Explanation
Council Variance Application: CV24-154
APPLICANT: The New Albany Company, c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 120; New Albany, OH 43054.
PROPOSED USE: Single-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel, and a portion of another undeveloped parcel, both zoned in the PUD-4, Planned Unit Development District, and within different Franklin County taxing districts which precludes parcel combination. The requested Council variance will allow the site to be developed with eight single-unit dwellings, not on platted lots, along with garages, accessory buildings, and residential amenities such as but not limited to swimming pools, pool houses, out buildings, athletic courts, barns, and stables. A variance is necessary because the underlying PUD district, established by Ordinance #1776-00 (Z98-059A, Subarea B7a) passed on July 21, 2000, only allows single-unit dwellings in accordance with R-2, Residential District development standards, requiring one dwelling per parcel or lot. Additional variances are included to allow dwellings and buildings to front on private streets, reduced minimum side yards, increased building height, and to specific deviations from the PUD development standards. The site is within the planning boundaries of the Northland Plan - Volume II (2002), which recommends “Preserve District” land uses at this location which recommends continuing a residential development pattern east of Hamilton Road and south of Old Dublin-Granville Road at this location. The requested residential development is consistent with the Plan and does not represent an introduction of an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.033, R-2 residential district; 3332.19, Fronting; 3332.26, Minimum side yard permitted; 3332.29, Height district; 3332.38, Private garage; 3345.07, Contents of application for establishment of PUD; and 3345.11, Site plan requirements for showing parcels for dwelling units and multiple family unit buildings, of the Columbus City Codes; for the property located at 5526 E. DUBLIN-GRANVILLE RD. (43054), to allow an estate lot with multiple single-unit dwellings and accessory residential buildings with reduced development standards in the PUD-4, Planned Unit Development District (Council Variance CV24-154).
Body
WHEREAS, by application CV24-154, the owner of the property at 5526 E. DUBLIN-GRANVILLE RD. (43054), is requesting a Variance to allow an estate lot with multiple single-unit dwellings and accessory residential buildings with reduced development standards in the PUD-4, Planned Unit Development District; and
WHEREAS, the underlying PUD, Planned Unit Development District, established by Ordinance #1776-00 (Z98-059A, Subarea B7a) passed on July 21, 2000, only allows single-unit dwellings in accordance with R-2, Residential District development standards, and contains specific limits and restrictions for single-unit residential development; and
WHEREAS, Section 3332.033, R-2, residential district use, only allows one single-unit dwelling on one lot, and limits accessory residential uses, while the applicant proposes a total of eight single-unit dwellings on the subject site, with garages, accessory buildings, and residential amenities such as but not limited to swimming pools, pool houses, out buildings, athletic courts, barns, and stables; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling to have frontage on a public street, while the applicant proposes dwellings and buildings that do not front a public street; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of 7.5 feet, while the applicant proposes a side yard of zero feet along the internal parcels which cannot be combined due to different taxing districts; and
WHEREAS, Section 3332.29, Height district, requires that within a 35-foot height district, no building or structure shall be erected to a height in excess of 35 feet, while the applicant proposes an increased maximum building height of 50 feet; and
WHEREAS, Section 3332.38, Private garage, requires certain provisions for attached and detached garages within residential developments, while the applicant proposes to not comply with these provisions; and
WHEREAS, Section 3345.07, Contents of application for establishment of PUD, does not allow single-unit dwellings to have direct access to East Dublin-Granville Road except from publicly dedicated streets per the development text contained within Ordinance #1776-00 (Z98-059A), while the applicant proposes one private driveway access to East Dublin-Granville Road; and
WHEREAS, Section 3345.07, Contents of application for establishment of PUD, prohibits double wide garage doors per the development text contained within Ordinance #1776-00 (Z98-059A), while the applicant proposes eliminating restrictions of garage door sizes for the subject site; and
WHEREAS, Section 3345.07, Contents of application for establishment of PUD, restricts the height of ancillary structures to one story per the development text contained within Ordinance #1776-00 (Z98-059A), while the applicant proposes eliminating the one story height restriction on ancillary structures; and
WHEREAS, Section 3345.11, Site Plan requirements for showing parcels for dwelling units and multiple family unit buildings, requires that land proposed for single-unit dwellings shall show on the site plan separate parcels for each dwelling, while the applicant proposes allowing multiple single-unit dwellings on each parcel and will not develop individual dwelling units on individually platted lots; and
