Explanation
Council Variance Application CV26-020
APPLICANT: Homeport c/o Laura Comek, Atty.; 65 East State Street, Suite 850, Columbus, OH 43215.
PROPOSED USE: Single and multi-unit residential development.
NORTH CENTRAL AREA COMMISSION: Approval
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of twelve undeveloped parcels in the C-4, Commercial District, and one undeveloped parcel in the R-4, Residential District. The requested Council variance will allow the site to be developed with a mix of attached and detached single-unit dwellings and a 25-unit apartment building in the C-4 district, and a non-accessory parking lot in the R-4 District. The site is split into two areas; “Area East,” located on the east side of North Nelson Road, which proposes attached and detached single-unit dwellings, and “Area West,” located on the west side of North Nelson Road, which proposes the apartment building. The request includes variances to administrative requirements, landscaping and screening, maneuvering, parking setback, required parking, vision clearance, screening of mechanical systems, and building setbacks. The site is located within the planning boundaries of the Columbus Growth Strategy (2026), which recommends “Mixed Use 1” land uses at this location and recommends that mixed use development should support a variety of mobility options, including walking, biking, and transit. Staff note the collaboration with the City’s Recreation and Parks Department and proximity to trail access, and public transit as factors for support.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Commercial District; 3332.039, R-4 residential district; 3312.03(D), Administrative requirements; 3312.21(A)(B)(D), Landscaping and screening; 3312.25, Maneuvering; 3312.27, Parking setback line; 3312.49(C), Required parking; 3321.05(A)(2), Vision Clearance; 3321.09(B), Screening; 3321.11, Screening of mechanical systems; 3332.25, Required side yards; 3332.27, Rear yard; and 3356.11, C-4 district setback lines, for the property located at 887 N. NELSON RD. (43219), to allow single- and multi-unit residential development and a non-accessory parking lot with reduced development standards in the C-4, Commercial District and R-4, Residential District, respectively (Council Variance #CV26-020).
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WHEREAS, by application #CV26-020, the owner of property at 887 N. NELSON RD. (43219), is requesting a Council variance to allow single- and multi-unit residential development with reduced development standards in the C-4, Commercial District and R-4, Residential District; and
The following variances apply to Area East:
WHEREAS, Section 3356.03, C-4 permitted uses, allows apartment uses above certain commercial uses, but does not allow ground-floor residential uses and does not allow non-accessory parking lots, while the applicant proposes ground-floor residential uses with single-unit dwellings and an eight-space non-accessory parking lot; and
WHEREAS, Section 3312.03(D), Administrative requirements, requires parking spaces to be provided on the same lot as the use they are intended to serve, while the applicant proposes otherwise compliant parking that may be divided by parcel lines, resulting in required parking that may not be on the same lot as the building(s) which they will serve; and
WHEREAS, Section 3312.21(A), Landscaping and screening, requires the interior of any parking lot containing ten or more parking spaces to provide one deciduous shade tree per ten spaces within islands or peninsulas, while the applicant proposes zero trees and will instead place them within the perimeter of the parking lot; and
WHEREAS, Section 3312.21(B)(D), Landscaping and screening, requires that screening be provided for parking lots located within 80 feet of residentially zoned property, and for said screening to be five feet high, four feet wide, and 75 percent opaque, while the applicant proposes no parking lot screening, as depicted on the Site Plan; and
WHEREAS, Section 3312.25, Maneuvering, requires all maneuvering areas for parking to be located on the same lot or parcel, while the applicant proposes maneuvering across parcel lines into public right-of-way; and
WHEREAS, Section 3312.27, Parking setback line, requires a parking setback line of 25 feet from Ridgeway Avenue, while the applicant proposes a reduced parking setback of zero feet; and
WHEREAS, Section 3312.49(C), Required parking, requires two parking spaces per dwelling unit for single-unit dwellings, and 1.5 spaces per dwelling unit for four or more dwelling units, for a total of 46 required parking spaces for Area East, while the applicant proposes reduced parking of 37 provided parking spaces for Area East; and
