Explanation
Council Variance Application: CV22-118
APPLICANT: RWOTE, LLC; c/o David Hodge, Atty.; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Mixed-use development.
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 #1004-2023; Z22-086) to the CPD, Commercial Planned Development District to allow a mixed-use development with up to 3,000 square feet of commercial space, 51 apartment units, and a new parking lot. The requested Council variance will permit ground floor residential and associated uses in the CPD district. Staff finds the requested variance supportable as the proposal is consistent with other recent similar urban in-fill mixed-use developments, and the land use and design recommendations of the Near East Area Plan (2005).
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted uses; and 3361.02, Permitted uses, of the Columbus City Codes; for the property located at 30 PARSONS AVE. (43215), to permit ground floor residential uses within a mixed-use development in the CPD, Commercial Planned Development District (Council Variance #CV22-118).
Body
WHEREAS, by application #CV22-118, the owner of property at 30 PARSONS AVE. (43215), is requesting a Council variance to permit ground floor residential uses within a mixed-use development in the CPD, Commercial Planned Development District; and
WHEREAS, Section 3356.03, C-4 permitted uses, permits apartment uses above certain commercial uses, but does not permit ground floor residential uses, while the applicant proposes ground-floor residential units and associated residential uses within a mixed-use development; and
WHEREAS, Section 3361.02, Permitted uses, specifies limited C-4, Commercial district uses and permits apartment uses above certain commercial uses, but does not permit ground floor residential uses, while the applicant proposes ground floor residential units and associated residential uses within a mixed-use development in the CPD district; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances will allow ground floor dwelling units and associated residential uses within a mixed-use development that is consistent with the design recommendations of the Near East Area Plan; and
WHEREAS, said 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 30 PARSONS AVE. (43215), 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 Permitted uses; and 3361.02, Permitted uses, of the Columbus City Codes, is hereby granted for the property located at 30 PARSONS AVE. (43215), insofar as said sections prohibit ground-floor residential units and associated residential uses within a mixed-use development in the CPD, Commercial Planned Development District; said property being more particularly described as follows:
30 PARSONS AVE. (43215), being 0.67± acres located at the southeast corner of Parsons Avenue and East Capital Street, and being more particularly described as follows:
Parcel 1, Parcel No. 010-216928
Being situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of Lots 25, 26 and 27 of Samuel Bartlit's Amended Addition to the City of Columbus shown of record in Plat Book 2, page 170, Recorder's Office, Franklin County, Ohio. and being more particularly described as follows:
Commencing at a spike at the intersection of the original easterly Right-of-Way line of Parsons Avenue (49.50 feet wide), with the southerly Right-of-Way line of Capital Street (30 feet wide), said point being at the northwesterly comer of said Lot 25;
Thence, North 81 degrees 35 minutes 30 seconds East, along the southerly Right-of-Way line of said Capital Street (northerly line of said Lot 25), a distance of I 0.22 feet to an iron pin at the intersection of the present easterly Right-of-Way line of said Parsons Avenue, with the southerly Right-of-Way line of said Capital Street, and THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
Thence, North 81 degrees 35 minutes 30 seconds East, along the southerly Right-of-Way line of said Capital Street (northerly line of said Lot 25), a distance of 143.08 feet to an iron pin at the intersection of the southerly Right-of-Way line of said Capital Street, with the westerly Right-of- Way line of an Alley 25 feet wide, said point being at the northeasterly comer of said Lot 25;
Thence, South 3 degrees 30 minutes West, along the easterly line of said Lots 25 and 26 (westerly Right-of-Way line of said Alley 25 feet wide), a distance of 113.79 feet to an iron pin:
Thence, South 87 degrees 18 minutes 49 seconds West, across said Lot 26 and 27, a distance of
140.82 feet to an iron pin on the present Right-of-Way line of said Parsons Avenue;
Thence, North 3 degrees 30 minutes East, across said Lots 27, 26 and 25, and along the present easterly Right-of-Way line of said Parsons Avenue, a distance of 99.44 to the place of beginning, containing 0.34265 Acres (14,926 square feet), subject however to all easements and restrictions, of record. The basis of the bearings are from the City of Columbus datum.
Parcel 2, 010-004381
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being the west par of Lots Nos. 50 and 51, Samuel Bartlit’s Amended Subdivision, as the same is shown of record in Plat Book 2, Paige 170, Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the south line of Capital Street, said point being Westerly 139.48 feet from the intersection of said south line of Capital Street with the west line of Garfield Avenue; thence from said beginning point, southerly, across Lots Nos. 50 and 51, parallel with the West Line of Garfield Avenue, 72.36 ft. to a stake in the north line of Agate Alley; thence with the north line of Agate Alley, along the South Line of Lot No. 51, Westerly 54.31 ft. to a stake at the southwest corner of said lot and in the east line of 35 ft. alley; thence with the east line of said alley, along the West Line of Lots Nos. 51 and 50, northerly a distance of 62.6 ft., to a cross chiseled in the concrete at the intersection of said east line with the south line of Capital Street; thence with the south line of Capital Street, along the north line of Lot No. 50, Easterly a distance of 40.21 ft. to the place of beginning.
Parcel 3, 010-004453
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being the east part of Lots Nos. 50 and 51, Samuel Bartlit’s Amended Subdivision, as the same is shown of record in Plat Book 2, Paige 170, Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the West Line of Garfield Avenue, said point being the intersection of said West Line of Garfield Avenue and the South Line of Capital Street, marked by a stake, thence from a beginning pint Southerly across Lots Nos. 50 and 51; a distance of 101.68 feet to a cross chiseled in the concrete at the intersection of West Line with the North Line of Agate Alley, thence along the south line of Lot No. 51 Westerly a distance of 142.52 feet to a stake at the northeast corner of Agate Alley and land formerly conveyed in May 1951 by James W. Shocknessy to Herman B. Henry, thence northerly 72.35 feet to a point in the South Line of Capital Street marked by a nail in the fence at the southeast corner of Capital Street and land formerly conveyed in May 1951 by James W. Shocknessy to Herman B. Henry, thence easterly a distance of 139.48 feet to the place of beginning.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for ground floor residential units and associated residential uses within a mixed-use development as specified in the CPD, Commercial Planned Development District in Ordinance #1004-2023 (Z22-086).
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.