximately 1,000 square feet of office and retail space on Lot 03. Additionally, two parking spaces for Lot 02 will be provided on Lot 01. A Council variance is required because the R-3 district only allows single-unit dwellings as a primary residential land use, and does not allow office, retail, or non-accessory parking uses. Variances to landscaping and screening, parking setback, required parking, vision clearance, lot width, lot area, building lines, side yards, rear yard, and side yard obstruction are also included in this request. The Near East Area Plan (2005) does not have a specified recommended land use for the site, however the proposal is consistent with the Plan’s goal of developing new housing that is compatible with the historical urban development pattern, and provides appropriate parking lot screening.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3312.21, Landscaping and screening; 3312.27, Parking setback line; 3312.49(C), Required parking; 3321.05(B)(1)(2), Vision clearance; 3332.05, Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.21, Building lines; 3332.25(A)(B), Required side yards; 3332.27, Rear yard; and 3332.28, Obstructions in a required side yard, of the Columbus City Codes; for the property located at 506 MILLER AVE. (43205), to allow mixed-use development with reduced development standards in the R-3, Residential District (Council Variance #CV25-100).
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WHEREAS, by application #CV25-100, the owner of the property at 506 MILLER AVE. (43205), is requesting a Council variance to allow mixed-use development with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, allows one single-unit dwelling on a lot, and does not allow office, retail or non-accessory parking uses, while the applicant proposes a two-unit dwelling on both Lot 01 and Lot 02, approximately 1,000 square feet of office and retail space on Lot 03, and parking for the two-unit dwelling on Lot 02 to be located on Lot 01; and
WHEREAS, Section 3312.21, Landscaping and screening, requires parking lot screening within 80 feet of residentially zoned property that is a minimum five feet high, 75% opaque, and within a landscaped area that is a minimum four feet wide, while the applicant proposes reduced screening along the north and south sides and no screening along the east side of the proposed parking lot on Lot 01, as shown on the site plan; and
WHEREAS, Section 3312.27, Parking setback line, requires a minimum 25-foot parking setback line along East Mound Street, while the applicant proposes no parking setback except for the landscaped area as shown on the site plan; and
WHEREAS, Section 3312.49(C), Required parking, requires two parking spaces per dwelling unit, one parking space per 250 square feet of retail space, and one parking space per 450 square feet of general office space, or a total of four required spaces on Lot 01, four required spaces on Lot 02, and seven required spaces on Lot 03, while the applicant proposes zero parking spaces on Lot 02 and Lot 03, but notes that two of the five spaces on Lot 01 will be assigned to the two-unit dwelling on Lot 02, resulting in a one-space reduction for the two-unit dwelling on Lot 01; and
WHEREAS, Section 3321.05(B)(1), Vision clearance, requires clear vision triangles of 10 feet at the intersection of a street and alley, while the applicant proposes to reduce the clear vision triangle at the intersection of East Mound Street and the unnamed alley on the eastern side of Lot 01 to 5.58± feet; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires a 30-foot clear vision triangle at the intersection of two streets, while the applicant proposes a reduced vision clearance triangle of 6.5 feet at the southeast corner of Miller Avenue and East Mound Street on Lot 03; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a minimum lot width of 50 feet, while the applicant proposes reduced lot widths of 46.58± feet on Lot 02, and 46.16± feet on Lot 03; and
WHEREAS, Section 3332.13, R-3 area district requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of not less than 5,000 square feet in area, while the applicant proposes reduced lot areas of 3,066± square feet for Lot 01, 2,150± square feet for Lot 02, and 1,708± square feet for Lot 03; and
WHEREAS, Section 3332.21, Building lines, requires a building line of 25 feet along East Mound Street, and 12 feet along Miller Avenue, while the applicant proposes reduced building lines of five feet on Lot 01 and Lot 02, and 1.17± feet on Lot 03 along East Mound Street, and 0.5 feet on Lot 03 along Miller Avenue; and
WHEREAS, Section 3332.25(A), Required side yards, requires a minimum side yard of five feet, while the applicant proposes reduced side yards of 2.25 feet on the west side of Lot 01, 2.25 feet on the east side of Lot 02, and 1.17 feet on the north side and 3.5 feet on the south side Lot 03; and
