Explanation
Council Variance Application: CV24-137
APPLICANT: Connect Realty, LLC, c/o Kelsey Miller, Agent; 577 West Nationwide Boulevard, Suite 600; Columbus, OH 43215, and Thaddeus Boggs, Atty.; 10 West Broad Street, Suite 2300; Columbus, OH 43215.
PROPOSED USE: Apartment complex.
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 request to the L-ARLD, Limited Apartment Residential District (Ordinance #0484-2025; Z24-055) for an 84-unit apartment complex. Variances to allow maneuvering within the required parking setback, to reduce the building setback along Leonard Avenue, and to reduce the perimeter yard are included in this request. The requested variances reflect the existing building patterns of the area, and are largely due to the irregular shape of the parcel.
Title
To grant a Variance from the provisions of Sections 3312.25, Maneuvering; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 540 ANNAPOLIS WAY (43203), to allow reduced development standards for an apartment complex in the L-ARLD, Limited Apartment Residential District and to declare an emergency (Council Variance #CV24-137).
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WHEREAS, by application #CV24-137, the owner of property at 540 ANNAPOLIS WAY (43203), is requesting a Council variance to allow reduced development standards for an apartment complex in the L-ARLD, Limited Apartment Residential District; and
WHEREAS, Section 3312.25, Maneuvering, requires maneuvering to occur anywhere on a lot except in the area between the street right-of-way line and the parking setback line, while the applicant proposes to allow maneuvering within the required parking setback line along Leonard Avenue, as indicated on the site plan included with Ordinance #0484-2025 (Z24-055); and
WHEREAS, Section 3333.18, Building lines, requires a minimum building setback line of 80 feet from Leonard Avenue, while the applicant proposes a reduced building setback line of 25 feet; and
WHEREAS, Section 3333.255 Perimeter yard, requires a perimeter yard of 25 feet for an apartment complex, while the applicant proposes a reduced perimeter yard of 20 feet; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval as the requested variances enable the site to be developed in a way that is cohesive with the development pattern of the area, and are largely due to the irregular shape of the parcel; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed apartment complex; 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 540 ANNAPOLIS WAY (43203), in using said property as desired; now, therefore: and
WHEREAS, emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need for the applicant to obtain final site compliance plan approval and building permits to promptly begin construction to increase the supply of affordable housing, which is necessary for the immediate preservation of the public peace, property, health, and safety ; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3312.25, Maneuvering; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City Codes; is hereby granted for the property located at 540 ANNAPOLIS WAY (43203), insofar as said sections prohibit maneuvering within the required parking setback line along Leonard Avenue, a reduced building setback line from 80 to 25 feet along Leonard Avenue, and a reduced perimeter yard from 25 to 20 feet; said property being more particularly described as follows:
540 ANNAPOLIS WAY (43203), being 5.83± acres located on the north side of Maryland Avenue at the terminus of Maryland Avenue and Woodland Avenue, and being more particularly described as follows:
Being 4.93± acres located on the north side of Maryland Avenue, 175± feet west of Woodland Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus and being in Section 2, Township 5, Range 22 in the Refugee Lands, being portions of Lots 30, 31, 32, 33, 34, 35 and Lot 69 as delineated in Huling, Sherwood & Wirth’s Norfolk Addition recorded in Plat Book 5, Page 90 and subsequently amended in Plat Book 7, Page 48, and, portions of Superior Street, a 15 foot wide unnamed alley and a 20 foot wide unnamed alley as dedicated in said subdivision and subsequently vacated by the City of Columbus in Ordinance Number 714-41, and being portions of railroad right-of-way, declared “Used in Operations”, as conveyed to Norfolk and Western Railway Company in Deed Book 243, Page 257, Deed Book 251, Page 200, Deed Book 355, Page 491, Deed Book 355, Page 492, Deed Book 355, Page 494 ,Deed Book 363, Page 14, Deed Book 558, Page 397 and Deed Book 217, Page 344 (all documents referenced herein are of record in the Recorder’s Office, Franklin County, Ohio) as being further described as follows;
Commencing at a 3/4" pipe found (Northing 720695.35, Easting 1840511.62) at the southeast corner of Lot 27 in said Huling, Sherwood & Wirth’s Norfolk Addition, the southwest corner of Lot 28 in said Huling, Sherwood & Wirth’s Norfolk Addition and being in the northerly right-of-way line of Maryland Avenue;
Thence leaving the northerly right-of-way line of Maryland Avenue across said Maryland Avenue, S 03° 59' 43" W, 30.00 feet to the centerline of said Maryland Avenue;
