Explanation
Council Variance Application: CV24-106
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.
COLUMBUS SOUTH SIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The 1.61± acre site consists of one parcel developed with a manufacturing building in the UCT, Urban Center District. The applicant filed a site compliance plan prior to the effective date of the UCT district, and was well under design prior to the district standards being available to the public. Therefore, the project is being considered under the former AR-2, Apartment Residential District, which also received a concurrent Council variance for development standards. The requested Council variance revises CV22-081 for a 60-unit apartment building that includes variances to required parking and fronting. The request includes a commitment to a site plan demonstrating a 60-unit building. The South Side Plan (2014) recommends “Neighborhood Mixed Use” land uses at this location, which encourages residential and commercial uses with densities up to 28 dwelling units per acre. Although the proposed density exceeds the Plan recommendation, Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018) consider support for such proposals if they exhibit a high level of design. Staff finds the building elevations and materials consistent with C2P2 guidelines with regards to transparency, entrances and balconies contributing to street activity, and building height transitions, as well as articulation and landscaping to screen areas where blank would otherwise exist. Staff also finds that the development will further the City’s goal to provide more housing units in all areas of the city.
Title
To grant a Variance from the provisions of Sections 3312.49, Required parking; and 3333.16, Fronting; of the Columbus City Codes; for the property located at 42 W. JENKINS AVE. (43207), to allow reduced development standards for an apartment building in the AR-2, Apartment Residential District, and to repeal Ordinance #3344.2022 (CV22-081), passed December 12, 2022 (Council Variance #CV24-106).
Body
WHEREAS, by application #CV24-106, the owner of property at 42 W. JENKINS AVE. (43207), is requesting a Council variance to allow reduced development standards for an apartment building in the AR-2, Apartment Residential District; and
WHEREAS, Section 3312.49, Required parking, requires 1.5 parking spaces per dwelling unit, or 90 spaces for 60 apartment units, while the applicant proposes 20 parking spaces; and
WHEREAS, Section 3333.16, Fronting, requires each principle building to front on a public street, while the applicant proposes an apartment building to front on West Jenkins Avenue, which is classified as an alley because the right-of-way is less than 35 feet wide; and
WHEREAS, the Columbus South Side Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances simply replace existing variances with a new site plan, and the proposal will further the City’s goal to provide more housing units; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed 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 42 W. JENKINS AVE. (43207), 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 3312.49, Required parking; and 3333.16, Fronting, of the Columbus City Codes, is hereby granted for the property located at 42 W. JENKINS AVE. (43207), insofar as said sections prohibit a reduction in required parking from 90 to 20 spaces; and an apartment building with no frontage on a public street; said property being more particularly described as follows:
42 W. JENKINS AVE. (43207), being 1.61± acres located on the north side of Jenkins Avenue, 330± feet west of South High Street, and being more particularly described as follows:
CV24-106
42 West Jenkins Avenue
Legal Description, 1.61 +/- ac
Parcel I (010-049236-00):
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being all of Lot Numbers Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18) and the south one-half of Lot Number Twelve (12) of Joseph Sauer’s Addition to the City of Columbus, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 84, Recorder’s Office, Franklin County, Ohio, excepting therefrom 40 feet off of the east end of the said lots.
Parcel II (010-227797-00):
Situated in the State of Ohio, County of Franklin, City of Columbus and being a part of South Front Street as shown on the recorded plat of Joseph Sauer’s Subdivision, Plat Book 5, Page 84 and being all of South Front Street 50’ wide beginning at the North line of Jenkins Avenue 30’ wide and terminating at a point 15.50’ North of the North line of Lot 12 of said Joseph’s Sauer’s Subdivision and containing 9710.25 square feet more or less.
Excepting therefrom the following described premises:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being all of South Front Street 50’ wide;
Beginning at a point 15.50’ North of the South line of Lot 12 as shown on the recorded subdivision plat of Joseph Sauer’s Subdivision, Plat Book 5, Page 84, and terminating at a point 15.50’ North of the North line of the said Lot 12, and containing 0.036 acres, more or less.
Parcel III (010-010088-00; 010-010089-00; 010-010090-00; 010-010091-00; 010-010092-00; 010-010093-00; 010-010094-00; 010-010095-00; 010-010096-00; 010-010097-00):
Situated in the County of Franklin, State of Ohio and City of Columbus:
Being Lots Numbered 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 of Joseph Sauer’s Subdivision, as the same are designated and delineated on the recorded plat thereof, of record in Plat Book 5, Page 84, Recorder’s Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 60-unit apartment building, in accordance with the submitted site plan.
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 18, 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 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed development.
SECTION 4. That this ordinance is further conditioned on the establishment of a Pedestrian Access Route (PAR) between the site and either the sidewalk along the north side of West Jenkins Avenue east of South Wall Street or between the site and the sidewalk along the south side of West Neff Avenue, to provide pedestrian connectivity between the site and South High Street, subject to the approval of the Department of Public Service.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 6. That Ordinance #3344-2024 (CV22-081), passed on December 12, 2022, be and is hereby repealed.