Explanation
Council Variance Application: CV22-155
APPLICANT: Nicholas P. Schubert; c/o David Perry, Agent; David Perry Co., Inc.; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Two single-unit dwellings on one lot.
COLUMBUS SOUTHSIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel in the R-2F, Residential District developed with a single-unit dwelling. The requested Council variance will permit an accessory dwelling unit above the existing detached garage (a carriage house) at the rear of the lot. A Council variance is necessary because the R-2F, Residential District permits one single- or one two-unit dwelling on a single lot, but does not permit two separate dwellings on one lot. The request includes variances to lot width, lot area, fronting, side and rear yards, and reduced parking from four spaces required to two spaces provided. The site is located within the planning boundaries of the South Side Plan (2014), which recommends “Medium-High Density Residential” land uses at this location, and includes early adoption of the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). The request is consistent with the housing types, density and development pattern found in the surrounding area, and is not considered to be an introduction of an incompatible use.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F residential district; 3312.49, Minimum numbers of parking spaces required; 3332.05(A)(4), Area district lot width requirements; 3332.14, R-2F area district requirements; 3332.19, Fronting; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard; of the Columbus City Codes; for the property located at 202 MITHOFF ST. (43206), to permit two single-unit dwellings on one lot with reduced development standards in the R-2F, Residential District (Council Variance #CV22-155).
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WHEREAS, by application #CV22-155, the owner of the property at 202 MITHOFF ST. (43206), is requesting a Variance to permit two single-unit dwellings on one lot with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F residential district, does not permit two separate dwellings on one lot, while the applicant proposes a single-unit dwelling and an accessory dwelling unit above a detached garage (a carriage house) on one lot; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires two parking spaces per dwelling unit for a total of four required parking spaces, while the applicant proposes to provide two parking spaces; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet in the R-2F, Residential District, while the applicant proposes to maintain a reduced lot width of 33.66 feet; and
WHEREAS, Section 3332.14, R-2F area district requirements, requires a single-unit dwelling or other principal building to be situated on a lot of no less than 6,000 square feet in area, while the applicant proposes to maintain an existing single-unit dwelling and introduce a carriage house unit on a lot area of 3,398 square feet, or 1,699 square feet per unit (pursuant to lot area calculation in 3332.18(C)); and
WHEREAS, Section 3332.19, Fronting, requires a dwelling unit to have frontage on a public street, while the applicant proposes dwelling carriage house unit fronting on a rear public alley; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to equal or exceed 20 percent of the width of the lot, for a maximum requirement of 6.74 feet for a 33.66 foot wide lot, while the applicant proposes a maximum side yard of no less than six feet; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of three feet, while the applicant proposes a side yard of zero feet along the west property line of the existing single-unit dwelling; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area for each dwelling, while the applicant proposes a rear yard of 22 percent for the existing single-unit dwelling and no rear yard for the carriage house unit; and
WHEREAS, the Columbus Southside Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance will permit a residential development that is consistent with the housing types, density and development pattern found in the surrounding area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed carriage house unit; 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 202 MITHOFF ST. (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 is hereby granted from the provisions of Sections 3332.037, R-2F residential district; 3312.49, Minimum numbers of parking spaces required; 3332.05(A)(4), Area district lot width requirements; 3332.14, R-2F area district requirements; 3332.19, Fronting; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard; of the Columbus City Codes; for the property located at 202 MITHOFF ST. (43206), insofar as said sections prohibit two single-unit dwellings on the same lot in R-2F, Residential District; with a reduction in the required parking from four spaces to two provided spaces; reduced lot width from 50 feet to 33.66 feet; reduced lot area from 6,000 square feet per dwelling unit to 1,699 square feet per dwelling unit; no frontage on a public street for the carriage house unit; a reduced maximum side yard from 6.74 feet to no less than six feet; a reduced minimum side yard from three feet to zero feet on the west property line for the existing single-unit dwelling; and a reduced rear yard from 25 percent to 22 percent for the existing single-unit dwelling, and no rear yard for the carriage house unit; said property being more particularly described as follows:
202 MITHOFF ST. (43206), being 0.10± acres located on the north side of Mithoff Street, 43± feet east of Jaeger Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number Sixty Nine (69), of Mithoff’s Addition to said City (being a subdivision of what is known as Hanford’s Nursery), as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 371, Recorder’s Office, Franklin County, Ohio.
Parcel Number: 010-001074-00
Known as: 202 E. Mithoff Street, Columbus, OH 43206
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a single-unit dwelling and dwelling carriage house unit on the same lot in accordance with the submitted site plan, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "202 MITHOFF ST A-0.2," dated March 6, 2023 April 3, 2023, and signed by David Perry, Agent for the Applicant, and Donald Plank, 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 plans 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 on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed carriage house unit.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.