Explanation
Council Variance Application: CV26-019
APPLICANT: Nationwide Children’s Hospital, Inc.; c/o Dave Perry, Agent; Dave Perry Company; 411 East Town Street, Floor 1; Columbus, OH 43215 and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, Floor 2; Columbus, OH 43215.
PROPOSED USE: Mixed-residential development.
COLUMBUS SOUTH SIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel formerly developed with a religious facility in the R-4, Residential District. The requested Council variance will allow redevelopment of the site with an 80-unit apartment building, 20 townhouse-style dwelling units, and 10 detached single-unit dwellings. The request will also maintain an existing monopole telecommunications antenna as approved by Ordinance #2473-2015 (CV15-036). A Council variance is required because the R-4 district does not allow apartment residential development or monopole telecommunication towers. Staff supports the Council variance process to achieve the proposed development in lieu of a rezoning because the site is within Columbus Zone-In Phase 2, is recommended for “Mixed Use 1” future land uses by the Columbus Growth Strategy (2026), and will be subject to a competitive funding process from the Ohio Housing Finance Agency (OHFA). Variances to required parking, building setbacks, building height, area district requirements, lot width, maneuvering, vision clearance, landscaping and screening, perimeter yard, and monopole development standards are all included in this request. The proposed redevelopment is consistent with the Columbus Growth Strategy’s land use recommendation, with the city’s goal of providing additional housing in all areas of the city, and with similar residential infill developments in urban areas of the city.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4 residential district; 3309.14(A), Height districts; 3312.21(B)(D), Landscaping and screening; 3312.25, Maneuvering; 3312.49(C), Required parking; 3321.05(B)(2), Vision clearance; 3332.05(4), Area district lot width requirements; 3332.15, R-4 area district requirements; 3332.21, Building lines; 3332.285, Perimeter yard; 3332.29, Height district; and 3353.05(D)(2)(4), C-2 district development limitations, of the Columbus City Codes; for the property located at 1111 STEWART AVE. (43206), to allow mixed-residential development and a monopole telecommunications tower with reduced development standards in the R-4, Residential District and to revoke Ordinance #2473-2015 (CV15-036), passed on October 19, 2015 (Council Variance #CV26-019).
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WHEREAS, by application #CV26-019, the owner of the property at 1111 STEWART AVE. (43206), is requesting a Council variance to allow mixed-residential development and a monopole telecommunications tower with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4 residential district, does not allow apartment residential development or monopole telecommunications towers, while the applicant proposes an apartment complex with up to 100 dwelling units in Area A, and to maintain an existing monopole telecommunications tower in Area C; and
WHEREAS, Section 3309.14(A), Height districts, limits building height in a 35-foot height district to 35 feet, with height defined in Section 3303.36, Height, and subject to the provisions of Section 3309.142, Height district exceptions, while the applicant proposes to maintain a monopole telecommunications tower with a built height of 92 feet in Area C; and
WHEREAS, Section 3312.21(B)(D), Landscaping and screening, requires that screening be provided for parking lots located within 80 feet of residentially zoned property and for said screening to be five feet high, four feet wide, and 75 percent opaque, while the applicant proposes no parking lot screening on the west side of a parking lot in Area A, as depicted on the Site Plan; and
WHEREAS, Section 3312.25, Maneuvering, requires parking spaces to have sufficient access and maneuvering area on the lot where the parking spaces are located, while the applicant proposes to allow maneuvering for parking spaces in Area B to occur in Area A via an easement providing full code required maneuvering; and
WHEREAS, Section 3312.49(C), Required parking, requires 1.5 parking spaces per dwelling unit for a total of 150 required parking spaces for 100 units, while the applicant proposes 125 total parking spaces in Area A; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires a 30-foot clear vision triangle at the intersection of two streets, while the applicant proposes reduced vision clearance triangles of eight feet at the northwest corner of Lockbourne Road and East Deshler Avenue, and two feet at the southwest corner of Lockbourne Road and Stewart Avenue, both in Area A; and
WHEREAS, Section 3332.05(4), Area district lot width requirements, requires a minimum lot width of 50 feet, while the applicant proposes reduced lot widths of 32± feet on each proposed lot in Area B, and a reduced lot width of 20 feet in Area C; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of not less than 5,000 square feet in area, while the applicant proposes reduced lot areas of 4,500± square feet for each proposed lot in Area B; and
WHEREAS, Section 3332.21, Building lines, requires building lines of 50 feet along Lockbourne Road, and 25 feet along both Stewart Avenue and East Deshler Avenue, while the applicant proposes reduced building lines of zero feet along Lockbourne Road, two feet along Stewart Avenue, and five feet along East Deshler Avenue in Area A; and five feet along both Stewart Avenue and East Deshler Avenue in Area B; and
WHEREAS, Section 3332.285, Perimeter yard, requires a perimeter yard totaling no less than 25 feet for a multiple-dwelling development, while the applicant proposes to utilize perimeter yard for an apartment complex reduced to two feet along Stewart Avenue, five feet along East Deshler Avenue, and with a private driveway in the west perimeter yard in Area A, as depicted on the submitted site plan; and
WHEREAS, Section 3332.29, Height district, 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 42 feet for the proposed 80-unit apartment building in Area A labeled “Building 01” on the submitted site plan; and