WHEREAS, Section 3321.05(A)(2), requires a parking space for a motor vehicle parked in a driveway shall extend no closer than 12 feet to the street right-of-way line, while the applicant proposes a vision clearance of one foot; and
WHEREAS, Section 3321.09, Screening, requires screening for nonresidential zoning districts abutting residential zoning districts, while the applicant proposes no screening between the C-4 Commercial District and R-4, Residential District; and
WHEREAS, Section 3321.11, Screening of mechanical systems, requires mechanical or other utility equipment on the ground be fully screened to the height of the equipment by wall, fence, or landscape material, while the applicant proposes no screening of the proposed transformer pad; and
WHEREAS, Section 3356.11, C-4 district setback lines, requires a building setback of 25 feet, while the applicant proposes a reduced building setback of zero feet along Ridgeway Avenue; and
The following variances apply to Area West:
WHEREAS, Section 3356.03, C-4 permitted uses, allows apartment uses above certain commercial uses, but does not allow ground-floor residential uses, while the applicant proposes ground-floor residential uses with a 25-unit apartment building; and
WHEREAS, Section 3332.039, R-4, residential district, prohibits a parking lot as a principle use, while the applicant proposes a nine-space non-accessory parking lot to be used by the residents and guests of the proposed development; and
WHEREAS, Section 3312.03(D), Administrative requirements, requires parking spaces to be provided on the same lot as the use they are intended to serve, while the applicant proposes otherwise compliant parking that may be divided by parcel lines, resulting in required parking that may not be on the same lot as the building(s) which they will serve; and
WHEREAS, Section 3312.21(A), Landscaping and screening, requires the interior of any parking lot containing ten or more parking spaces to provide one deciduous shade tree per ten spaces within islands or peninsulas, while the applicant proposes zero trees and will instead place them within the perimeter of the parking lot; and
WHEREAS, Section 3312.21(B)(D), Landscaping and screening, requires that screening be provided for parking lots located within 80 feet of residentially zoned property and for said screening to be five feet high, four feet wide, and 75 percent opaque, while the applicant proposes no parking lot screening, as depicted on the Site Plan; and
WHEREAS, Section 3312.25, Maneuvering, requires all maneuvering area for parking be located on the same lot or parcel, while the applicant proposes maneuvering across the parcel line into public right-of-way; and
WHEREAS, Section 3312.27(2), Parking setback line, requires a 25 foot parking setback line, while the applicant proposes a reduced parking setback line of zero feet from Ridgeway Avenue, as shown on the submitted site plan; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit for a total of 38 parking spaces for 25 dwelling units, while the applicant proposes a reduced total of 21 parking spaces; and
WHEREAS, Section 3321.09, Screening, requires screening for nonresidential zoning districts abutting residential zoning districts, while the applicant proposes no screening between the C-4 District and R-4 District; and
WHEREAS, Section 3321.11, Screening of mechanical systems, requires mechanical or other utility equipment on the ground be fully screened to the height of the equipment by wall, fence, or landscape material, while the applicant proposes no screening of the proposed transformer pad; and
WHEREAS, 3332.25(A)(2), Required side yards, requires a minimum side yard of five feet, while the applicant proposes a reduced side yard of zero feet for the proposed non-accessory parking lot; 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 proposed non-accessory parking lot; and
WHEREAS, Section 3356.11, C-4 district setback lines, requires buildings to have a setback of 40 feet along Nelson Road and 25 feet along Ridgeway Avenue, while the applicant proposes setbacks of zero feet from these streets; and
