Explanation
Council Variance Application: CV20-105
APPLICANT: JDS Companies; c/o Michael Shannon, Atty.; Underhill & 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 #0611-2021; Z20-091) to the AR-3, Apartment Residential District to allow a multi-unit residential development. The requested Council variance will permit a partially-constructed extended-stay hotel building to be completed as a 54-unit apartment building with a reduction in the minimum number of parking spaces from 81 to 41 and reduced parking and building setbacks. Staff notes that the proposal is located in an area that is walkable and used by pedestrians and bicyclists, and includes site plan that with additional bicycle parking and parking lot screening. The request is reflective of recent residential infill developments in this urban neighborhood. The Division of Parking Services has approved a parking study for this proposal and supports the requested parking variance.
Title
To grant a Variance from the provisions of Sections 3312.27, Parking setback line; 3312.49, Minimum numbers of parking spaces required; and 3333.18(B), Building lines, of the Columbus City Codes; for the property located at 840 MICHIGAN AVE. (43215), to permit reduced development standards for an apartment building in the AR-3, Apartment Residential District (Council Variance #CV21-105). (REPEALED BY ORD. 1895-2022 PASSED 7/11/2022)
Body
WHEREAS, by application #CV20-105, the owner of property at 840 MICHIGAN AVE. (43215), is requesting a Council variance to permit reduced development standards for an apartment building in the AR-3, Apartment Residential District; and
WHEREAS, Section 3312.27, Parking setback line, requires a minimum parking setback line of 25 feet along public streets, while the applicant proposes reduced parking setback lines of 10 feet along Michigan Avenue and 16 feet along Thurber Drive West; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires 1.5 parking spaces per apartment unit, a total requirement of 81 spaces for 54 units, while the applicant proposes 41 parking spaces; and
WHEREAS, Section 3333.18(B), Building lines, requires a building setback line of 25 feet along public streets that are not identified on the Columbus Multimodal Thoroughfare Plan, while the applicant proposes setback lines of not less than 9 feet along Buttles Avenue, 16 feet along Thurber Drive West, and 23 feet along Michigan Avenue; and
WHEREAS, City Departments recommend approval of the reduced development standards as the request is reflective of recent residential infill development in this urban neighborhood. Staff notes that the proposal is located in an area that is walkable and used by pedestrians and bicyclists, and includes site plan that with additional bicycle parking and parking lot screening; and
WHEREAS, said 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 840 MICHIGAN AVE. (43215), 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, Parking setback line; 3312.49, Minimum numbers of parking spaces required; and 3333.18(B), Building lines, of the Columbus City Codes, are hereby granted for the property located at 840 MICHIGAN AVE. (43215), insofar as said sections prohibit reduced parking setback lines from 25 feet to 10 feet along Michigan Avenue and 16 feet along Thurber Drive West; a parking space reduction from 81 required to 41 spaces; and reduced building setback lines from 25 feet to 9 feet along Buttles Avenue, 16 feet along Thurber Drive West, and 23 feet along Michigan Avenue; said property being more particularly described as follows:
840 MICHIGAN AVE. (43215), being 0.62± acres located at the northeast corner of Michigan Avenue and Buttles Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, and described further as follows:
Being all of Lots 421 through 425 and part of Lot 420 of R.E. Neils Eighth Addition as the plat of same is shown of record in Plat Book 2, Page 183,Recorder’s Office, Franklin County, Ohio, together with part of a vacated alley (as said alley was vacated by Ordinance No. 827-62 of the City of Columbus, Ohio enacted may 7, 1952), within that above named subdivision lying adjacent to the north line of the above named lots, and being a part of Disposal Block “B-1” of the Goodale Slum Clearance Area and being more particularly bounded and described as follows:
Beginning at the southwesterly corner of said Lot 425, said southwesterly corner being the intersection of the easterly line of Michigan Avenue with the Northerly line of Buttles Avenue;
Thence along the easterly line of Michigan Avenue being the westerly line of Lot 425, North 2° 45’ 27” East, a distance of 150.00 feet to an iron pin;
Thence South 87° 11’ 03” East a distance of 180.51 feet to an iron pin on the westerly line of Thurber Drive West;
Thence South 2° 46’27” West along the westerly line of Thurber Drive (which is a line parallel to, and 12.5 feet west of the east line of Lot 420) a distance of 140.00 feet to the point of curvature of the intersection curve connecting the westerly line of proposed Thurber Drive, west with the northerly line of Buttles Avenue;
Thence along the arc of said curve (radius 10 feet delta 90° 03’ 30” tangent 10.01 feet) the chord of which bears south 47° 47’ 10.5” west a distance of 14.15 feet to the point of tangency of said curve in the northerly line of Buttles
Thence along the northerly line of Buttles Avenue, being the southerly line of Lots 421 through 425 and part of Lot 420 North 87° 11’ 03” west a distance of 170.50 feet to the place of beginning, containing approximately 27,000 square feet, more or less.