WHEREAS, City Departments recommend approval because the requested Council variance is consistent with the Northland Plan Volume II’s recommendation of the “Preserve District” which recommends continuing a residential development pattern east of Hamilton Road and south of Old Dublin-Granville Road at this location, and does not represent an introduction of an incompatible use to the area. Staff recognizes that there are practical difficulties with the variances included in the request as the Zoning Code does not contain provisions for estate development; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates 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 5526 E. DUBLIN-GRANVILLE RD. (43054), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is hereby granted from the provisions of Sections 3332.033, R-2 residential district; 3332.19, Fronting; 3332.26, Minimum side yard permitted; 3332.29, Height district; 3332.38, Private garage; 3345.07, Contents of application for establishment of PUD; and 3345.11, Site plan requirements for showing parcels for dwelling units and multiple family unit buildings, for the property located at 5526 E. DUBLIN-GRANVILLE RD. (43054); insofar as said sections prohibit more than one dwelling per parcel and residential amenities, garages, and accessory buildings that are not subject to R-2 district development standards in the PUD-4, Planned Unit Development District; dwellings or buildings that do not front a public street; a reduced minimum side yard of zero feet along internal parcel lines; a maximum building height of 50 feet; one private driveway access to East Dublin-Granville Road; eliminating restrictions of garage door sizes for accessory buildings; eliminating the one-story height restriction on ancillary structures; and multiple single-unit dwellings on each parcel that are not on individually platted lots; said property being more particularly described as follows:
5526 E. DUBLIN-GRANVILLE RD. (43054), being 46.99± acres located on the south side of East Dublin Granville Road at the intersection of East Dublin Granville Road and Greensward Road, and being more particularly described as follows:
TRACT 1 - Parcel No. 010-217754
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 2, Range 16, United States Military District, being part of that 58.385 acre tract of land conveyed to The New Albany Company LLC by deeds of record in Official Record 14520!13 and Official Record 21256E01 (also affidavit of record in Instrument Number 199811120289607) (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
Beginning, for reference at a magnetic nail set in the centerline intersection of Dublin- Granville Road (I.C.H. 546 Sec. C2 & New Albany, variable width) and Greensward Road (Plat Book 114, Page 23, 60' wide);
Thence South 83° 05' 21" West, with the centerline of said Dublin-Granville Road, a distance of 50.00 feet to a point;
Thence South 06° 54' 39" East, crossing said Dublin-Granville Road, a distance of 30.00 feet to an iron pin set in the southerly right-of-way line of said Dublin-Granville Road, the southerly line of the remainder of that 147 acre and 14 poles tract conveyed as tract 1 to William A. Morse, Trustee by deed of record in Instrument Number 201912040163337, the northwesterly comer of the dedication plat entitled "Greensward Road Dedication and Easements", of record in Plat Book 114, Page 23, the TRUE POINT OF BEGINNING for this description;
Thence with the westerly right-of-way line of said Greensward Road the following courses and distances:
With the arc of a curve to the right, having a central angle of 90° 00' 00", a radius of 20.00 feet, an arc length of 31.42 feet, a chord bearing of South 51° 54' 38" East and chord distance of 28.28 feet to an iron pin set; South 06° 54' 39" East, a distance of 50.00 feet to an iron pin set;
With the arc of a curve to the right, having a central angle of 40° 49' 34", a radius of 470.00 feet, an arc length of 334.90 feet, a chord bearing of South 13° 30' 08" West and chord distance of 327.86 feet to an iron pin set; South 33° 54' 55" West, a distance of 291.18 feet to an iron pin set; and
With the arc of a curve to the left, having a central angle of 59° 54' 50", a radius of 510.00 feet, an arc length of 533.30 feet, a chord bearing of South 03° 57' 30" West and chord distance of 509.34 feet to an iron pin set at northeasterly comer of that 103.031 acre tract conveyed to The New Albany Company LLC by deed of record in Instrument Number 201009020114200;
Thence North 87° 30' 29" West, with the northerly line of said 103.031 acre tract, a distance of 1161.72 feet to a 3/4 inch iron pin found at a northeasterly comer of that 23.056 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number 201808010102610;
Thence with the boundary of said 23.056 acre tract the following courses and distances: North 87° 49' 28" West, a distance of 308.55 feet to a 3/4 inch iron pin found;
North 05° 08' 39" West, a distance of 622.36 feet to an iron pin set; South 83° 05' 21" West, a distance of 84.74 feet to an iron pin set; and
North 05° 39' 39" West, a distance of 211.35 feet to an iron pin set in the southerly right- of-way line of said Dublin-Granville Road (see State of Ohio highway easements of record in Deed Book 1637, Page 181 and Deed book 1637, Page 186), at the southwesterly comer of the remainder of that one-fourth of an acre tract conveyed as Tract 3 to William A. Morse, Trustee by deed of record in Instrument Number 201912040163337;
Thence North 86° 06' 07'' East, with said southerly right of way line, the southerly line of said highway easement, and the southerly line of said Tract 3 remainder, a distance of77.22 feet to an iron pin set;
Thence North 75° 19' 26" East, partly with said southerly right of way line and the southerly line of said highway easement, and partly with the northerly line of a Franklin County Commissioners highway easement, of record in Instrument Number 201808140108961, a distance of 222.04 feet to an iron pin set in the southerly line of the remainder of said Tract 1;
Thence North 83° 05' 21" East, partly with the northerly line of said highway easement, partly with said southerly right of way line, and with the southerly line of said Tract 1, a distance of 1595.38 feet to the TRUE POINT OF BEGINNING, containing 36.844 acres of land, more or less, of which 0.040 acre falls within the presently occupied right of way of Dublin-Granville Road;
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings shown hereon are based on the same meridian as the bearings shown on the subdivision plat entitled "Greensward Road Dedication and Easements", of record in Plat Book 114, Page 23, assigning a bearing of North 83°05'21" East to the southerly right of way line of Dublin-Granville Road.