WHEREAS, the North Central Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the proposal is consistent with the Columbus Growth Strategy’s land use recommendation, aligns with the city’s objective of creating more housing in all areas of the city, and will not add incompatible uses to the neighborhood; 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 887 N. NELSON RD. (43219), 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 3356.03, C-4 Commercial District; 3332.039, R-4 residential district; 3312.03(D), Administrative requirements; 3312.21(A)(B)(D), Landscaping and screening; 3312.25, Maneuvering; 3312.27, Parking setback line; 3312.49(C), Required parking; 3321.05(A)(2), Vision Clearance; 3321.09(B), Screening; 3321.11, Screening of mechanical systems; 3332.25, Required side yards; 3332.27, Rear yard; and 3356.11, C-4 district setback lines, of the Columbus City Codes, is hereby granted for the property located at 887 N. NELSON RD. (43219), insofar as said sections prohibit ground floor residential uses in the C-4 Commercial District, and a non-accessory parking lot in the R-4, Residential District; with required parking spaces located on separate parcels; no parking lot shade trees; no parking lot screening; maneuvering across the parcel lines or into the public right-of-way in Area East; reduced parking setback from 25 feet to zero feet along Ridgeway Avenue for both Areas East and West; reduced number of parking spaces from 48 required spaces for Area East and 38 required parking spaces for Area West to 37 provided spaces for Area East and 21 provided spaces for Area West, noting that nine additional spaces are provided in the non-accessory parking lot; reduced vision clearance triangles from 12 feet to one foot in Area East; no screening between residential and nonresidential districts in Area West; no screening of transformer pads in both Areas East and West; reduced side yard from five feet to zero feet for the non-accessory parking lot; providing no rear yard for the non-accessory parking lot; and reduced building lines along North Nelson Road from 40 feet to zero feet, and along Ridgeway Avenue from 25 feet to zero feet, for both Areas East and West; said property being more particularly described as follows:
887 N. NELSON RD. (43219), being 2.19± acres located at the northeast and northwest corners of North Nelson Road and Ridgeway Avenue, and being more particularly described as follows:
0.085-ACRE ZONING DESCRIPTION
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of Lot 13 of Albert B. Buttles Heirs Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 184, said part also being conveyed to the Board of Trustees of the Columbus Metropolitan Library by deed of record in Instrument 201309270164258, records of the Franklin County Recorder’s Office and being more particularly described as follows:
Commencing at the southwesterly corner of Lot 13 of said Albert Buttles Heirs Subdivision, said point being in the existing northerly right of way of Ridgeway Avenue (50’ Wide, Plat Book 4, Page 184);
Thence along the southerly line of Lot 13 and the existing northerly right of way of Ridgeway Avenue, South 86° 40’ 27” East for a distance of 40.00 feet to the southwesterly corner of said lands of Columbus Metropolitan Library, the southeasterly corner of a 0.086-acre tract as conveyed to Curtis R. Muzzleman Jr. and I Buy 4 U by deed of record in Instrument 202504180039689 and the True Point of Beginning;
Thence along the westerly line of said lands of Columbus Metropolitan Library, the easterly line of said Muzzleman and I Buy 4 U tract and across Lot 13, North 03° 19’ 33” East for a distance of 92.99 feet to a point at the northwesterly corner of said lands of the Columbus Metropolitan library, the northeasterly corner of said Muzzleman and I Buy 4 U tract, in the existing northerly line of Lot 13 and in the existing southerly right of way of a 12-foot alley originally dedicated by said Albert Buttles Heirs Subdivision;
Thence along the northerly line of said lands of Columbus Metropolitan Library, the northerly line of Lot 13 and the existing southerly right of way of said 12-foot alley, South 85° 28’ 01” East for a distance of 40.00 feet to a point at the northeasterly corner of said lands of Columbus Metropolitan Library, said point also being at the intersection of the existing southerly right of way of said 12-foot alley and the existing westerly right of way of a 20-foot alley opened by Ordinance No. 410-36, dated 10/19/1936;
Thence along the easterly line of said lands of Columbus Metropolitan Library, along the existing westerly right of way of said 20-foot alley and across Lot 13, South 03° 19’ 33” West for a distance of 92.14 feet to a point in the southerly line of said lands of Columbus Metropolitan Library, the southerly line of said Lot 13 and the existing northerly right of way of Ridgeway Avenue;
Thence along the southerly line of said lands of Columbus Metropolitan Library, the southerly line of Lot 13 and the existing northerly right of way of Ridgeway Avenue, North 86° 40’ 27” West for a distance of 40.00 feet to the True Point of Beginning and containing 0.085 Acres, more or less, all of which are within Franklin County Auditor’s Parcel No. 010-047040, and subject to all other legal easements, agreements and rights-of-way of record.