Thence with the centerline of Maryland Avenue, S 86° 00' 17" E, 196.21 feet to a magnail set at the southwest corner of the remainder of said Norfolk and Western Railway Company tract, the southeast corner of Maryland Avenue as dedicated in Plat Book 5, Page 90 as amended in Plat Book 7, Page 48, and being the TRUE POINT OF BEGINNING for land herein described as follows;
Thence with the west line of the remainder of said Norfolk and Western Railway Company tract and the east line of Maryland as dedicated in Plat Book 5, Page 90 as amended in Plat Book 7, Page 48 along a curve turning to the left having a central angle of 01° 25' 05", a radius of 1407.70 feet, an arc length of 34.84 feet, and a chord bearing a distance of N 26° 34' 10" W, 34.84 feet to an iron pin set at the northeast corner of Maryland Avenue right of way as created in Plat Book 5, Page 90 as amended in Plat Book 7, Page 48;
Thence with the northerly right of way line of Maryland Avenue and the west line of the remainder of the remainder of said Norfolk and Western Railway Company tract, N 86° 00' 17" W, 32.43 feet to an iron pin set at an angle point in the west line of the remainder of said Norfolk and Western Railway Company tract, the southeast corner of a tract as conveyed to Marilee A. Birchfield in Instrument Number 201406250080467 and being the south line of said Lot 31;
Thence with the west line of the remainder of said Norfolk and Western Railway Company tract, the east line of said Birchfield tract and through said Lot 31 and said 20 foot wide unnamed alley, N 03° 59' 43" E, 25.00 feet to an iron pin set;
Thence continuing with the west line of the remainder of said Norfolk and Western Railway Company tract, the east line of said Birchfield tract and through said 20 foot wide unnamed alley, said Lot 31, said Lot 30, said 15 foot wide unnamed alley and said Lot 32, N 34° 39' 53" W, 160.08 feet to an iron pin set;
Thence continuing with the west line of the remainder of said Norfolk and Western Railway Company tract, the east line of said Birchfield tract and through said Lot 32, said Lot 33, said Lot 34, said Lot 35 and said Superior Street, N 50° 21' 24" W, 265.95 feet to an iron pin set at an angle point in the west line of the remainder of said Norfolk and Western Railway Company tract, the northeast corner of said Birchfield Tract, and being in the northerly right of way line of said Superior Street (50’ R/W) and the south line of Lot 69 acre created in Plat Book 7, Page 48;
Thence with the west line of the remainder of said Norfolk and Western Railway Company tract, the north line of said Birchfield tract, the northerly right of way line of Superior Street and the south line of said Lot 69, N 86° 00' 17" W, 299.46 feet to an iron pin set at the northwest corner of the remainder of said Norfolk and Western Railway Company tract and being an angle point in the south line of a 3.331 acre tract designated as Parcel Number 3005-WD (FRA-670-3.93) as conveyed to the State of Ohio in Instrument Number 199708040062308;
Thence the following four (4) courses along the south line of said 3.331 acre tract and the north line of the remainder of said Norfolk and Western Railway Company tract: 1. N 80° 14' 13" E, 191.14 feet to an iron pin set; 2. N 66° 32' 04" E, 112.51 feet to an iron pin set; 3. N 59° 25' 45" E, 169.26 feet to an iron pin set; 4. N 49° 15' 34" E, 112.95 feet to an iron pin set in the south line of a 23.663 acre tract designated as Parcel Number 3500-WD (FRA-670-3.93 RR) as conveyed to Norfolk & Western Railway Company in Instrument Number 200108270198107 and the north line of the remainder of said Norfolk and Western Railway Company tract;
Thence the following three (3) courses along the north line of the remainder of said Norfolk and Western Railway Company tract and the south line of said 23.663 acre tract: 1. N 85° 30' 24" E, 159.55 feet to an iron pin set; 2. S 04° 12' 45" W, 13.99 feet to an iron pin set; 3. N 85° 30' 24" E, 101.09 feet to an iron pin set at the northeast corner of the remainder of said Norfolk and Western Railway Company tract and being in the west line of a tract as conveyed to Elyot Lamont Ransom and Tina Denise Ransom in Instrument Number 199803020046508;
Thence with the east line of the remainder of said Norfolk and Western Railway Company tract and the west line of said Ransom property, S 04° 12' 45" W, 255.00 feet to an iron pin set;
Thence continuing with the east line of the remainder of said Norfolk and Western Railway Company tract and the west line of said Ransom property along a curve to the left having a central angle of 11° 42' 03", a radius of 1860.00 feet, an arc length of 379.85 feet, and a chord bearing a distance of S 01° 38' 17" E, 379.19 feet to a magnail set at the southeast corner of said Norfolk and Western Railway Company tract, the southwest corner of said Ransom property, and being in the centerline of Maryland Avenue;
Thence with the south line of said Norfolk and Western Railway Company tract and the centerline of Maryland Avenue, N 86° 00' 17" W, 133.37 feet to the TRUE POINT OF BEGINNING, containing 4.933 acres, more or less, 0.096 acres being in present road occupied.
