Explanation
Council Variance Application: CV20-088
APPLICANT: Lykens Companies; c/o Dave Perry, Agent, David Perry Company, Inc.; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Mixed-use development.
ITALIAN VILLAGE 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 (ORD #3238-2021; Z20-078) to the CPD, Commercial Planned Development and R-2F, Residential districts for a three-story mixed-use building containing 27 apartment units and 2,500 square feet of commercial space (Subarea 1), a 1,900 square foot eating and drinking establishment (Subarea 2), and a two-unit dwelling (Subarea 3). The requested Council variance will allow a ground floor residential dwelling unit to be maintained within the existing mixed-use development in Subarea 1, and proposes reduced lot size, lot area, and minimum side yard requirements for the two-unit dwelling in Subarea 3. Staff supports the requested variances, as the proposal presents no significant changes from the previously approved variance, nor will it add incompatible uses to the area. The request remains consistent with infill development projects in urban neighborhoods, and with the mixed-use nature of the North 4th Street corridor.
Title
To grant a Variance from the provisions of Sections 3355.03, C-3 Permitted uses; 3361.02, Permitted uses; 3332.05(A)(4), Area district lot width requirements; 3332.14, R-2F area district requirements; and 3332.26, Minimum side yard permitted, of the Columbus City Codes; for the property located at 875 N. 4TH ST. (43201), to permit ground floor residential use within a mixed-use development in the CPD, Commercial Planned Development District, and reduced development standards for a two-unit dwelling in the R-2F, Residential District, and to repeal Ordinance #3178-2017 (CV17-062), passed December 11, 2017 (Council Variance #CV20-088).
Body
WHEREAS, by application #CV20-088, the owner of property 875 N. 4TH ST. (43201), is requesting a Council variance to permit ground floor residential use within a mixed-use development in the CPD, Commercial Planned Development District, and reduced development standards for a two-unit dwelling in the R-2F, Residential District; and
WHEREAS, by Ordinance #3238-2021 (Rezoning Application #Z20-078), the CPD, Commercial Planned Development District permits Section 3355.04, C-4 Permitted uses for Subareas 1 and 2; and
WHEREAS, Section 3356.03, C-4 Permitted uses, does not permit ground floor residential uses, while the applicant proposes to maintain one dwelling unit on the first floor of the mixed-use building in Subarea 1; and
WHEREAS, Section 3361.02, Permitted uses, specifies C-4 district uses, and does not permit ground-floor residential uses, which are Residential or Apartment Residential district uses, while the applicant proposes to maintain one dwelling unit on the first floor of the mixed-use building in Subarea 1; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet in the R-2F, Residential District, while the applicant proposes a reduced lot width of 28 feet for the two-unit dwelling in Subarea 3; and
WHEREAS, Section 3332.14, R-2F area district requirements, requires a two-story two-unit dwelling to be situated on a lot of no less than 6,000 square feet in area, while the applicant proposes a two-unit dwelling on a lot that contains 2,352 square feet (pursuant to lot area calculation in 3332.18(C)) totaling 1,176 square feet of lot area per dwelling unit on Subarea 3; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of five feet, while the applicant proposes side yards of three feet along the north property line, and four feet along the south property line for the two-unit dwelling in Subarea 3; and
WHEREAS, the Italian Village Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variance presents no significant changes from the previously approved Council variance, nor will it add incompatible uses to the area. The request remains consistent with infill development projects in urban neighborhoods, and with the mixed-use nature of the North 4th Street corridor; 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 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 875 N. 4TH ST. (43201), 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 3355.03, C-3 Permitted uses; 3361.02, Permitted uses; 3332.05(A)(4), Area district lot width requirements; 3332.14, R-2F area district requirements; and 3332.26, Minimum side yard permitted, of the Columbus City Codes, is hereby granted for the property located at 875 N. 4TH ST. (43201), insofar as said sections prohibit ground floor residential uses in the CPD, Commercial Planned Development District in Subarea 1; with a reduction in the required lot area from 6,000 square feet to 1,176± square feet per dwelling unit in Subarea 3; and reductions in the minimum side yards from five feet to three feet along the north property line, and to four feet along the south property line in Subarea 3; said property being more particularly described as follows:
