Explanation
Council Variance Application: CV24-130
APPLICANT: Hamilton Place Homes LLC; c/o Laura M. Comek, Atty.; Comek Law; 17 South High Street, Suite 100; Columbus, OH 43026.
PROPOSED USE: Apartment Building.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #0717-2024; Z24-002) to the AR-2, Apartment Residential District. The requested Council Variance will allow the development of a 60-unit apartment building as shown on the submitted site plan. Variances to building height, landscaping and screening, maneuvering, required parking, fronting, minimum side yard, and rear yard are included in the request. Staff note that the redistributed trees along the perimeter of the site mitigate the setback reduction and loss of parking lot trees, consistent with the Northland Plan Volume II’s (2002) design guidelines. This Council variance proposes a similar development to the plan approved with Ordinance #0286-2024 (CV23-131), passed on February 12, 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(A), Landscaping and screening; 3312.25, Maneuvering; 3312.49, Required parking; 3333.16, Fronting; 3333.23(D), Minimum side yard permitted; and 3333.24, Rear yard; of the Columbus City Codes; for the property located at 5432 N. HAMILTON RD. (43054), to allow reduced development standards for an apartment building in the AR-2, Apartment Residential District (Council Variance #CV24-130).
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WHEREAS, by application #CV24-130, the owner of the property at 5432 N. HAMILTON RD. (43054), 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, Height districts, requires that within a 35 foot height district, no building or structure shall be erected to a height in excess of 35 feet, while the applicant proposes an increased maximum building height of 50 feet; and
WHEREAS, Section 3312.21(A), Landscaping and screening, requires eight interior parking lot shade trees, while the applicant proposes redistributing the eight required parking lot shade trees to the perimeter of the site; and
WHEREAS, Section 3312.25, Maneuvering, requires all maneuvering areas for parking be located on the same lot or parcel, while the applicant proposes maneuvering across the parcel lines between the site and the parcel to the west;
WHEREAS, Section 3312.49, Required parking, requires 1.5 parking spaces per dwelling unit for a total of 90 parking spaces for 60 units, while the applicant proposes 1.2 parking spaces per dwelling unit for a reduced total of 72 parking spaces for 60 units; and
WHEREAS, Section 3333.16, Fronting, requires each dwelling unit to have frontage on a public street, while the applicant proposes an apartment building without frontage on a public street; and
WHEREAS, Section 3333.23(D), Minimum side yard permitted, requires a minimum side yard of 8.2 feet for the southern side yard, while the applicant proposes a reduced side yard of five feet along the south side of the dumpster enclosure, as shown on the submitted site plan; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a reduced rear yard of ten percent of the total lot area; and
WHEREAS, the City Departments recommend approval because the requested variances will allow an affordable apartment building development that is consistent with the City’s priorities to provide more housing, is compatible with neighboring residential uses, and utilizes Northland Area Plan - Volume II design guidelines; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate 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 5432 N. HAMILTON RD. (43054), in using said property as desired; and
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(A), Landscaping and screening; 3312.25, Maneuvering; 3312.49, Required parking; 3333.16, Fronting; 3333.23(D), Minimum side yard permitted; and 3333.24, Rear yard, of the Columbus City Codes; is hereby granted for the property located at 5432 N. HAMILTON RD. (43054), insofar as said sections prohibit an increased building height of 50 feet; reduction in the number of parking lot shade trees from eight required to zero provided trees, with the eight trees planted on the perimeter of the site; maneuvering across the parcel line; a parking space reduction from 90 required to 72 provided spaces; a reduction in the south side yard from 8.2 to five feet; and reduced rear yard from 25 to ten percent; said property being more particularly described as follows:
5432 N. HAMILTON RD. (43054), being 1.55± acres located 300± feet east of North Hamilton Road, and 760± feet north of Thompson Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 2 North, Range 16 West, United States Military Lands and being 1.551 acres out of a 2.537 acre tract of land conveyed DS Hamilton LLC, by deed of record in Instrument 201601260009806, all references being to the Recorder's Office. Franklin County. Ohio, and bounded and described as follows:
Beginning, for reference, at Franklin County Monument No. 6666 found at an angle point in the centerline of N. Hamilton Road, said point also being the intersection of the centerline of N. Hamilton Road (variable width) with the centerline of Thompson Road;
thence N 03° 19’ 31" E along the centerline of N. Hamilton Road a distance of 1,078.31 feet to a point at the northwest corner of a 0.392 acre tract of land conveyed, for N. Hamilton Road right-of-way purposes, to the City of Columbus, Ohio, by deed of record in Instrument No.201412190168806 and at the southwest corner of a 0.194 acre tract of land conveyed, as Parcel No. 62-WD for N. Hamilton Road right-of-way purposes, to the City of Columbus, Ohio, by deed of record in Instrument No. 201812270174046, said point being S 03° 19' 31* W a distance of 508.26 feet from Franklin County I/monument No. 8813 found at an angle point in the centerline of N. Hamilton Road;
thence S 86° 54’ 29” E along the north line of said 0.392 acre tract, along the south line of said 0.194 acre tract, along a portion of the south line of an original 1.956 acre tract of land conveyed to Sara Zahra Rastegar, by deeds of record in Instrument No. 200410260246960 and Instrument No. 200810030148794 and along a portion of the north line of said 2.537 acre tract a distance of 365.45 feet to a 3/4" I.D. iron pipe set at the true place of beginning of the tract herein intended to be described (passing a 3/4" I.D. iron pipe found at the northeast corner of said 0.392 acre tract, at the southeast corner of said 0.194 acre tract and at the northwest corner of said 2.537 acre tract 60.00 feet);
thence S 86° 54' 29° E along a portion of the north line of said 2.537 acre tract and along a portion of the south line of said original 1,956 acre tract a distance of 238. 11 feet to a 3/4" I.D. iron pipe found at the northeast comer of said 2.537 acre tract, at the southeast comer of said original 1.956 acre tract and in the west line of a 3 acre tract of land conveyed to Garry L. & Pamela S. Rowe, by deed of record in Instrument No. 200010270217905;
thence S 03° 25’ 53” W along the east line of said 2.537 acre tract and along a portion of the west line of said 3 acre tract a distance of 284.48 feet to a 3/4" I.D. iron pipe found at the southeast corner of said 2.537 acre tract and at the northeast corner of a 1.507 acre tract of land conveyed to WOB Properties
LLC, by deed of record in Instrument No. 201307100115084 (passing a 5/8* solid iron pin found at 140.26 feet);
thence N 86° 56’ 27” W along a south line of said 2.537 acre tract, along the north line of said 1.507 acre tract and along a portion of the north line of an original 1.223 acre tract of land conveyed to TELHIO Credit Union, Inc by deed of record in Instrument No. 200402260041572 a distance of 237.01 feet to a 3/4 I.D. iron pipe previously set at the southeast comer of a 1.013 acre tract of land conveyed to The Kroger Co., by deed of record in Instrument No. 201602240021801;
thence N 03° 19' 31" E along a west line of said 2.537 acre tract and along the east line of said 1.013 acre tract a distance of 144.22 feet to a 3/4° I.D, iron pipe previously set at a corner of said 2.537 acre tract and at the northeast comer of said 1.013 acre tract;
thence IN 03° 05’ 31” E crossing said 2.537 acre tract a distance of 140.40 feet to the true place of beginning;
Containing 1.551 acre of land, more or less and being subject to all easements and restrictions of record. Of said 1.551 acres, 0.766 acre is within P.N. 010-295572 and 0.785 acre is within P.N. 010-295893.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of C.F. Bird & R.J. Bull, Inc Consulting Engineers & Surveyors, Columbus, Ohio, from an actual field survey performed under my supervision in June, 2015. Basis of bearings is the centerline of N. Hamilton Road, between FCGS Monument 6666 and FCGS Monument 8813 being N 03° 19' 31” E, as shown on the Centerline Survey Plat prepared by the Franklin County Engineers Office and dated February 08, 2012, all other bearings are based upon this meridian.
TOGETHER WITH the beneficial easements contained in Access and Utility Easement recorded in
Instrument No. 201911270159967 of the Franklin County, Ohio Records.
TOGETHER WITH the beneficial easement contained in Access Easement recorded in Instrument No.201911270159970 of the Franklin County, Ohio Records.
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 site plans titled, "TITLE SHEET,” “SITE PLAN,” and “2024.01808 SP - SITE PLAN,” all dated January 31, 2025, and signed by Laura MacGregor Comek, Attorney for the 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 adjustments to the plans shall be subject to review and approval by the Director of the Department 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 a Certificate of Occupancy for the proposed development.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.