LESS AND EXCEPTING therefrom the following 56.67 square foot tract as conveyed by 840 Michigan Avenue, LLC to the City of Columbus, Ohio by document recorded on February 26, 2016 of record in Instrument No. 201602260023019.
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of that tract of land conveyed to 840 Michigan Avenue, LLC, of record in Instrument No. 201507080092015, said trat also being Parcel B-1 as shown upon the recorded plat for the Re-Subdivision of Goodale urban Renewal Plat Number 1 or record in Plat Book 37, page 19A and described as follows:
Beginning, for reference, at a 5/8” rebar found in concrete at the southwest corner of said Parcel B-1, said corner also being at the right of way intersection of the easterly right of way line of Michigan Avenue (60’) and northerly right of way line of Buttles Avenue (70’);
Thence with the southerly line of said Parcel B-1 and the northerly right of way line of said Buttles Avenue (70’), S 88° 51’ 03” E, 157.02 feet to an iron pin set at the True Point of Beginning;
Thence across said Parcel B-1 the following five (5) courses and distances:
N 03° 08’ 57” E, 0.22 feet to an iron pin set;
S. 86° 49’ 07” E. 6.97 feet to an iron pin set at a point of curvature;
with a curve to the left having a central angle of 90° 05’ 03” and radius of 15.50 feet, an arc length of 24.37 feet and a chord bearing and distance of N 48° 08’ 22” E. 21.94 feet to an iron pin set at a point of tangency;
N 03° 03’ 58” E, 5.96 feet to an iron pin set;
S 86° 54’ 33” E. 1.00 feet to an iron pin set in the easterly line of said Parcel B-1 and the westerly right of way line of Thurber Drive West (50’);
Thence with the easterly and southerly lines of said Parcel B-1, the westerly right of way line of said Thurber Drive West (50’) and the northerly right of way line of said Buttles Avenue (70’) the following three (3) courses and distances:
S 03° 05’ 27” W, 11.58 feet to an iron pin set at a point of curvature;
with a curve to the right having a central angle of 90° 03’ 30” and a radius of 10.00 feet, an arc length of 15.72 feet and a chord bearing and distance of S 48° 07’ 12” W, 14.15 feet to an iron pin set at a point of tangency;
N 86° 51’ 03” W, 13.48 feet to the True Point of Beginning.
Containing 56.67 Square Feet, more or less. The above description was prepared by Advanced Civil Design on January 21, 2019 and is based on existing Franklin County records and an actual field survey performed in September of 2015. A drawing of the above description is attached hereto and made a part thereof.
Bearings are based on the Ohio State Plane Coordinate System South Zone, NAD83 NSRS 2007. A bearing of S 03° 05’ 27” W was established by GPS for the easterly right of way line of Michigan Avenue (60’ R/W) between two 5/8” rebar found in concrete.
All references used in this description can be found at the Recorder’s Office, Franklin County, Ohio.
Parcel No. 010-140800
Address: 840 Michigan Avenue, Columbus, OH 43215
Prior Instrument Reference No.: General Warranty Deed filed July 8, 2015, as Instrument No. 201507080092015, Recorder’s Office, Franklin County Ohio.
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-3, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “LEVEL 1 - PROPOSED DESIGN,” and elevations titled, “WEST ELEVATION,” and “NORTH ELEVATION,” dated January 25, 2021, and signed by Michael Shannon, 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 plan shall be subject to review and approval 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 Certificates of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.