The above description was prepared by Advanced Civil Design Inc. and based on existing Franklin County records, along with an actual field survey performed March, 2018. A drawing of the above description is attached hereto and made a part thereof. All iron pins set are 5/8" rebar, 30" long iron pipe with plastic cap inscribed "Norfolk Southern Real Estate Engineering Department". Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (NSRS2007). Said bearings were derived from GPS observation and determine a portion of the centerline of Maryland Avenue having a bearing of N 86° 00’ 17” W. All references used in this description can be found at the Recorder’s Office Franklin County, Ohio;
AND
Being 0.90+ acres located on the north side of Maryland Avenue, 335+ feet west of Woodland Avenue and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Section 2, Township 5, Range 22, Refugee Lands, being part of Lots 29, 30, 31, 32, 33, 34, and 35 and being all of Lots 36 and 37 of Huling, Sherwood & Wirth’s Norfolk Addition of record in Plat Book 5, Page 90 and amended in Plat Book 7, Page 48, being part of Superior Street, a 15 foot wide alley, and a 20 foot wide alley of said Huling, Sherwood & Wirth’s Norfolk Addition vacated by the City of Columbus in Ordinance Number 714-41, being part of Superior Street and Roland Court of said Huling, Sherwood & Wirth’s Norfolk Addition, and being all of a 0.984 acre tract of land described in deed to Central Ohio Opportunity Fund, LLC of record in Instrument Number 202207280109717, all references being of record in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
BEGINNING at an iron pin set at the southwest corner of Lot 37 and the southeast corner of Lot 38 of said Huling, Sherwood & Wirth’s Norfolk Addition, being on the north right-of-way line of I. R. Witcher Lane (15 feet wide) formerly known as a 15 foot wide alley of said Huling, Sherwood & Wirth’s Norfolk Addition (name changed by the City of Columbus in Ordinance Number 0295-01), and being at a southwest corner of said 0.984 acre tract;
Thence North 03°58'51" East, a distance of 170.13 feet with a west line of said 0.984 acre tract, with the common line of said Lots 37 and 38, and then crossing said Superior Street, to an iron pin set at the northwest corner of said 0.984 acre tract, being on the north right-of-way line of said Superior Street, being on the south line of Lot 69 of said Huling, Sherwood & Wirth’s Norfolk Addition, and being on a south line of a 4.933 acre tract of land described in deed to Central Ohio Opportunity Fund, LLC of record in Instrument Number 201911130151099;
Thence South 86°00’17” East, a distance of 60.23 feet with the north line of said 0.984 acre tract, with the north right-of-way line of said Superior Street, with the south line of said Lot 69, and with a south line of said 4.933 acre tract, to a 5/8” rebar found with an Advanced PS 7661 cap;
Thence South 50°21'24" East, a distance of 265.95 feet with the northeast line of said 0.984 acre tract, with the southwest line of said 4.933 acre tract, crossing said Superior Street, then crossing said Lots 35, 34, 33, and 32, to a 5/8” rebar found with an Advanced PS 7661 cap;
Thence South 34°39'53" East, a distance of 160.08 feet with the northeast line of said 0.984 acre tract, with the southwest line of said 4.933 acre tract, crossing said Lot 32, crossing said vacated 15 foot alley, crossing said Lots 30 and 31, then crossing said vacated 20 foot alley, to a 5/8” rebar found with an Advanced PS 7661 cap;
Thence South 03°59'43" West, a distance of 25.04 feet with the east line of said 0.984 acre tract, with a west line of said 4.933 acre tract, crossing said vacated 20 foot alley then crossing said Lot 31, to a 3/4” iron pipe found at the southeast corner of said 0.984 acre tract, being at a southwest corner of said 4.933 acre tract, being on the south line of said Lot 31, and being on the north right-of-way line of Maryland Avenue (60 feet wide) formerly known as Atcheson Street of said Huling, Sherwood & Wirth’s Norfolk Addition (name changed by the City of Columbus in Ordinance Number 25534);
Thence North 86°01'09" West, a distance of 100.27 feet with a south line of said 0.984 acre tract, with the south line of said Lots 31, 30 and 29, and with the north right-of-way line of said Maryland Avenue, to a 3/4” iron pipe found at a southwest corner of said 0.984 acre tract and being on the east right-of-way line of a 16 foot alley dedicated by the City of Columbus in Ordinance Number 715-41;
Thence North 03°58'51" East, a distance of 135.00 feet with a west line of said 0.984 acre tract and with the east right-of-way line of said 16 foot alley, to an iron pin set on a south line of said 0.984 acre tract, being on the south line of said Lot 32, and being on the north right-of-way line of said I. R. Witcher Lane;
Thence North 86°01'09" West, a distance of 276.00 feet with a south line of said 0.984 acre tract, with the south line of said Lot 32, crossing said Roland Court, with the south line of Lots 36 and 37, and with the north right-of-way line of said I. R. Witcher Lane, to the POINT OF BEGINNING containing 0.896 acres out of said 0.984 acre tract and Parcel Number 010-098968, and being subject to all easements and documents of record.
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 L-ARLD, Limited Apartment Residential District, specified by Ordinance #0484-2025; Z24-055.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed apartment complex.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.