Opponents of the controversial View on Pavey Square apartment project in the University District are concerned that the chairman of a Columbus panel that will have a say in the matter is the attorney representing the developers.
James Maniace, the lawyer who leads the Columbus Board of Zoning Adjustment, removed himself from discussions about a zoning variance for the project Tuesday night. But those against the project think it still illustrates potential conflicts that they believe plague the system.
“All these boards seem to be stacked in favor of the developers,” said Sarah Nocar, a University District resident. “Neighborhoods and citizens and everyday people are not being represented by the bodies that are appointed.”
Aaron Marshall, another University District resident and opponent, said, “There are many people in my neighborhood that have concerns with this entire process. The lawyer for the Pavey project sits on the BZA. They’re concerned about getting a fair shake.”
The mayor appoints the five members of the Board of Zoning Adjustment. According to Columbus city code, at least three members have to be city residents and at least three have to be either an architect, lawyer, building contractor, professional engineer, real-estate broker or mortgage banker.
The mayor also appoints the seven members of the University Area Review Board, which is reviewing the project. By city code, members must be three registered architects, one member from the Columbus Apartment Association, one member from the University Community Business Association, one from the University Area Commission and one at-large appointment.
Developers Celmark Development Group and Solove Real Estate propose two buildings for the View on Pavey Square at 2279 N. High St.: a six-story building set back from the street and a three-story building at High and West Northwood Avenue. The proposed project would have 115 apartments with 297 bedrooms and 230 parking spaces. Many residents think that’s too much, and that the large development would damage the neighborhood’s character.
Two of the eight buildings lining that block of North High Street, including a 19th-century farmhouse, would be demolished.
The Board of Zoning Adjustment tabled the zoning variance on building setbacks Tuesday because Maniace and another member removed themselves from the discussion, leaving only two members to talk about it; the fifth member was absent.
Nocar said that even though Maniace removed himself, he stood in the back of the room listening.
“He watches how it goes over with the board, he takes that back to the" University Area Review Board, Nocar said.
Maniace, via email, said he did not want to comment on the Pavey case. He said, "Like all of our BZA members who occasionally have to recuse, I go to the rear of the room to be out of focus of our members during their questioning and deliberation."
Robin Davis, spokeswoman for Mayor Andrew J. Ginther, said his office hasn't received complaints about the makeup of the boards. She said the mayor tries to appoint diverse boards "when we have opportunities not defined by city code."
The University Area Review Board voted 4-0 in favor of the variance, and it will move to detailed architectural review once the Board of Zoning Adjustment takes its vote.
“Many of our board members are very familiar with the university area,” said Ted Goodman, the architect who leads the board. But he said those who live outside the area bring “fresh perspective.”
The University Area Commission, an advisory board, voted 15-1 against the variance this month. Susan Keeny, the commission’s zoning chairwoman, said she has no issue with the makeup of such boards.
As for the Pavey development, she said, “The project still has a long way to go with the review board.”