Explanation
Council Variance Application: CV19-090
APPLICANT: Oak Grocery II, LLC; c/o Dave Perry, Agent; David Perry Company, Inc.; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Mixed-use development.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from the Development Commission for a concurrent rezoning (ORD #3236-2021; Z19-069) to the CPD, Commercial Planned Development and R-2F, Residential districts, which establishes proper zoning for a mixed-use development consisting of 22 dwelling units with retail, office, restaurant, and outside dining uses in Subarea A (the CPD district), and a two-unit dwelling in Subarea B (the R-2F district), as previously permitted by a Council variance (Ordinance #1147-2018; CV17-083). This Council variance will conform existing conditions of the developments as there will be new zoning district requirements after rezoning the property from the ARLD, Apartment Residential District. Variances are included to allow two ground floor residential dwelling units within the existing mixed-use development (Subarea A), and reduced lot size, building lines, lot coverage, vision clearance, and yard requirements for the two-unit dwelling (Subarea B). Staff supports the requested variances, as the proposal presents no significant changes from the previously approved variance, and will conform existing conditions that are rendered non-conforming within the new zoning districts requested in Z19-069. The request remains consistent with infill development projects in urban neighborhoods, and is compatible with the housing types and densities found in the area.
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To grant a Variance from the provisions of Sections 3355.03, C-3 Permitted uses; 3361.02, Permitted uses; 3321.05(B)(2), Vision clearance; 3332.05(A)(4), Area district lot width requirements; 3332.14, R-2F area district requirements; 3332.18(D), Basis of computing area; 3332.21(D), Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 1117 OAK ST. (43205), to permit ground floor residential uses within a mixed-use development in the CPD, Commercial Planned Development District, and reduced development standards for a two-unit dwelling in the R-2F, Residential District (Council Variance #CV19-090).
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WHEREAS, by application #CV19-090, the owner of property 1117 OAK ST. (43205), is requesting a Council variance to permit ground floor residential uses within a mixed-use development in the CPD, Commercial Planned Development District, and reduced development standards for a two-unit dwelling in the R-2F, Residential District; and
WHEREAS, by Ordinance #x-2021 (Rezoning Application #Z19-069), the CPD, Commercial Planned Development District permits Section 3355.03, C-3 Permitted uses for Subarea A; and
WHEREAS, Section 3355.03, C-3 Permitted uses, does not permit ground floor residential uses, while the applicant proposes two dwelling units on the first floor of the mixed-use building in Subarea A; and
WHEREAS, Section 3361.02, Permitted uses, specifies C-3 district uses, and does not permit ground-floor residential uses, which are Residential or Apartment Residential district uses, while the applicant proposes two dwelling units on the first floor of the mixed-use building in Subarea A; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires clear vision triangles of 10 feet at the intersection of a street and alley, while the applicant proposes on Subarea B to reduce the clear vision triangle at the intersection of South Ohio Avenue and Elliott Alley to 6 feet; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet in the R-2F, Residential District, while the applicant proposes a reduced lot width of 45 feet for the two-unit dwelling in Subarea B; and
WHEREAS, Section 3332.14, R-2F area district requirements, requires a two-story two-unit dwelling to be situated on a lot of no less than 6,000 square feet in area, while the applicant proposes a two-unit dwelling on a lot that contains 2,525 square feet totaling 1,263 square feet of lot area per dwelling unit on Subarea B; and
WHEREAS, Section 3332.18(D), Basis of computing area, prohibits buildings from occupying more than 50 percent of the lot area, while the applicant proposes an increased lot coverage of 74 percent in Subarea B; and
WHEREAS, Section 3332.21(D), Building lines, requires a 10 foot minimum building setback along South Ohio Avenue in Subarea B, while the applicant proposes a 4± foot building line; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to equal or exceed 20 percent of the width of the lot, or 9 feet, while the applicant proposes a maximum side yard of 8 feet for the two-unit dwelling in Subarea B; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of five feet, while the applicant proposes a minimum side yard of three feet along the north property line for the two-unit dwelling in Subarea B; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes no rear yard for the two-unit dwelling in Subarea B; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances will conform existing conditions of the developments previously permitted by a Council Variance, that will be rendered non-conforming due to the requirements of the new zoning districts requested in Z19-069; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 1117 OAK ST. (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 3355.03, C-3 Permitted uses; 3361.02, Permitted uses; 3321.05(B)(2), Vision clearance; 3332.05(A)(4), Area district lot width requirements; 3332.14, R-2F area district requirements; 3332.18(D), Basis of computing area; 3332.21(D), Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 1117 OAK ST. (43205), insofar as said sections prohibit ground floor residential uses in the CPD, Commercial Planned Development District (Subarea A); with a reduction in the required lot area from 6,000 square feet to 1,263± square feet per dwelling unit in Subarea B; increased lot coverage from 50 percent to 74 percent in Subarea B; a reduced building line along South Ohio Avenue from 10 feet to 4 feet in Subarea B; a reduction in the maximum side yard from 9 feet to 8 feet in Subarea B; a reduction in the minimum side yard from five feet to three feet along the north property line in Subarea B; with no rear yard for the two-unit dwelling in Subarea B; and a reduction in the required 10-foot clear vision triangle at the intersection of South Ohio Avenue and Elliott Alley to 6 feet in Subarea B; said property being more particularly described as follows:
