Explanation
Council Variance Application: CV18-067
APPLICANT: Metro Development LLC; c/o Jill S. Tangeman, Atty.; 52 East Gay Street; Columbus, OH 43215.
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 #0041-2019; Z18-051) to the L-ARLD, Limited Apartment Residential District to allow the development of an apartment complex. The requested variance will reduce the perimeter yard setback along the north property line from 25 feet to zero feet where adjacent to an extended stay hotel development. Staff supports the variance as the northern property line abuts a similar development and will allow the applicant to provide a substantial buffer to the south and open space / natural areas along the creek as committed to on a site plan.
Title
To grant a Variance from the provisions of Section 3333.255, Perimeter yard, of the Columbus City Codes; for the property located at 5850 SUNBURY ROAD (43230), to permit an apartment complex with a reduced perimeter yard in the L-ARLD, Limited Apartment Residential District (Council Variance #CV18-067).
Body
WHEREAS, by application #CV18-067, the owner of property at 5850 SUNBURY ROAD (43230), is requesting a Council variance to permit the development of an apartment complex with a reduced perimeter yard in the L-ARLD, Limited Apartment Residential District; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of 25 feet, while the applicant proposes a reduced perimeter yard of zero feet along the north property line; and
WHEREAS, the City Departments recommend approval of the requested variance, preferring the development to closely abut the similar development to the north, while providing a substantial buffer to the south and open space / natural areas along the creek as committed to on a site plan; and
WHEREAS, this ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed use; 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 5850 SUNBURY ROAD (43230), 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 3333.225, Perimeter yard, of the Columbus City Codes, is hereby granted for the property located at 5850 SUNBURY ROAD (43230), insofar as said section prohibits an apartment complex with a reduction in perimeter yard from 25 feet to zero feet along the north property line; said property being more particularly described as follows:
5850 SUNBURY ROAD (43230), being 6.3± acres located on the east side of Sunbury Road, 1,000± feet south of State Route 161, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Blendon, being in Section 4, Township 2, Range 17, United States Military Lands and containing 6.328+/- acres, said 6.328+/- acres being all of the remainder of that Original 3.010 acre tract of land as conveyed to Lisa Pickens Silva of record in Instrument No. 201205070063351 and all of the remainder of that Original 5 acre tract of land also conveyed to Lisa Pickens Silva of record in Instrument No. 201205070063352, said 6.328+/- acres more particularly described as follows;
Beginning at a point in the southerly line of said Original 5 acre tract of land, said pin also being in the northerly line of that Original 2 acre tract of land as conveyed to William S. Cowman of record in Instrument No. 199807020166218, being at the northeasterly corner of that 0.363 acre tract of land described as Parcel 13WD (FRA-161-16.24) as conveyed to the State of Ohio of record in Deed Book 2944, Page 484, being at the southeasterly corner of that 0.759 acre tract of land described as Parcel 14WD (FRA-161-16.24) and as appropriated by the State of Ohio in Franklin County Court of Common Pleas Case No. 235987 of record in Deed Book 2993, Page 185, being in the easterly right-of-way line of Sunbury Road (P.B. 99, Pg. 61) and being in the easterly line of existing City of Columbus Corporation Line (Case #67-88, Ordinance #3050-88, O.R. 12921A01);
Thence with the easterly line of said Parcel 14WD, across said Original 5 acre tract, along said right-of-way line and with said City of Columbus Corporation Line, the following two (2) courses and distances:
N 27° 22' 05" E, 27.38 feet to an angle point;
N 23° 21' 05" E, 191.07 feet to a point in the northerly line of said Original 5 acre tract, at the northeasterly corner of said Parcel 14WD, said corner also being the southeasterly corner of that 0.811 acre tract of land described as Parcel 15WD (FRA-161-16.24) and as appropriated by the State of Ohio in Franklin County Court of Common Pleas Case No. 236854 of record in Deed Book 3020, Page 142, the southwesterly corner of that 0.142 acre tract of land described as Parcel 37-WV (FRA-161-25.90) and as appropriated by the State of Ohio in Franklin County Court of Common Pleas Case No. 03CVH03-2947 of record in Instrument No. 200604040062398 and at the southwesterly corner of existing City of Columbus Corporation Line (Case #14-12, Ordinance #2302-2012, I.N. 201212100188740);
Thence S 85° 50' 15" E, with the northerly line of said Original 5 acre tract, the southerly line of said Parcel 37-WV, with said City of Columbus Corporation Line (Case #14-12, Ordinance #2302-2012, I.N. 201212100188740) and continuing along said right-of-way line, 42.55 feet to a point at the southeasterly corner of said Parcel 37-WV;
Thence with the easterly line of said Parcel 37-WV, across said Original 3.010 acre tract, with said City of Columbus Corporation Line (Case #14-12, Ordinance #2302-2012, I.N. 201212100188740) and continuing along said right-of-way line, the following three (3) courses and distances:
N 19° 39' 13" E, 80.35 feet to a point of curvature;
with a curve to the left, having a central angle of 22° 41' 42" and a radius of 103.35 feet, an arc length of 40.94 feet and a chord bearing and distance N 08° 18' 22" E, 40.67 feet to a point of tangency;
N 03° 02' 30" W, 32.26 feet to a point in the northerly line of said Original 3.010 acre tract, at the northeasterly corner of said Parcel 37-WV, said corner also being the southeasterly corner of that 0.054 acre tract of land described as Parcel 35-WV (FRA-161-25.90) and as conveyed to the City of Columbus of record in Instrument No. 200303040063330 and the southwesterly corner of that 4.195 acre tract of land as conveyed to Walnut Creek II, LLC of record in Instrument No. 201503260037853;
Thence S 85° 50' 15" E, with the northerly line of said Original 3.010 acre tract, the southerly line of said 4.195 acre tract and with said City of Columbus Corporation Line (Case #14-12, Ordinance #2302-2012, I.N. 201212100188740), 620.15 feet to a point at the northeasterly corner of said Original 3.010 acre tract in the centerline of Alum Creek, a point in the westerly line of Lot 10 of Block I as it is numbered and delineated upon the record plat “Chilcotes Ingleside Addition” of record in Plat Book 19, Page 28 and also being in the westerly line of existing City of Columbus Corporation Line (Case #20-17, Ordinance #0218-2018, I.N. 201804090045777);
Thence with the easterly lines of said Original 3.010 acre tract and said Original 5 acre tract, along the centerline of said Alum Creek, with the westerly lines of said “Chilcotes Ingleside Addition” and with said existing City of Columbus Corporation Line (Case #20-17, Ordinance #0218-2018, I.N. 201804090045777), the following three (3) courses and distances:
S 22° 59' 38" W, 158.49 feet to an angle point;
S 25° 28' 45" W, 241.17 feet to an angle point;
S 24° 57' 45" W, 174.30 feet to the southeasterly corner of said Original 5 acre tract and northeasterly corner of said Original 2 acre tract;
Thence N 67° 42' 38" W, with the southerly line of said Original 5 acre tract, the northerly line of said Original 2 acre tract and leaving the centerline of said Alum Creek, 584.96 feet to the True Point of Beginning. Containing approximately 6.328 acres, more or less, with an approximate acreage breakdown of the following: 2.059 acres, more or less, out of Parcel No. 110-000886 and 4.269 acres, more or less, out of Parcel No. 110-000698. The above description was written by Advanced Civil Design on May 21, 2018. A drawing of the above description has been prepared and is a part hereof.
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 as permitted by the L-ARLD, Limited Apartment Residential District specified by Ordinance #0041-2019 (Z18-051).
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.