This description was prepared by D. Kyle Saunders, Ohio Professional Surveyor Number 8906 from an actual field survey performed in January of 2026, and is intended solely for the purpose of re-zoning and may not be used for transfer of real estate.
Bearings are based on the existing northerly right of way of Ridgeway Avenue being North 86° 40’ 27” West as referenced to State Plane Coordinates Ohio South Zone NAD 83 with 2011 NSRS adjustment
(Epoch 2010.00) as established by GPS observations using the Ohio Department of Transportation Real-Time Network (ODOT RTN).
0.431-ACRE ZONING DESCRIPTION
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of Lot 13 of Albert B. Buttles Heirs Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 184 and also being part of a 12-foot alley originally dedicated by said Albert Buttles Heirs Subdivision and vacated by Ordinance No. 410-36, dated 10/19/1936, said parts being conveyed to the Board of Trustees of the Columbus Metropolitan Library by deed of record in Instrument 201309270164258, records of the City of Columbus and Franklin County Recorder’s Office and being more particularly described as follows:
Commencing at the southwesterly corner of Lot 13 of said Albert Buttles Heirs Subdivision, said point being in the existing northerly right of way of Ridgeway Avenue (50’ Wide, Plat Book 4, Page 184);
Thence along the southerly line of Lot 13 and the existing northerly right of way of Ridgeway Avenue, South 86° 40’ 27” East for a distance of 100.00 feet to the southwesterly corner of said lands of Columbus Metropolitan Library, the southeasterly corner of a 20-foot alley opened by Ordinance No. 410-36, dated 10/19/1936 and the True Point of Beginning;
Thence along the existing easterly right of way of said 20-foot alley and the westerly line of said lands of Columbus Metropolitan Library and across Lot 13, North 03° 19’ 33” East for a distance of 103.73 feet to a point in the former northerly right of way of said vacated 12-foot alley, the northerly line of said lands of Columbus Metropolitan Library and the southerly line of a 4.768-acre tract as conveyed to City of Columbus, Ohio by deed of record in Instrument 200205310135052;
Thence along the former northerly right of way of said vacated 12-foot alley, the northerly line of said lands of Columbus Metropolitan Library and the southerly line of said City of Columbus tract, South 85° 28’ 01” East for a distance of 189.64 feet to a point at the northeasterly corner of said lands of Columbus Metropolitan Library and in the existing westerly right of way of Nelson Road (Width Varies, Plat Book 5, Page 54, Road Record No. 7, Page 59);
Thence along the easterly line of said lands of Columbus Metropolitan Library, along the existing westerly right of way of Nelson Road and across Lot 13, South 09° 21’ 12” West for a distance of 100.29 feet to a point at the southeasterly corner of said lands of Columbus Metropolitan Library, said point being in the existing northerly right of way of Ridgeway Avenue and the southerly line of Lot 13;
Thence along the southerly line of said lands of Columbus Metropolitan Library, the existing northerly right of way of Ridgeway Avenue, and the southerly line of Lot 13, North 86° 40’ 27” West for a distance 179.07 feet to the True Point of Beginning and containing 0.431 Acres, more or less, all of which are within Franklin County Auditor’s Parcel No. 010-022712, and subject to all other legal easements, agreements and rights-of-way of record.
This description was prepared by D. Kyle Saunders, Ohio Professional Surveyor Number 8906 from an actual field survey performed in January of 2026, and is intended solely for the purpose of re-zoning and may not be used for transfer of real estate.
Bearings are based on the existing northerly right of way of Ridgeway Avenue being North 86° 40’ 27” West as referenced to State Plane Coordinates Ohio South Zone NAD 83 with 2011 NSRS adjustment
(Epoch 2010.00 ) as established by GPS observations using the Ohio Department of Transportation Real-Time Network (ODOT RTN).