875 N. 4TH ST. (43201), being 0.57± acres located at the northwest corner of North 4th Street and East 1st Avenue, and being more particularly described as follows:
SUBAREA 1
CPD
0.318 ACRES:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 4, Township 5N, Range 22W, Refugee Lands, being a part of Lots 18, 19, & 20 of E. Sorin’s Subdivision of Lots 49-52 of William Phelan’s Mount Pleasant Addition to the City of Columbus as recorded in Plat Book 1, Page 286, and also being a part of land conveyed to Blankenship Family, LLC as recorded in Instrument Number 201801020000436 (all references to deeds, microfiche, plats, surveys, etc. refer to the Franklin County Recorder’s Office or Engineer’s Office) and being more particularly described as follows:
BEGINNING at the intersection of the westerly right of way line of Fourth Street (60 feet wide) as dedicated in Plat Book 1, Page 9 and the northerly right of way line of First Avenue (60 feet wide) as dedicated in Plat Book 1, Page 9, and also being the southeast corner of said Lot 20;
Thence along said northerly right of way line, also being the south line of said Lot 20, North 86°39’37” West, for a distance of 137.00 feet to a point at the intersection of said northerly right of way line and the easterly right of way line of an Alley (15 feet wide), and also being the southwest corner of said Lot 20;
Thence along said easterly right of way line, also being the west line of said Lots 19 & 20, North 08°17’23” West, for a distance of 92.53 feet to a point,
Thence leaving said easterly and west lines and across said Lots 18 & 19 for the following three (3) courses:
1) South 86°39’37” East, for a distance of 84.28 feet to a point;
2) North 03°20’23” East, for a distance of 28.64 feet to a point;
3) South 86°39’37” East, for a distance of 46.83 feet to a point on the westerly right of way line of said Fourth Street, also being the east line of said Lot 18;
Thence along said westerly right of way line and the east line of said Lots 18, 19, & 20, South 08°17’23” East, for a distance of 121.77 feet to the POINT OF BEGINNING.
Containing a total of 0.318 acres, more or less.
Being a 0.318 acre part of Tax Parcel 010-033474-00.
Bearings are based on the Ohio State Plane Coordinate System, South Zone (NAD83 adjustment) by GPS observation, referenced to the ODOT VRS network.
SUBAREA 2
CPD
0.188 ACRES:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 4, Township 5N, Range 22W, Refugee Lands, being a part of Lots 17, 18, & 19 of E. Sorin’s Subdivision of Lots 49-52 of William Phelan’s Mount Pleasant Addition to the City of Columbus as recorded in Plat Book 1, Page 286, and also being a part of land conveyed to Blankenship Family, LLC as recorded in Instrument Number 201801020000436 (all references to deeds, microfiche, plats, surveys, etc. refer to the Franklin County Recorder’s Office or Engineer’s Office) and being more particularly described as follows:
COMMENCING FOR REFERENCE at the intersection of the westerly right of way line of Fourth Street (60 feet wide) as dedicated in Plat Book 1, Page 9 and the northerly right of way line of First Avenue (60 feet wide) as dedicated in Plat Book 1, Page 9, and also being the southeast corner of said Lot 20;
Thence along said westerly right of way line, also being the east line of said Lots 18, 19, & 20, North 08°17’23” West, for a distance of 121.77 feet to THE TRUE POINT OF BEGINNING;
Thence leaving said westerly and east lines and across said Lots 18 & 19 for the following three (3) courses:
4) North 86°39’37” West, for a distance of 46.83 feet to a point;
5) South 03°20’23” West, for a distance of 28.64 feet to a point;
6) North 86°39’37” West, for a distance of 84.28 feet to a point on the easterly right of way line of an Alley (15 feet wide), also being the west line of said Lot 19;
Thence along said easterly line, also being the west line of said Lots 18 & 19, North 08°17’23” West, for a distance of 82.28 feet to a point;
Thence leaving said easterly and west lines and across said Lots 17 & 18 for the following five (5) courses:
1) South 86°39’37” East, for a distance of 57.50 feet to a point;
2) South 03°20’23” West, for a distance of 15.50 feet to a point;
3) South 86°39’37” East, for a distance of 21.43 feet to a point;
4) South 03°20’23” West, for a distance of 3.00 feet to a point;
5) South 86°39’37” East, for a distance of 61.88 feet to a point on the westerly right of way line of said Fourth Street, also being the east line of said Lot 18;
Thence along said east and westerly lines, South 08°17’23” East, for a distance of 34.15 feet to THE TRUE POINT OF BEGINNING;
Containing a total of 0.188 acres, more or less.