WHEREAS, Section 3353.05(D)(2)(4), C-2 district development limitations, requires that the base of monopole telecommunication antenna sites to be screened with a minimum five-foot high, 75 percent opaque screen, and that the required setback be 200 percent of the total height of the antenna from all residentially zoned districts, while the applicant proposes an eight-foot high chain link fence with evergreen tree plantings that together will be less than 75 percent opaque, and reduced setbacks of the lease area from a required 184 feet to approximately 30 feet from the west property line, and 34 feet from the south property line in Area C; and
WHEREAS, the Columbus South Side Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the proposal is consistent with the Columbus Growth Strategy’s land use recommendation, aligns with the city’s objective of creating more housing in all areas of the city, and is consistent with similar residential infill developments in urban areas of the city; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed residential uses; and
WHEREAS, said variances will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variances will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 1111 STEWART AVE. (43206), 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 3332.039, R-4 residential district; 3309.14(A), Height districts; 3312.21(B)(D), Landscaping and screening; 3312.25, Maneuvering; 3312.49(C), Required parking; 3321.05(B)(2), Vision clearance; 3332.05(4), Area district lot width requirements; 3332.15, R-4 area district requirements; 3332.21, Building lines; 3332.285, Perimeter yard; 3332.29, Height district; and 3353.05(D)(2)(4), C-2 district development limitations, of the Columbus City Codes; is hereby granted for the property located at 1111 STEWART AVE. (43206), insofar as said sections prohibit apartment residential development with up to 100 dwelling units in Area A, and a monopole telecommunications tower in Area C in the R-4, Residential District, with an increased building height from 35 feet to 92 feet for the monopole in Area C; no parking lot screening on the west side of a parking lot in Area A; maneuvering for parking spaces in Area B to occur in Area A; a parking space reduction from 150 spaces to 125 spaces in Area A; reduced vision clearance triangles from 30 feet to eight feet at the northwest corner of Lockbourne Road and East Deshler Avenue, and to two feet at the southwest corner of Lockbourne Road and Stewart Avenue, both in Area A; reduced minimum lot widths from 50 feet to 32± feet on each proposed lot in Area B, and reduced lot width of 20 feet in Area C; reduced lot areas from 5,000 square feet to 4,500± square feet for each proposed lot in Area B; reduced building lines in Area A from 50 to zero feet along Lockbourne Road, from 25 to 2 feet along Stewart Avenue, and from 25 to 5 feet along East Deshler Road, and in Area B from 25 to 5 feet along both Stewart Avenue East Deshler Avenue; reduced perimeter yards for an apartment complex instead of a multiple dwelling development from 25 to two feet along Stewart Avenue, five feet along East Deshler Avenue, and with a private driveway in the west perimeter yard all in Area A; an increased building height from 35 feet to 42 feet for a proposed 80-unit apartment building (Building 01) in Area A; and base screening that is less than 75 percent opaque, and reduced setbacks of the monopole lease area from 184 feet to approximately 30 feet from the west property line, and 34 feet from the south property line in Area C; said property being more particularly described as follows:
1111 STEWART AVE. (43206), being 5.31± acres located at the southwest corner of Stewart Avenue and Lockbourne Road, and being more particularly described as follows:
AREA A:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Half Section 31, Township 5, Range 22, Refugee Lands, being part of that 5.312 acre tract of land described in a deed to Nationwide Children’s Hospital, of record in Instrument Number 202508070084250, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows:
Commencing for reference at the intersection of the existing south right-of-way line for Stewart Avenue (50’ R/W width) and the existing east right-of-way line for Linwood Avenue (60’ R/W width) in The Scholl Place Subdivision by Plat Book 17, Page 64, being the northwest corner of said 5.312 acre tract;
Thence South 86 degrees 03 minutes 08 seconds East, along the south right-of-way line for said Stewart Avenue and along the north line of said 5.312 acre tract, a distance of 145.02 feet to a point and being the TRUE POINT OF BEGINNING for this description;
Thence South 86 degrees 03 minutes 08 seconds East, continuing along the south right-of-way line for said Stewart Avenue and along the north line of said 5.312 acre tract, a distance of 507.10 feet to a point;
Thence South 04 degrees 00 minutes 19 seconds West, across said 5.312 acre tract and along the proposed west right-of-way line for Lockbourne Road (variable width R/W), a distance of 347.34 feet to a point on the existing north right-of-way line for Deshler Avenue (50’ R/W width) and on the south line of said 5.312 acre tract;
Thence North 86 degrees 26 minutes 46 seconds West, along the existing north right-of-way line for said Deshler Avenue and the south line for said 5.312 acre tract a distance of 222.12 feet to a point;
Thence through said 5.312 acre tract the following seven (7) described courses:
1) North 03 degrees 22 minutes 32 seconds East, a distance of 79.38 feet to a point;
2) North 45 degrees 05 minutes 34 seconds East, a distance of 29.56 feet to a point;
3) North 03 degrees 33 minutes 03 seconds East, a distance of 68.21 feet to a point;
4) North 86 degrees 37 minutes 28 seconds West, a distance of 80.00 feet to a point;
5) South 03 degrees 33 minutes 03 seconds West, a distance of 90.19 feet to a point;
6) South 86 degrees 37 minutes 28 seconds East, a distance of 40.40 feet to a point;
7) South 03 degrees 22 minutes 32 seconds West, a distance of 79.40 feet to a point on the existing north right-of-way line for said Deshler Avenue and on the south line of said 5.312 acre tract;
Thence North 86 degrees 26 minutes 46 seconds West, along the existing north right-of-way line for said Deshler Avenue and the south line for said 5.312 acre tract a distance of 264.90 feet to a point;
Thence North 03 degrees 59 minutes 20 seconds East, across said 5.312 acre tract, a distance of 350.82 feet to the POINT OF BEGINNING for this description.
