Explanation
Council Variance Application: CV21-071
APPLICANT: Preferred Living; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 290; New Albany, OH 43054.
PROPOSED USE: Multi-unit residential development.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Disapproval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #3015-2021; Z21-054) to the AR-3, Apartment Residential District. The applicant proposes a 128-unit apartment building. Variances for building height, maneuvering and parking spaces for stacked parking, lot coverage, building line, and rear yard are included in the request. Staff finds the requested variances to be supportable as they will allow the site to be redeveloped with a multi-unit residential development that is consistent with residential infill in urban neighborhoods.
Title
To grant a Variance from the provisions of Sections 3309.14, Height districts; 3312.25, Maneuvering; 3312.29, Parking space; 3333.15(C), Basis of computing area; 3333.18, Building lines; and 3333.24, Rear yard, of the Columbus City Codes; for the property located at 1205 CHESAPEAKE AVE. (43212), to permit reduced development standards for a 128-unit apartment building in the AR-3, Apartment Residential District (Council Variance #CV21-071). (REPEALED BY ORD. 1390-2023 PASSED MAY 15, 2023 BA)
Body
WHEREAS, by application #CV21-071, the owner of property at 1205 CHESAPEAKE AVE. (43212), is requesting a Council variance to permit reduced development standards for a 128-unit apartment building in the AR-3, Apartment Residential District; and
WHEREAS, Section 3309.14, Height districts, requires any portion of a building in the AR-3, Apartment Residential District to not exceed 60 feet in the sixty (60) foot height district, while the applicant proposes a building height of 70 feet; and
WHEREAS, Section 3312.25, Maneuvering, requires every parking space to have sufficient access and maneuvering area on the lot where the parking spaces are located, but cannot include an abutting parking space, while the applicant proposes to allow maneuvering over parking spaces for 31 pairs of stacked spaces, subject to each pair of stacked spaces being assigned to the same dwelling unit; and
WHEREAS, Section 3312.29, Parking space, only allows stacked parking spaces to be counted as required spaces for single- and two-unit dwellings, while the applicant proposes 31 pairs of stacked spaces to be counted toward the total number of required parking spaces, subject to each pair of stacked spaces being assigned to the same dwelling unit; and
WHEREAS, Section 3333.15, Basis of computing area, limits buildings from occupying more than 50 percent of the lot area, while the applicant proposes an increased maximum lot coverage of 66 percent for the apartment building; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 25 feet along Chesapeake Avenue, while the applicant proposes a reduced building line of 10 feet along Chesapeake Avenue; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a rear yard of 5 percent for the apartment building; and
WHEREAS, the Fifth by Northwest Area Commission recommends disapproval, and
WHEREAS, the City Departments recommend approval because the variances will permit a multi-unit residential development that is consistent with infill development in urban neighborhoods; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a 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 1205 CHESAPEAKE AVE. (43212), 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 3309.14, Height districts; 3312.25, Maneuvering; 3312.29, Parking space; 3333.15(C), Basis of computing area; 3333.18, Building lines; and 3333.24, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 1205 CHESAPEAKE AVE. (43212), insofar as said sections prohibit an increased building height from 60 feet to 70 feet; with maneuvering over parking spaces for 31 pairs of stacked spaces; 31 pairs of stacked parking spaces to count as required spaces; increased lot coverage from 50 percent to 66 percent; reduced building line from 25 feet to 10 feet along Chesapeake Avenue; and reduced rear yard from 25 percent to 5 percent, said property being more particularly described as follows:
1205 CHESAPEAKE AVE. (43212), being 1.47± acres located on the south side of Chesapeake Avenue, 330± feet east of Northwest Boulevard 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 Fifteen (15), in JOHN M. PUGH'S SUBDIVISION, of 32 acres of land off of the east end of the Domigan Farm in Clinton Township, Franklin County, Ohio as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, page 324, Recorder's Office, Franklin County, Ohio.
Parcel No. 010-087471-00
Being Lot Number Ten (10) in JOHN M. PUGH'S SUBDIVISION, of 32 acres of land off of the east end of the Domigan Farm in Clinton Township, Franklin County, Ohio, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, page 324, Recorder's Office, Franklin County, Ohio.
Parcel Nos. 130-011779-00 and 130-005495-00.
Known as: 1205 Chesapeake Ave., Columbus, Ohio 43212.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses permitted in the AR-3, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "ILLUSTRATIVE PLAN," signed by Eric Zartman, Attorney for the Applicant, and dated November 11, 2021. 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 use.
SECTION 5. That this ordinance is further conditioned on the following: Interior stacked parking spaces shall be assigned to the same dwelling unit as the parking space in front of the stacked space.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.