Being a 0.188 acre part of Tax Parcel 010-033474-00.
Bearings are based on the Ohio State Plane Coordinate System, South Zone (NAD83 adjustment) by GPS observation, referenced to the ODOT VRS network.
SUBAREA 3
R-2F
0.061 ACRES:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 4, Township 5N, Range 22W, Refugee Lands, being a part of Lots 17 & 18 of E. Sorin’s Subdivision of Lots 49-52 of William Phelan’s Mount Pleasant Addition to the City of Columbus as recorded in Plat Book 1, Page 286, and also being a part of land conveyed to Blankenship Family, LLC as recorded in Instrument Number 201801020000436 (all references to deeds, microfiche, plats, surveys, etc. refer to the Franklin County Recorder’s Office or Engineer’s Office) and being more particularly described as follows:
COMMENCING FOR REFERENCE at the intersection of the westerly right of way line of Fourth Street (60 feet wide) as dedicated in Plat Book 1, Page 9 and the northerly right of way line of First Avenue (60 feet wide) as dedicated in Plat Book 1, Page 9, and also being the southeast corner of said Lot 20;
Thence along said westerly right of way line, also being the east line of said Lots 18, 19, & 20, North 08°17’23” West, for a distance of 155.92 feet to THE TRUE POINT OF BEGINNING;
Thence leaving said westerly and east lines and across said Lots 17 & 18 for the following five (5) courses:
1) North 86°39’37” West, for a distance of 61.88 feet to a point;
2) North 03°20’23” East, for a distance of 3.00 feet to a point;
3) North 86°39’37” West, for a distance of 21.43 feet to a point;
4) North 03°20’23” East, for a distance of 15.50 feet to a point;
5) North 86°39’37” West, for a distance of 57.50 feet to a point on the easterly right of way line of an Alley (15 feet wide), also being the west line of said Lot 18;
Thence along said easterly and west lines, North 08°17’23” West, for a distance of 9.19 feet to a point at the southwest corner of a tract of land conveyed to Victor 901, LLC as recorded in Instrument Number 200712310221398;
Thence along the south line of said Victor 901, LLC tract, South 86°39’37” East, for a distance of 137.00 feet to a point at the southeast corner of said Victor 901, LLC tract, also being on the westerly right of way line of said Fourth Street, and also being the east line of said Lot 17;
Thence along said east and westerly lines, South 08°17’23” East, for a distance of 28.08 feet to THE TRUE POINT OF BEGINNING;
Containing a total of 0.061 acres, more or less.
Being a 0.061 acre part of Tax Parcel 010-033474-00.
Bearings are based on the Ohio State Plane Coordinate System, South Zone (NAD83 adjustment) by GPS observation, referenced to the ODOT VRS network.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a mixed use development in Subarea 1, and a two-unit dwelling in Subarea 3, or those uses permitted in the CPD, Commercial Planned Development District and R-2F, Residential District established by Ordinance #3238-2021 (Z20-078).
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled, "875 - 889 N 4TH; ZONING DRAWING," dated November 16, 2021, and signed by David Perry, Agent for the Applicant, and Donald Plank, 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 on 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.
SECTION 6. That Ordinance #3178-2017 (CV17-062), passed December 11, 2017, be and is hereby repealed.