Explanation
Council Variance Application: CV04-017
APPLICANT: Tom & Gayle McMahon; 1288 Highland Street; Columbus, Ohio 43201.
PROPOSED USE: Single-family dwellings.
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VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council Variance to split a lot currently developed with a single-family dwelling and detached garage into two parcels, and construct a single-family dwelling on the vacant parcel in the ARLD, Apartment Residential District. The ARLD, Apartment Residential District allows single-family dwellings only on lots established prior to January 14, 1959, or lots that were platted before July 16, 1986. The requested variance would permit development and lot sizes in character with the surrounding neighborhood. Variances include reduced front and side-yard setbacks and lot width. A hardship exists in that a variance is necessary to conform the existing single-family dwelling on one of the newly-created parcels (1151 Hunter Avenue), and to permit development of the vacant parcel (1149 Hunter Avenue) that reflects the character of the surrounding neighborhood.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, Apartment residential district use; 3333.09, Area requirements; 3333.18, Building lines; 3333.22 Maximum side yard required; 3333.23, and Minimum side yard permitted; of the Columbus City Codes for the properties located at 1149 AND 1151 HUNTER AVENUE (43201), to permit single-family dwelling use with reduced development standards in the ARLD, Apartment Residential District. (Council Variance # CV04-017)
Body
WHEREAS, by application #CV04-017, the owner of properties at 1149 AND 1151 HUNTER AVENUE (43201), is requesting a Variance to permit two separate single-family dwellings with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1, Apartment residential district use, does not permit single-family dwelling use on newly-created parcels, while the applicant proposes to split a lot developed with an existing single-family dwelling (1151 Hunter Avenue), and construct a new single-family dwelling with reduced development standards on the vacant parcel (1149 Hunter Avenue); and
WHEREAS, Section 3333.09, Area requirements, requires that no building shall be erected or altered on a lot with a width of no less than fifty (50) feet, while the applicant proposes to keep an existing single-family dwelling (1151 Hunter Avenue) and construct a new single-family dwelling (1149 Hunter Avenue) on two newly-created parcels with lot widths of 31.33 feet each; and
WHEREAS, Section 3333.18, Building lines, requires twenty-five (25) foot building line, while the applicant proposes a fourteen (14) foot building line along Hunter Avenue for both the existing and proposed single-family dwellings; and
WHEREAS, Section 3333.22, Maximum side yard required, requires the sum of the widths of each side yard to equal 20% of the lot width or 6.27 feet, while the applicant proposes a maximum side yard of six (6) feet for the proposed single-family dwelling (1149 Hunter Avenue); and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes a three (3) foot side yard along the north and south property lines for the proposed single-family dwelling (1149 Hunter Avenue); and
WHEREAS, this variance will permit two separate single-family dwellings with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the applicant is requesting a Council Variance to split a lot currently developed with a single-family dwelling and detached garage into two parcels, and construct a single-family dwelling on the vacant parcel in the ARLD, Apartment Residential District. The ARLD, Apartment Residential District allows single-family dwellings only on lots established prior to January 14, 1959, or lots that were platted before July 16, 1986. The requested variance would permit development and lot sizes in character with the surrounding neighborhood. Variances include reduced front and side-yard setbacks and lot width. A hardship exists in that a variance is necessary to conform the existing single-family dwelling on one of the newly-created parcels (1151 Hunter Avenue), and to permit development of the vacant parcel (1149 Hunter Avenue) that reflects the character of the surrounding neighborhood; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate 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 1149 AND 1151 HUNTER AVENUE (43201), in using said property as desired and; now, therefore:
SECTION 1. That a variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 Apartment residential district use; 3333.09, Area requirements; 3333. 18, Building lines; 3333.22, Maximum side yard required; and 3333.23, Minimum side yard permitted; of the Columbus City Codes for the property located at 1149 AND 1151 HUNTER AVENUE (43201), insofar as said sections prohibit single-family dwelling use for both properties, with a reduced lot width from 50 feet to 31.33 feet and a 14-foot building setback from Hunter Avenue, reduced maximum side yard from
6.26 feet to 6 feet for 1149 Hunter Avenue, and reduced minimum side yard from 5 feet to 3 feet for 1149 Hunter Avenue; said properties being more particularly described as follows:
1149 AND 1151 HUNTER AVENUE (43201), being 0.22± acres located at the southwest corner of Hunter and Fourth Avenues, 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 Eighty-eight (88) of COLLINS ATKINSON & GUITNER'S ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 84, 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 properties are used as single-family dwellings, or those uses permitted in the ARLD, 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 "SINGLE FAMILY LOT SPLIT", drawn by Brown Calabretta Architects, Inc. dated April 21, 2004 and signed by Richard Brown, architect for the applicant.
SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed single-family dwelling (1149 Hunter Avenue).
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.