Explanation
Council Variance Application: CV23-088
APPLICANT: Preferred Living; c/o David Hodge, Atty.; Underhill and Hodge, LLC; 8000 Walton Parkway, Suite 260; New Albany, OH 43054.
PROPOSED USE: Multi-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #3006-2023; Z23-049) to the AR-1, Apartment Residential District. The applicant proposes an apartment complex with a total of 69 units. Variances to reduce the building and parking setbacks, required perimeter yard, and parking space size are included in this request. The request includes commitments to a site plan and building elevations that are compatible with the neighborhood, and contains common design elements with neighboring residential uses, consistent with the Olentangy West Area Plan’s (2013) design guidelines.
Title
To grant a Variance from the provisions of Sections 3312.27(2), Parking setback; 3312.29, Parking space; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 919 OLD HENDERSON RD. (43220), to allow reduced development standards for an apartment complex in the AR-1, Apartment Residential District (Council Variance #CV23-088).
Body
WHEREAS, by application #CV23-088, the owner of property at 919 OLD HENDERSON RD. (43220), is requesting a Council variance to allow reduced development standards for an apartment complex in the AR-1, Apartment Residential District; and
WHEREAS, Section 3312.27(2), Parking setback line, requires a minimum 25 foot parking setback line from Old Henderson Road, while the applicant proposes a reduced parking setback of seven feet along Old Henderson Road; and
WHEREAS, Section 3312.29, Parking space, requires that a parking space shall be a rectangular area of not less than nine feet wide by 18 feet deep, while the applicant proposes a reduced length of 16 feet for 15 parking spaces along the southern property line, as depicted on the submitted site plan; and
WHEREAS, Section 3333.18, Building lines, requires a minimum building setback line of 25 feet from Old Henderson Road and Midwest Drive, while the applicant proposes a reduced building setback line of 10 feet from Old Henderson Road and five feet from Midwest Drive; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of 25 feet for an apartment complex, while the applicant proposes the following reduced perimeter yards: eight feet along the northern property line, two feet along the eastern and southern property lines, and seven feet along the northwestern property line, as depicted on the submitted site plan; and
WHEREAS, the City Departments recommend approval because the variances will allow an apartment complex that is compatible to neighboring residential uses and includes commitments to a site plan and building elevations that are consistent with the Olentangy West Area Plan’s design guidelines; and
WHEREAS, this 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 919 OLD HENDERSON RD. (43220), 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 3312.27(2), Parking setback; 3312.29, Parking space; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 919 OLD HENDERSON RD. (43220), insofar as said sections prohibit a reduced parking setback from 25 to seven feet from Old Henderson Road; reduced parking space length from 18 to 16 feet for 15 parking spaces along the southern property line; a reduced building setback line from 25 to 10 feet from Old Henderson Road and to five feet from Midwest Drive; and reduced perimeter yards from 25 to eight feet along the northern property line, two feet along the eastern and southern property lines, and seven feet along the northwestern property line; said property being more particularly described as follows:
919 OLD HENDERSON RD. (43220), being 2.07± acres located at the southeast corner of Old Henderson Road and Midwest Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 2, Township 1, Range 18 and 19, United States Military District and containing 2.066+/- acre of land, said 2.066+/- acre being all of that 0.099 acre tract of land as conveyed to Infodepot, LLC of record in Instrument No. 200310230339950, said 0.099 acre tract being part of Old Henderson Road (R/W Varies), all of that 0.313 acre tract of land as conveyed to Infodepot LLC of record in Instrument No. 200310230339950, said 0.313 acre tract being out of the right-of-way of Winton Road (50’) as delineated upon the record plat for Midwest Boulevard of record in Plat Book 15, Page 30, all of that 0.280 acre tract of land as conveyed to Infodepot, LLC of record in Instrument No. 200710300188097 and all of that tract of land as conveyed to Infodepot of record in Instrument No. 200004040065375, said tracts also being Lots 1, 2, 3, 4, 23, 24, 25, 26 and 27, portions of vacated alleys, as the same are numbered and delineated upon said record plat for Midwest Boulevard, said 2.066+/- acre being more particularly described as follows;
Beginning, at the southwesterly corner of said 0.313 acre tract, also being a westerly corner of said 0.280 acre tract, and in the easterly right-of-way line of Midwest Drive;
Thence with the westerly line of said 0.313 acre tract, westerly line of said Midwest Boulevard subdivision and said easterly right-of-way line, N 02° 26' 21" E, 301.13+/- feet to the northwesterly corner of said Infodepot LLC tract of record in Instrument No. 200004040065375, also being the northwesterly corner of said Lot 4 and at the intersection of the easterly right-of-way line of said Midwest Drive and southerly right-of-way line of Old Henderson Road;
Thence with the northerly line of said Infodepot LLC tract of record in Instrument No. 200004040065375, the northerly line of said Lots 2-4, inclusive, partially with the northerly line of said Lot 1, and the southerly right-of-way line of said Old Henderson Road, N 66° 57' 36" E, 158.50+/- feet to the southwesterly corner of said 0.099 acre tract;
Thence with the westerly line of said 0.099 acre tract and across the right-of-way line of said Old Henderson Road, N 23° 04' 07" W, 50.00+/- feet to the northwesterly corner of said 0.099 acre tract, in the northerly right-of-way line of said Old Henderson Road and in the southerly line of that 0.59 acre tract of land as conveyed to the City of Columbus of record in Deed Book 2630, Page 333;
Thence with a northerly line of said 0.099 acre tract and a southerly line of said 0.59 acre tract, N 23° 04' 07" W, 92.13+/- feet to a common corner thereof, said corner also being in the westerly right-of-way line of C&O Railroad;
Thence with easterly lines of said 0.099 acre tract, said 0.313 acre tract, said 0.280 tract, said Infodepot LLC tract of record in Instrument No. 200004040065375, said Midwest Boulevard subdivision and westerly right of said railroad right-of-way, S 09° 12' 33" E, 432.52+/- feet to the southeasterly corner of said 0.280 acre tract and northeasterly corner of that 7.823 acre tract of land as conveyed to Evans 925 LLC of record in Instrument No. 201503100029079;
Thence with common lines of said 0.280 acre tract and said 7.823 acre tract, the following three (3) courses and distances:
N 87° 21' 06" W, 205.29+/- feet to an angle point;
S 59° 13' 42" W, 55.88+/- feet to an angle point;
N 87° 21' 06" W, 40.36+/- feet to the TRUE POINT OF BEGINNING, containing 2.066+/- acres, more or less. The above description was written by Advanced Civil Design on August 9, 2023. A drawing of the above description is attached hereto and made a part thereof.
Parcel No.: 010-129788
Property Address: 919 Old Henderson Rd., Columbus, OH 43220.
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 permitted in the AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "DEVELOPMENT PLAN," and building elevations titled “DEPOT APARTMENTS,” both dated October 18, 2023, and signed by Eric Zartman, 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 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed development.
SECTION 5. That this ordinance is further conditioned on the prohibition of decorative open flames at the entrance to the apartment complex.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.