Explanation
Council Variance Application: CV25-021
APPLICANT: EZ Propertys, LLC; c/o Dave Perry, Agent; David Perry Company; 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-unit dwelling.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel in the R-3, Residential District. The requested Council variance will allow a two-unit dwelling with accompanying variances to lot width, side yards, and required parking. The variance is required because the R-3 district only allows one single-unit dwelling per lot. The site is located within the boundaries of the Near East Area Plan (2005), which supports the development of new infill housing that contributes to a walkable and diverse neighborhood that is compatible with existing architecture in the area and the Plan’s housing design guidelines. The proposal is consistent with surrounding residential uses, while the reduced development standards are compatible with similar residential infill developments that have been approved in urban neighborhoods.
Title
To grant a Variance from the provisions of Sections 3332.05, R-3 residential district; 3312.49, Required parking; 3332.05(4), Area district lot width requirements; and 3332.25, Maximum side yards required, of the Columbus City Codes; for the property located at 576 FAIRWOOD AVE. (43205), to allow a two-unit dwelling with reduced development standards in the R-3, Residential District (Council Variance #CV25-021).
Body
WHEREAS, by application #CV25-021, the owner of the property at 576 FAIRWOOD AVE. (43205), is requesting a Council variance to allow a two-unit dwelling with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.05, R-3, residential district, only allows single-unit dwellings, while the applicant proposes to build a two-unit dwelling; and
WHEREAS, Section 3312.49, Required parking, requires two parking spaces for each dwelling, for a total of four parking spaces, while the applicant proposes three parking spaces; and
WHEREAS, Section 3332.05(4), Area district lot width requirements, requires a lot width of 50 feet in the R-3, Residential District, while the applicant proposes to maintain a reduced lot width of 37 feet; 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, or 7.4 feet, while the applicant proposes a total side yard of six feet; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances will allow a two-unit dwelling that is consistent with surrounding residential uses, and is compatible with the Near East Area Plan’s design guidelines, and with other residential infill developments that have been approved in urban neighborhoods; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed two-unit dwelling; 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 576 FAIRWOOD AVE. (43205), in using said property as desired; and
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.05, R-3 residential district; 3312.49, Required parking; 3332.05(4), Area district lot width requirements; and 3332.25, Maximum side yards required, of the Columbus City Codes; is hereby granted for the property located at 576 FAIRWOOD AVE. (43205), insofar as said sections prohibit a two-unit dwelling in the R-3, Residential District; with a parking reduction from four to three spaces; a reduced lot width from 50 to 37 feet; and reduced maximum side yard from 7.4 to six feet; said property being more particularly described as follows:
576 FAIRWOOD AVE. (43205), being 0.12± acres on the east side of Fairwood Avenue, 225± feet south of East Mound Street and being more particularly described as follows:
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN AND IN THE CITY OF COLUMBUS AND FURTHER DESCRIBED AS FOLLOWS, BEING LOT NUMBER TWO HUNDRED EIGHTY-NINE (289) OF BULENS FAIRWOOD ADDITION, AS THE SAME IS NUMBERED AND DELINEATED UPON THE RECORDED PLAT THEREOF, OF RECORD IN PLAT BOOK 12, PAGES 13 AND 14A, RECORDERS OFFICE< FRANKLIN COUNTY OHIO.
Parcel ID: 010-005838
Known as 576 Fairwood Ave., Columbus, OH 43205
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a two-unit dwelling, and/or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the site being developed in general conformance with the site plan titled, “SITE PLAN,” dated May 8, 2025, and signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant. The plan 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 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 upon the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed two-unit dwelling.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.