This description was prepared using documents of record, prior plats of survey and observed evidence located by an actual field survey performed in May 2024.
TRACT 2 - Part of Parcel No. 545-289380
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 2, Range 16, United States Military District, being part of that 103.031 acre tract of land conveyed to The New Albany Company LLC by deed of record in Instrument Number 201009020114200 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
BEGINNING, for reference, at a 3/4 inch iron pin found at the northeasterly comer of Lot 3 of the subdivision entitled "The New Albany Country Club Section 7", of record in Plat Book 78, Page 81, in the westerly right-of-way line of Greensward Road (Plat Book 78, Page 23, 60' wide);
Thence with said westerly right-of-way line and with the arc of a curve to the right, having a central angle of 01° 51' 45", a radius of 510.00 feet, an arc length of 16.58 feet, a chord bearing of North 26° 55' 50" West and chord distance of 16.58 feet to an iron pin set at the southeasterly comer of the reminder of that 58.385 acre tract conveyed to The New Albany Company by deeds of record in Official Record 14520113 and Official Record 21256E01 (also affidavit of record in Instrument Number 199811120289607);
Thence North 87° 30' 29" West, with the southerly line of said 58.385 acre tract, a distance of259.52 feet to an iron pin set at the TRUE POINT OF BEGINNING for this description;
Thence crossing said 103.031 acre tract the following courses and distances:
South 20° 55' 57'' West, a distance of22.80 feet to an iron pin set;
South 49° 12' 51" West, a distance of 91.54 feet to an iron pin set;
South 76° 31' 16" West, a distance of 46.26 feet to an iron pin set;
South 42° 18' 32" West, a distance of 47.06 feet to an iron pin set;
South 20° 56' 51" West, a distance of 33.87 feet to an iron pin set;
South 29° 03' 17" East, a distance of 43.07 feet to an iron pin set;
South 05° 44' 21" East, a distance of 32.88 feet to an iron pin set;
South 06° 30' 20" West, a distance of 21.56 feet to an iron pin set;
South 62° 03' 09" West, a distance of 46.25 feet to an iron pin set;
South 75° 04' 07'' West, a distance of 40.58 feet to an iron pin set;
South 44° 24' 55" West, a distance of 74.89 feet to an iron pin set;
South 18° 09' 07'' West, a distance of 116.12 feet to an iron pin set;
North 86° 19' 40" West, a distance of 557.04 feet to an iron pin set;
South 02° 51' 58" West, a distance of 527.03 feet to an iron pin set;
South 23° 12' 59" East, a distance of 46.37 feet to an iron pin set;
South 03° 27' 00" West, a distance of 72.32 feet to an iron pin set;
South 24° 27' 44" West, a distance of 31.53 feet to an iron pin set;
South 40° 42' 28" West, a distance of 65.40 feet to an iron pin set;
South 05° 50' 35" East, a distance of 88.01 feet to an iron pin set;
South 20° 42' 00" East, a distance of 83.37 feet to an iron pin set;
South 57° 04' 21" East, a distance of 51.24 feet to an iron pin set;
South 49° 03' 06" East, a distance of 80.14 feet to an iron pin set;
South 63° 13' 35" East, a distance of 75.54 feet to an iron pin set;
South 44° 08' 33" East, a distance of 71.38 feet to an iron pin set;
South 28° 13' 53" East, a distance of 21.44 feet to an iron pin set; and
South 00° 56' 53" East, a distance of 54.46 feet to an iron pin set;
Thence North 88° 36' 54" West, partly crossing said 103.031 acre tract and partly with a northerly line of that 47.074 acre tract conveyed to New Albany Plain Local Joint Park District by deed of record in Instrument Number 200310100327429, a distance of 318.61 feet to a 1" iron pin found at the southeasterly comer of that 23.056 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number 201808010102610;
Thence North 03° 04' 34" East, with the easterly line of said 23.056 acre tract, a distance of 1568.14 feet to a 3/4 inch iron pin found in the southerly line of said 58.385 acre tract;
Thence South 87° 30' 29" East, with said southerly line, a distance of902.20 feet to the TRUE POINT OF BEGINNING, containing 10.101 acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings shown hereon are based on the same meridian as the bearings shown on the subdivision plat entitled "Greensward Road Dedication and Easements", of record in Plat Book 114, Page 23, assigning a bearing of North 83°05'21" East to the southerly right of way line of Dublin-Granville Road.
This description was prepared using documents of record, prior plats of survey and observed evidence located by an actual field survey performed in May 2024.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as up to eight single-unit dwellings and associated residential accessory uses, or those uses allowed by the PUD-4, Planned Unit Development District as established by Ordinance #1776-00.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "SITE PLAN," dated February 6, 2025, and signed by Eric Zartman, 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 Certificates of Occupancy for the proposed development.
SECTION 5. That this ordinance is further conditioned upon the location of the driveway access to East Dublin-Granville Road being subject to the review and approval of the City of New Albany.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.