WHEREAS, Section 3332.25(B), Required side yards requires that the sum of the widths of the side yards equal or exceed 20 percent of the width of the lot, or 9.33± feet for a lot width of 46.5 feet (Lot 02) and 9.08 for a lot width of 45.4 feet (Lot 03), while the applicant proposes reduced maximum side yards of 8.41± feet for Lot 02 and 4.7 feet for Lot 03; and
WHEREAS, Section 3332.27, Rear yard, requires that each dwelling, residence or principal building shall be erected so as to provide a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes reduced rear yards of 24 percent on Lot 01, and 20 percent on Lot 03; and
WHEREAS, Section 3332.28, Obstructions in a required side yard, requires the area in the side yard to be open from the finished grade to the sky, while the applicant proposes five parking spaces within the eastern side yard along the alley of Lot 01, as shown on the submitted site plan; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the proposal is consistent with the Near East Area Plan’s goal of developing new housing that is compatible with the historical urban development pattern, and provides appropriate parking lot screening; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; and
WHEREAS, said variances will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variances will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 506 MILLER AVE. (43205), 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 3332.035, R-3 residential district; 3312.21, Landscaping and screening; 3312.27, Parking setback line; 3312.49(C), Required parking; 3321.05(B)(1)(2), Vision clearance; 3332.05, Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.21, Building lines; 3332.25(A)(B), Required side yards; 3332.27, Rear yard; and 3332.28, Obstructions in a required side yard, of the Columbus City Codes; is hereby granted for the property located at 506 MILLER AVE. (43205), insofar as said sections prohibit two-unit dwellings on Lot 01 and Lot 02, a mixed-use building containing two dwelling units and general office and retail space on Lot 03, and non-accessory parking on Lot 01 in the R-3, Residential District, with reduced screening along the north and south sides and no screening along the east side of the parking lot on Lot 01; a reduced parking setback from 25 feet to zero feet along East Mound Street on Lot 01; a parking space reduction from four spaces to zero spaces on Lot 02, from seven spaces to zero spaces on Lot 03, and from four spaces to three spaces on Lot 01, with residents of Lot 02 using two of the five spaces provided on Lot 01; reduced vision clearance from 10 feet to 5.58± feet at the intersection of Mound Street and the unnamed alley along the eastern side of Lot 01; reduced vision clearance from 30 feet to 6.5 feet at the southeast corner of Miller Avenue and Mound Street on Lot 03; reduced minimum lot widths from 50 feet to 46.58± feet on Lot 02, and to 46.16± feet on Lot 03; reduced lot areas from 5,000 square feet to 3,066± square feet for Lot 01, 2,150± square feet for Lot 02, and 1,708± square feet for Lot 03; reduced building lines from 25 feet to five feet on Lot 01 and Lot 02, and to 1.17 feet on Lot 03 along East Mound Street, and from 12 feet to 0.5 feet on Lot 03 along Miller Avenue; reduced minimum side yards from five feet to 2.25 feet for the west side of Lot 01, to 2.25 feet for the east side of Lot 02, and to 1.17 feet for the north side and 3.5 feet for the south side of Lot 03; reduced maximum side yards from 9.33 feet to 8.41 feet for Lot 02, and from 9.08 feet to 4.7 feet for Lot 03; reduced rear yards from 25 percent to 24 percent on Lot 01, and to 20 percent on Lot 03; and an obstruction of the required eastern side yard with five parking spaces on Lot 01, as shown on the site plan; said property being more particularly described as follows:
506 MILLER AVE. (43205), being 0.16± acres located at the southeast corner of Miller Avenue and East Mound Street, and being more particularly described as follows:
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, AND IN THE CITY OF COLUMBUS:
BEING LOT NUMBER TWENTY-ONE [21] OF THOMAS MILLER’S AMENDED ADDITION, AS THE SAME IS NUMBERED AND DELINEATED UPON THE RECORDED PLAT THEREOF, OF RECORD IN PLAT BOOK 2, PAGE 228, RECORDER’S OFFICE, FRANKLIN COUNTY, OHIO.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two-unit dwellings (Lot 01 and Lot 02), a mixed-use building containing two dwelling units and general office and retail space (Lot 03), and two non-accessory parking spaces on Lot 01 for the two-unit dwelling on Lot 02, as reflected on the submitted site plan, or those uses allowed in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "ARCHITECTURAL SITE PLAN," dated January 21, 2026, and exterior elevations titled "BUILDING ELEVATIONS SHEETS 1-3," dated October 16, 2025, both signed by Joshua Tomey, Applicant. The plans 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 plans 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 Certificates of Occupancy for the proposed uses.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.