The above described tract contains a total area of 3.866 acres, all of which is located within Franklin County Auditor’s parcel number 010-032460.
AREA B:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Half Section 31, Township 5, Range 22, Refugee Lands, being part of that 5.312 acre tract of land described in a deed to Nationwide Children’s Hospital, of record in Instrument Number 202508070084250, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows:
BEGINNING at the intersection of the existing south right-of-way line for Stewart Avenue (50’ R/W width) and the existing east right-of-way line for Linwood Avenue (60’ R/W width) in The Scholl Place Subdivision by Plat Book 17, Page 64, being the northwest corner of said 5.312 acre tract;
Thence South 86 degrees 03 minutes 08 seconds East, along the south right-of-way line for said Stewart Avenue and along the north line of said 5.312 acre tract, a distance of 145.02 feet to a point;
Thence South 03 degrees 59 minutes 20 seconds West, through said 5.312 acre tract, a distance of 350.82 feet to a point on the existing north right-of-way line for Deshler Avenue (50’ R/W width) and on the south line of said 5.312 acre tract;
Thence North 86 degrees 26 minutes 46 seconds West, along the north right-of -way line for said Deshler Avenue and along the south line of said 5.312 acre tract, a distance of 144.89 feet to a point at the intersection of the existing north right-of-way line for said Deshler Avenue and the existing east right-of-way for said Linwood Avenue and at the southwest corner of said 5.312 acre tract;
Thence North 03 degrees 58 minutes 02 seconds East, along the east right-of-way line for said Linwood Avenue and along the west line of said 5.312 acre tract, a distance of 351.82 feet to the POINT OF BEGINNING for this description.
The above described tract contains a total area of 1.169 acres, all of which is located within Franklin County Auditor’s parcel number 010-032460.
AREA C:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Half Section 31, Township 5, Range 22, Refugee Lands, being part of that 5.312 acre tract of land described in a deed to Nationwide Children’s Hospital, of record in Instrument Number 202508070084250, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows:
Commencing for reference at the intersection of the existing north right-of-way line for Deshler Avenue (50’ R/W width) and the existing east right-of-way line for Linwood Avenue (60’ R/W width) in The Scholl Place Subdivision by Plat Book 17, Page 64, being the southwest corner of said 5.312 acre tract;
Thence South 86 degrees 26 minutes 46 seconds East, along the north right-of-way line for said Deshler Avenue and along the south line of said 5.312 acre tract, a distance of 409.79 feet to a point and being the TRUE POINT OF BEGINNING for this description;
Thence through said 5.312 acre tract the following seven (7) described courses:
1) North 03 degrees 22 minutes 32 seconds East, a distance of 79.40 feet to a point;
2) North 86 degrees 37 minutes 28 seconds West, a distance of 40.40 feet to a point;
3) North 03 degrees 33 minutes 03 seconds East, a distance of 90.19 feet to a point;
4) South 86 degrees 37 minutes 28 seconds East, a distance of 80.00 feet to a point;
5) South 03 degrees 33 minutes 03 seconds West, a distance of 68.21 feet to a point;
6) South 45 degrees 05 minutes 34 seconds West, a distance of 29.56 feet to a point;
7) South 03 degrees 22 minutes 32 seconds West, a distance of 79.38 feet to a point on the existing north right-of-way line for said Deshler Avenue and on the south line of said 5.312 acre tract;
Thence North 86 degrees 26 minutes 46 seconds West, along the existing north right-of-way line for said Deshler Avenue and the south line for said 5.312 acre tract a distance of 20.00 feet to the POINT OF BEGINNING for this description.
The above described tract contains a total area of 0.197 acres, all of which is located within Franklin County Auditor’s parcel number 010-032460.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an apartment complex with up to 100 dwelling-units (Area A), 10 single-unit dwellings on individually platted lots (Area B), and an existing monopole telecommunications tower (Area C), as reflected on the submitted site plan, or those uses allowed in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "SITE PLAN," dated May 7, 2026, signed by both David B. Perry, Agent for the Applicant, and Donald Plank, 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 adjustments to the plan 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 Certificates of Occupancy for the proposed residential uses.
SECTION 5. That Ordinance #2473-2015 (CV15-036), passed on October 19, 2015, be and is hereby revoked.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.