Explanation
Council Variance Application: CV23-070
APPLICANT: Woda Cooper Cos., Inc.; 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.
LIVINGSTON AVENUE 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 request (Ordinance #0971-2024; Z22-042) to the AR-2, Apartment Residential District. The requested Council Variance will allow a mixed-use development with up to 118 dwelling units, 2,000 square feet of eating and drinking establishment space, and 3,500 square feet of office or retail space. Variances to building height, building setback, perimeter yard, and a reduction in required parking from 218 spaces to 162 provided spaces are included in this request. Staff supports the requested variances as they will allow a mixed-use development that is consistent with the existing mix of uses along this portion of East Livingston Avenue. Additionally, Staff notes that this site is within the initial focus area of the Zone In initiative, and the contemplated mixed-use zoning designations are consistent with this proposal.
Title
To grant a Variance from the provisions of Sections 3333.025, AR-2 apartment residential district use; 3309.14(A), Height districts; 3312.49(C), Required parking; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the properties located at 1826 E. LIVINGSTON AVE. (43205), to allow mixed-use development with reduced development standards in the AR-2, Apartment Residential District (Council Variance #CV23-070).
Body
WHEREAS, by application #CV23-070, the owner of properties at 1826 E. LIVINGSTON AVE. (43205), is requesting a Council variance to allow mixed-use development with reduced development standards in the AR-2, Apartment Residential District; and
WHEREAS, Section 3333.02, 3333.025, AR-2 apartment residential district use, prohibits commercial uses, while the applicant proposes 2,000 square feet of eating and drinking establishment space, and 3,500 square feet of retail or office space; and
WHEREAS, Section 3309.14(A), Height districts, specifies in a 35-foot height district no building or structure shall be erected to a height in excess of 35 feet, while the applicant proposes a maximum building height of 46 feet; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit for multi-unit residential development, 1 parking space per 75 square feet of eating and drinking establishment use, and 1 parking space per 250 square feet of retail use, for a total requirement of 218 parking spaces, while the applicant proposes 162 parking spaces for the mixed-use development; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 50 feet along East Livingston Avenue, while the applicant proposes a building line of eight feet, as shown on the submitted site plan; and
WHEREAS, Section 3333.255, Perimeter yard, Perimeter yard, requires a minimum perimeter yard of 25 feet, while the applicant proposes reduced perimeter yards of 10 feet along the north perimeter yard and two feet along the east perimeter yard, as shown on the submitted site plan; and
WHEREAS, the Livingston Avenue Area Commission recommends approval, and
WHEREAS, the City Departments recommend approval because the variances will permit a mixed-use development that is consistent with the existing mix of uses along this portion of the East Livingston Avenue corridor; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificates of Occupancy for the proposed mixed-use 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 1826 E. LIVINGSTON 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 3333.025, AR-2 apartment residential district use; 3309.14(A), Height districts; 3312.49(C), Required parking; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the properties located at 1826 E. LIVINGSTON AVE. (43205), insofar as said sections prohibit 2,000 square feet of eating and drinking establishment use, and 3,500 square feet of retail or office use in the AR-2, Apartment Residential District; with an increased building height from 35 to 46 feet; a parking reduction from 218 required to 162 provided spaces; a reduced building line from 50 feet to eight feet along East Livingston Avenue; and reduced perimeter yards from 25 feet to 10 feet along the north property line, and to two feet along the east property line; said property being more particularly described as follows:
1826 E. LIVINGSTON AVE. (43205), being 3.27± acres located at the northeast corner of East Livingston Avenue and Rhoads Avenue, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, State of Ohio, and bounded and described as follows:
Tract No. 1:
Being Lots Numbers Ten, Eleven, Twelve, Thirteen and Fourteen (10, 11, 12, 13 and 14) of Martha Holmes Lowell Subdivision, as the same are numbered and delineated upon the recorded plat of said subdivision, of record in Plat Book No. 10, page 62, Recorder’s Office, Franklin County, Ohio.
Tract No. 2:
Being Parcels “P”, “Q”, “R”, “S”, “T” and “U” of Bulen’s Extension to Fairwood Park Addition, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 16, page 45, Recorder’s Office, Franklin County, Ohio.
LESS AND EXCEPT THE FOLLOWING:
Situated in the City of Columbus, County of Franklin, State of Ohio and being a portion of Lot “U” of Bulen’s Extension to Fairwood Park Addition, Plat Book 16, page 45, Franklin County Recorder’s Office, and being more particularly described as follows:
Beginning at an Iron Pin Set at the northwest corner of said Lot “U”, thence South 89 degrees 25 minutes 13 seconds East, 199.14 feet, along the north line of Lot “U” and the south line of Lot “V” to a 3/4" Iron Pipe Found (East - 0.22’) at the northeast corner of Lot “U”, also being the westerly right-of-way of the Norfolk and Western Railway.
Thence, South 00 degrees 10 minutes 04 seconds East, 44.00 feet, along the east line of said Lot “U” and the westerly right-of-way of the Norfolk and Western Railway to an Iron Pin Set;
Thence, North 88 degrees 24 minutes 53 seconds West, 199.33 feet, crossing said Lot “U” to an Iron Pin Set in the west line of said Lot “U”, also being the easterly right-of-way of Rhoads Avenue;
Thence, North 00 degrees 00 minutes 00 seconds East, 40.50 feet, along the west line of said Lot “U” and the easterly right-of-way of Rhoads Avenue, to the point of beginning, containing 8415.67 square feet.
Basic of bearings for this survey is assumed due North on Rhoads Avenue. No bearings are shown on recorded plat of this subdivision.
Parcel No. 010-076843
Address: 1826 E. Livingston Avenue, Columbus, Ohio 43205
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 accordance with the submitted site plan, 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 plan titled, "SITE PLAN," dated March 8, 2024, and signed by David B. 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 adjustment to the plan shall be reviewed and may be approved by the Director of the Department of 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 developments.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.