1117 OAK ST. (43205), being 0.65± acres located at the northeast and northwest corners of Elliot Street and Oak Street, and being more particularly described as follows:
SUBAREA A
0.59+/- Acre
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Township 5, Range 22, Refugee Lands and being 0.59+/- acres, said 0.59+/- acres being all of Lots 215 through 219, inclusive, of the Hoffman & McGrew’s Second Addition of record in Plat Book 2, Page 200, said 0.59+/- acres also being Parcel II, Parcel III, Parcel IV, Parcel V and Parcel VI as described in the deed to S&S Meat Purveyors, Inc. of record in Official Record 22198, Page I13 and Parcel VII as described in the deed to Oak Grocery, LLC of record in Instrument No. 200604210075201, more particularly described as follows;
Beginning at the northwesterly corner of said Lot 219, said corner also being the northwesterly corner of said Parcel VII and the intersection of the easterly right-of-way line of Ohio Avenue (60’) and the southerly right-of-way line of Oak Street (50’);
Thence S 86° 44’ 05” E, with the northerly lines of said Lots 219, 218, 217, 216 and 215, with the northerly lines of said Parcel VII, Parcel V, Parcel IV, Parcel III and Parcel II and with the southerly right-of-way line of Oak Street (50’), 186.65 feet +/- to the northeasterly corner of said Lot 215 and Parcel II, said corner also being the northwesterly corner of Lot 214 of said subdivision;
Thence S 03° 45’ 07” W, with the easterly line of said Lot 215 and Parcel II and with the westerly line of said Lot 214, 137.00 feet +/- to the southeasterly corner of said Lot 215 and Parcel II, the southwesterly corner of said Lot 214 and in the northerly line of a 16’ Alley as dedicated upon said record plat;
Thence N 86° 44’ 05” W, with the southerly lines of said Lots 215 through 219, inclusive, with the southerly lines of said Parcel II, Parcel III, Parcel IV and Parcel VI and with the northerly line of said 16’ Alley, 186.65 feet +/- to the southwesterly corner of said Lot 219 and said Parcel VI, said corner also being the intersection of the northerly right-of-way line of said 16’ Alley and the easterly right-of-way line of said Ohio Avenue (60’);
Thence N 03° 45’ 07” E, with the westerly line of said Lot 219, the westerly line of said Parcel VI, the westerly line of said Parcel VII and the easterly right-of-way line of said Ohio Avenue (60’), 137.00 feet +/- to the True Point of Beginning and containing 0.59+/- acre more or less.
The above description was prepared by Advanced Civil Design Inc. on 12/21/2017 and is based on existing County Auditor records, County Recorder records and Franklin County GIS.
All references used in this description can be found at the Recorder’s Office Franklin County Ohio.
This description is not to be used in the transfer of land.
SUBAREA B
0.06+/- Acre
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Township 5, Range 22, Refugee Lands and being 0.06+/- acres, said 0.06+/- acres being part of Lots 190 and 191, of the Hoffman & McGrew’s Second Addition of record in Plat Book 2, Page 200, said 0.06+/- acres also being all of Parcel I as described in the deed to S&S Meat Purveyors, Inc. of record in Official Record 22198, Page I13 and more particularly described as follows;
Beginning at the northwesterly corner of said Lot 190, said corner also being the northwesterly corner of said Parcel I and the intersection of the easterly right-of-way line of Ohio Avenue (60’) and the northerly right-of-way line of a 16’ Alley as dedicated upon said record plat;
Thence S 86° 44’ 05” E, with the northerly line of said Lots 190, partially with the northerly line of said Lot 191, with the northerly line of said Parcel I and with the southerly right-of-way line of said 16’ Alley, 56.00 feet +/- to the northeasterly corner of said Parcel I;
Thence S 03° 45’ 07” W, with the easterly line of said Parcel I and across said Lot 191, 45.00 feet +/- to the southeasterly corner of said Parcel I;
Thence N 86° 44’ 05” W, with the southerly line of said Parcel I and across said Lots 191 and 190, 56.00 feet +/- to the southwesterly corner of said Parcel I, said corner also being in the easterly right-of-way line of said Ohio Avenue (60’);
Thence N 03° 45’ 07” E, with the westerly line of said Parcel I and the easterly right-of-way line of said Ohio Avenue (60’), 45.00 feet +/- to the True Point of Beginning and containing 0.06+/- acre more or less.
The above description was prepared by Advanced Civil Design Inc. on 12/21/2017 and is based on existing County Auditor records, County Recorder records and Franklin County GIS.
All references used in this description can be found at the Recorder’s Office Franklin County Ohio.
This description is not to be used in the transfer of land.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a mixed use development in Subarea A, and a two-unit dwelling in Subarea B, or those uses permitted in the CPD, Commercial Planned Development District and R-2F, Residential District established by Ordinance #3236-2021 (Z19-069).
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, “FINAL SITE COMPLIANCE PLAN FOR THE GEMMA,” dated November 12, 2021, and signed by David Perry, Agent for the Applicant, and Donald Plank, Attorney for the 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 on 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.