Explanation
Council Variance Application: CV20-075
APPLICANT: Burke Brothers, LLC; c/o Dave Perry, Agent; David Perry Company, 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: Four single-unit dwellings.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel in the R-2F, Residential District. The proposed Council variance will permit the option of constructing four single-unit dwellings each on its own lot or four single-unit dwellings developed on the current parcel as detached condominiums. A variance is necessary because the existing zoning district does not permit the option of four single-unit dwellings on one parcel. Variances are included for each plan option and include reduced parking (from 8 total spaces to 0 spaces), area district requirements, and yard requirements. The site is located within the boundaries of the Near East Area Plan (2005), which does not contain a land use recommendation for this location. However, the Plan does include design recommendations; and Planning Division Staff has reviewed conceptual building elevations and has determined that the project includes design elements that are compatible with surrounding structures.
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, Area district lot width requirements; 3332.14, R-2F area district requirements; 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 986 E. MOUND ST. (43205), to permit four single-unit dwellings on the same lot or four single unit dwellings with reduced development standards in the R-2F, Residential District (Council Variance #CV20-075).
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WHEREAS, by application #CV20-075, the owner of the property at 986 E. MOUND ST. (43205), is requesting a Council variance to permit four single-unit dwellings on the same lot or four single unit dwellings on sub-standard lots with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, residential district, permits a maximum of two units in one building, while the applicant proposes to develop four detached single-unit dwellings on the same lot as proposed wih Site Plan B; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires 2 parking spaces per dwelling unit, or 8 spaces total for 4 single-unit dwellings, while the applicant proposes zero parking spaces; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a lot no less than 50 feet wide, while the applicant proposes reduced lot widths of 22 feet for Site Plan A, and to maintain the existing lot width of 44 feet for Site Plan B; 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 single-unit dwellings on four newly-created parcels that are each 1,452 square feet pursuant to the lot area calculation in 3332.18(C) for Site Plan A, or four single-unit dwellings on the same parcel that has a lot area of 5,808 square feet pursuant to lot area calculation in 3332.18(C) for Site Plan B; 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, a maximum requirement of 8.8 feet, while the applicant proposes a maximum side yard of 8 feet for Site Plan B; and
WHEREAS, Section 3332.26(F), Minimum side yard permitted, requires a side yard of no less than one-sixth of the height of the building for buildings over two and one-half stories in height, or 5 feet for a building with a height of 30 feet, while the applicant proposes minimum side yards 3 feet along the each side of the newly-created parcels on Site Plan A; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the lot area for each dwelling, while the applicant proposes 22 percent rear yards for the dwellings on Site Plan A and less than 25 percent shared rear yards for the four dwellings on Site Plan B; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the proposal is consistent with the design recommendations of the Near East Area Plan. Approval of this request will not add incompatible uses to the area; 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 986 E. MOUND ST. (43205), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.037, R-2F, residential district; 3312.49, Minimum numbers of parking spaces required; 3332.05, Area district lot width requirements; 3332.14, R-2F area district requirements; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 986 E. MOUND ST. (43205), insofar as said sections prohibit four detached single-unit dwellings on the same lot in the R-2F, Residential District as proposed wih Site Plan B; reduced lot widths from 50 feet to 22 feet for Site Plan A, and 44 feet for Site Plan B; reduced lot areas from 6,000 square feet to 1,452 square feet per dwelling unt for Site Plan A, and 5,808 square feet for four single-unit dwellings on Site Plan B; a reduced maximum side yard from 8.8 feet to 8 feet for Site Plan B; reduced minimum side yards from 5 feet to 3 feet for Site Plan A; and reduced rear yards from 25 percent to 22 percent on Site Plan A, and to less than 25 percent shared by four single-unit dwellings on Site Plan B; said property being more particularly described as follows:
986 E. MOUND ST. (43205), being 0.18± acres located on the north side of East Mound Street, 180± feet east of Gilbert Street, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being Lot Number Ten (10) of Kimball and Miller’s Amended Plat of D. W. and H. B. Brooks’ Subdivision of Outlot No. 92 of Otis and Samuel Crosby’s Addition to the Outlots of said City, as the said Lot No. 10 is numbered and delineated upon the recorded Plat thereof, of record in Plat Book 2, Page 331, Recorder’s Office, Franklin County, OH.
Parcel No.: 010-027695
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for four detached single-unit dwellings on the same lot (or on separate lots), 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 plans titled "986 E MOUND STREET (SITE PLAN A & SITE PLAN B)," signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, and dated March 26, 2021. 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 upon 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.