1.670-ACRE ZONING DESCRIPTION
Situated in the State of Ohio, County of Franklin, City of Columbus and being all of Lots 1, 2, and 7-11 of Dr. William Shepard’s Second Subdivision, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 54, and also being part of a 20-foot alley and 15-foot alley originally dedicated by said Shepard’s Second Subdivision, the sale of which was authorized by Ordinance No. 423-91, dated 02/25/1991 and also being part of the former CS&H Railroad right of way, said lots, parts of alleys and part of former CS&H Railroad right of way being conveyed to the Board of Trustees of the Columbus Metropolitan Library by deed of record in Instrument 201309270164258, records of the City of Columbus and Franklin County Recorder’s Office and being more particularly described as follows:
Beginning at the southwesterly corner of Lot 2, the southwesterly corner of said lands of Columbus Metropolitan Library and the intersection of the existing northerly right of way of Ridgeway Avenue (50’ Wide, Plat Book 5, Page 54) and the existing easterly right of way of Nelson Road (Width Varies, Plat Book 5, Page 54, Road Record No. 7, Page 59);
Thence along the westerly line of said lands of Columbus Metropolitan Library, the westerly line of Lot 1 and 2 and the existing easterly right of way of Nelson Road, North 09° 21’ 12” East for a distance of 123.76 feet to a point at the northwesterly corner of Lot 1 and in the southerly line of said former CS&H Railroad right of way;
Thence continuing along the westerly line of said lands of Columbus Metropolitan Library, along the southerly line of said former CS&H Railroad right of way and along the northerly line of that portion of Nelson Road dedicated by Plat Book 5, Page 54, North 85° 29’ 34” West for a distance of 40.14 feet to a point in the existing centerline of Nelson Road;
Thence continuing along the westerly line of said lands of Columbus Metropolitan Library, along the existing centerline of Nelson Road and across said former CS&H Railroad right of way, North 09° 21’ 12” East for a distance of 44.71 feet to a point at the northwesterly corner of said lands of Columbus Metropolitan Library and also being in the southerly line of a 4.768-acre tract as conveyed to the City of Columbus, Ohio by deed of record in Instrument 200205310135052;
Thence along the northerly line of said lands of Columbus Metropolitan Library, across the existing easement right of way of Nelson Road, across said former CS&H Railroad right of way and along the southerly line of said City of Columbus, Ohio tract, South 84° 58’ 59” East for a distance of 509.15 feet to a point in the existing westerly limited access of right of way of I-670 at the northeasterly corner of said lands of Columbus Metropolitan Library and the southeasterly corner of said City of Columbus, Ohio tract;
Thence along the easterly line of said lands of Columbus Metropolitan Library, the existing westerly limited access right of way of I-670, and across said vacated 15-foot alley, South 15° 57’ 00” West for a distance of 56.13 feet to a point in the former southerly right of way of said 15-foot alley;
Thence continuing along the easterly line of said lands of Columbus Metropolitan Library, the existing westerly limited access right of way of I-670 and the former southerly right of way of said 15-foot alley, North 85° 29’ 34” West for a distance of 49.42 feet to a point at the northeasterly corner of Lot 11;
Thence continuing along the easterly line of said lands of Columbus Metropolitan Library and the existing westerly limited access right of way of I-670 and along the easterly line of Lot 11, South 03° 36’ 45” West for a distance of 103.44 feet to a point at the southeasterly corner of said lands of Columbus Metropolitan Library, the southeasterly corner of Lot 11 and in the existing northerly right of way of Ridgeway Avenue;
Thence along the southerly line of said lands of Columbus Metropolitan Library, the existing northerly right of way of Ridgeway Avenue and the southerly lines of Lots 1, 2, and 7-11, North 86° 09’ 07” West for a distance of 424.31 feet to the True Point of Beginning and containing 1.670 Acres, more or less, of which are within Franklin County Auditor’s Parcel No. 010-035033, 010-035032, 010-004314, 010-001869, 010-219241, 010-046274, 010-040539, 010-050999, 010-020886 and 010-041235 and subject to all other legal easements, agreements and rights-of-way of record.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for attached and detached single-unit dwellings and an apartment building with reduced development standards in the C-4, Commercial District, and a non-accessory parking lot in the R-4, Residential District, or those uses permitted by these districts.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "SITE PLAN - AREA EAST," and "IMPROVEMENT PLAN - AREA WEST," signed by Laura Comek, Attorney for the Applicant, and dated June 11, 2026. 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 uses.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.