Explanation
Council Variance Application: CV25-085
APPLICANT: Nitzan Levi; 139 East Main Street, Columbus, OH 43215.
PROPOSED USE: Four-unit dwelling.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel in the R-3, Residential District. The requested Council variance will allow the development of a four-unit dwelling. A Council variance is required because single-unit dwellings are the only allowable residential use in the R-3 district. Variances for parking lot screening, stacked parking, area district lot width requirements, lot coverage, building setback, and side yard are included in this request. The site is within the planning boundaries of the Near East Area Plan (2005), which does not contain a specific land use recommendation for this location, however the Plan does recommend that new construction be consistent with adjacent housing types and densities. Staff notes that the proposed site plan and building elevations are consistent with both the Plan’s design guidelines and recommendations regarding adjacent housing types and densities. The request does not introduce an incompatible use to the area and is consistent with the City's priorities regarding housing.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3312.21(D)(1), Landscaping and screening; 3312.29, Parking space; and 3332.05(A)(4), Area district lot width requirements; Section 3332.18(D), Basis of computing area; Section 3332.21(E), Building lines; Section 3332.25(B), Maximum side yards required, of the Columbus City Codes; for the property located at 1461 FRANKLIN AVE. (43205), to allow a four-unit dwelling with reduced development standards in the R-3, Residential District (Council Variance #CV25-085).
Body
WHEREAS, by application #CV25-085, the owner of the property at 1461 FRANKLIN AVE. (43205), is requesting a Variance to allow a four-unit dwelling with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, Residential District, lists single-unit dwellings as the only allowable residential use, while the applicant proposes a four-unit dwelling; and
WHEREAS, Section 3312.21(D)(1), Landscaping and screening, requires screening of parking lots and drive aisles within 80 feet of residentially zoned districts to be five feet high, four feet wide, and 75 percent opaque, while the applicant proposes a fence with a height of five feet, but will not provide the required landscaped buffer area of four feet; and
WHEREAS, Section 3312.29, Parking space, requires that a parking space shall be a rectangular area of not less than nine feet by 18 feet with no stacking allowed, while the applicant proposes stacked parking, as shown on the submitted site plan; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a lot no less than 50 feet wide, while the applicant proposes to maintain a reduced lot width of 36 feet, as shown on the submitted site plan; and
WHEREAS, Section 3332.18(D), Basis of computing area, requires that a building shall occupy alone or together with any other building no greater than 50 percent of the lot area, while the applicant proposes an increased lot coverage of 53 percent; and
WHEREAS, Section 3332.21(E), Building lines, requires a minimum building setback of 24.5 feet along Franklin Avenue, while the applicant proposes a 15.99-foot building setback along Franklin Avenue; and
WHEREAS, Section 3332.25(B), 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, a maximum requirement of 7.2 feet for a 36-foot-wide lot, while the applicant proposes a reduced maximum side yard of 6.6 feet; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variances will allow more housing consistent with the City’s priorities with a site design that is consistent with the Near East Area Plan and C2P2 Design Guidelines; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed four-unit dwelling; 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 1461 FRANKLIN 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 is hereby granted from the provisions of Sections 3332.035, R-3 residential district; 3312.21(D)(1), Landscaping and screening; 3312.29, Parking space; and 3332.05(A)(4), Area district lot width requirements; Section 3332.18(D), Basis of computing area; Section 3332.21(E), Building lines, Section 3332.25(B), Maximum side yards required, of the Columbus City Codes; for the property located at 1461 FRANKLIN AVE. (43205), insofar as said sections prohibit a four-unit dwelling in the R-3, Residential District, with no landscaped area for parking lot screening; stacked parking spaces that maneuver over parking spaces that count as required parking spaces; reduced lot width from 50 to 36 feet; increased lot coverage from 50 percent to 53 percent lot coverage; reduced building setback from 24.5 to 15.99 feet; and reduced maximum side yard from 7.2 to 6.6 feet; said property being more particularly described as follows:
1461 FRANKLIN AVE. (43205), being 0.12± acres located on the south side of Franklin Avenue, 75± feet west of Miller Avenue, and being more particularly described as follows:
Being Lot Number Ninety-seven (97) of James Nelson's Addition to the said City of Columbus. Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 322, Recorder's Office, Franklin County, Ohio.
Known Address: 1461 Franklin Ave., Columbus, OH 43205.
Parcel number: 010-010359.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a four-unit dwelling, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the site plan titled, "SITE PLAN," dated October 23, 2025, and signed by Juliet Bullock, Architect for the Applicant, and building elevation titled “BUILDING ELEVATION,” dated October 30, 2025, and signed by Nitzan Levi, 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 adjustment to the plans 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 upon the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed four-unit dwelling.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.