Explanation
Council Variance Application: CV24-103
APPLICANT: Community Housing Network, c/o Dave Perry, Agent; David Perry Company, Inc.; 411 East Town Street, First Floor; Columbus, OH 43215, and Donald Plank, Atty.; 411 East Town Street, Second Floor; Columbus, OH 43215.
PROPOSED USE: Apartment building.
NEAR EAST 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 (Ordinance #3320-2024; Z23-070) to the AR-2, Apartment Residential District. The requested Council Variance will allow the development of a 50-unit apartment building as shown on the submitted site plan. Variances to building height, parking lot screening, building lines, and reduced parking from 75 to 25 spaces are included in the request. While the Near East Area Plan (2005) does not have a specific land use recommendation for this location, staff note the site is located near a high intensity transit corridor, with multimodal transportation options which support the proposed parking reduction, and that the development will provide affordable housing, consistent with the City’s objectives and the Plan’s design guidelines. This Council variance propose a similar development to the plan approved with Ordinance #0062-2024 (CV23-117), passed on January 8, 2024, enabling the project to seek competitive funding for an affordable housing project.
Title
To grant a Variance from the provisions of Sections 3309.14, Height districts; 3312.21(B)(3) and (D)(1)(b), Landscaping and screening; 3312.49, Required parking; 3333.18, Building lines; and 3333.23, Minimum side yard permitted, of the Columbus City Code; for the property located at 897 E. MOUND ST. (43205), to allow reduced development standards for an apartment building in the AR-2, Apartment Residential District (Council Variance #CV24-103).
Body
WHEREAS, by application #CV24-103, the owner of property at 897 E. MOUND ST. (43205), is requesting a Council variance to allow reduced development standards for an apartment building in the AR-2, Apartment Residential District; and
WHEREAS, Section 3309.14(A), Height districts, requires a maximum building height of 35 feet at the setback line for this property, while the applicant proposes an increased maximum building height of 40 feet; and
WHEREAS, Section 3312.21(B)(3), Landscaping and screening, requires that screening be provided for parking lots located within 80 feet of residentially zoned property, while the applicant proposes no parking lot screening on the east side of the driveway from East Mound Street and the north side of a parking lot aisle, as depicted on the Site Plan; and
WHEREAS, Section 3312.21 (D)(1), Landscaping and screening, requires that parking lot screening is four feet in width minimum, while the applicant proposes a reduced width of three feet for the west 25 feet of the parking lot located along Engler Street, and a reduced width of two three feet along the northern portion of the parking lot for approximately 35± feet along the dumpster area and adjacent aisle, and two feet east of the dumpster, as depicted on the Site Plan; and
WHEREAS, Section 3312.49, Required parking, requires 75 parking spaces for 50 dwelling units, while the applicant proposes a total of 25 parking spaces; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 14.5 feet along East Mound Street based on the average building line, while the applicant proposes a reduced building line of ten feet; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a side yard of no less than five feet, while the applicant proposes reduced side yards of two three feet for the north side yard and three two feet for the east side yard for the dumpster; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will provide affordable housing consistent with the City’s objectives and the Near East Area Plan’s design guidelines; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed use; 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 897 E. MOUND 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 3309.14, Height districts; 3312.21(B)(3) and (D)(1), Landscaping and screening; 3312.49, Required parking; 3333.18, Building lines; and 3333.23, Minimum side yard permitted, of the Columbus City Codes, is hereby granted for the property located at 897 E. MOUND ST. (43205), insofar as said sections prohibit an increase in building height from 35 to 40 feet; no parking lot screening along the east side of the driveway and north side of a parking lot aisle from East Mound Street, reduced parking lot screening width from four feet to three feet for the western 25 feet of the parking lot along Engler Street, and two three feet for approximately 35± feet along the northern portion of the parking lot along the dumpster area and adjacent aisle and two feet on the east side of the dumpster; a parking reduction from 75 required to 25 provided spaces; a reduced building line along East Mound Street from 14.5 feet to ten feet; and reduced minimum side yard from five feet to two three feet on the north side and four two feet on the east side of the dumpster; said property being more particularly described as follows:
897 E. MOUND ST. (43205), being 1.06± acres located on the south side of Mound Street, 90± feet east of Andrew Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Lot 27 as shown and delineated upon the plat “John and Henry Miller’s Addition to Third Subdivision”, a subdivision of record in Plat Book 1, Page 111 and described in a deed to the City of Columbus, Ohio of record in Instrument No. 200612150248643, all of Lot 28 as shown and delineated upon the plat “John and Henry Miller’s Addition to Third Subdivision”, a subdivision of record in Plat Book 1, Page 111 and described in a deed to the City of Columbus of record in Instrument No. 202303270028810, all of that tract of land described in a deed to the City of Columbus of record in Instrument No. 200309290311749, part of that tract of land described in a deed to the City of Columbus of record in Instrument No. 202307050065727 and parts of Lots A, B, C, C-1, and all of Lots B-1 and A-1 as shown and delineated upon the plat “ June Loving’s Subdivision Parts of Outlots 94 and 95”, a subdivision of record in Plat Book 17, Page 306 and described in a deed to the City of Columbus, Ohio of record in Instrument No. 199808040195962, all records referenced herein being to those located in the Recorder’s Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a point in the southerly right of way line of E. Mound Street (60.00 feet in width) at the common corner to said Lot 27 and Lot 26 as shown and delineated upon said plat “John and Henry Miller’s Addition to Third Subdivision”;
Thence South 87°57’37” East, along said southerly right of way line, a distance of 227.64 feet to a point; Thence through said Lots A, B, C, C-1 and said City of Columbus tract (Instrument No.
202307050065727) the following courses:
1. South 02°28’12” West. a distance of 125.94 feet to a point;
2. South 42°31’48” East, a distance of 19.80 feet to a point;
3. South 87°31’48” East, a distance of 33.99 feet to a point;
4. South 02°28’12” West, a distance of 53.70 feet to a point in the southerly line of that said City of Columbus tract (Instrument No. 202307050065727);
Thence North 87°57’37” West, along said southerly line and the northerly right of way line of E. Engler Street a distance of 164.61 feet to an angle point;
Thence North 02°13’55” East, continuing along said northerly right of way line, a distance of 6.50 feet to an angle point;
Thence North 87°57’37” West, continuing along said northerly right of way line, a distance of 111.00 feet to a point at the common corner to said Lots 26 and 27;
Thence North 02°28’11” East, along the common line to said Lots 26 and 27, a distance of 187.50 feet to the place of beginning and containing 1.059 acres of land.
Bearings herein are assumed.
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 allowed 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, "ZONING SITE PLAN," dated November 22, 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 a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.