Explanation
Council Variance Application: CV21-126
APPLICANT: Simplified Living Architecture; c/o Heidi Bolyard; 6065 Frantz Road, Suite 205; Dublin, OH 43017.
PROPOSED USE: Guest suite within a detached garage.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a single-unit dwelling zoned in the R-3, Residential District. The applicant requests a Council variance to permit the addition of habitable space within a detached garage. A Council variance is necessary because the zoning code only permits habitable space within a detached garage when connected directly to habitable space in a dwelling. The request also includes an increase to the garage height. Staff supports the addition of habitable space to the detached garage and increased garage height with the condition that it will not be converted to, or used as, a separate dwelling unit.
Title
To grant a Variance from the provisions of Sections 3332.38(H), Private garage; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 61 W. NORTH BROADWAY (43214), to permit habitable space within a detached garage with increased height in the R-3, Residential District (Council Variance #CV21-126).
Body
WHEREAS, by application #CV21-126, the owner of the property at 61 W. NORTH BROADWAY (43214), is requesting a Variance to permit habitable space within a detached garage with increased height in the R-3, Residential District; and
WHEREAS, Section 3332.38(H), Private garage, requires habitable space in a garage to connect directly with habitable space in a dwelling, while the applicant proposes habitable space within a detached garage that is not connected to habitable space within the single-unit dwelling; and
WHEREAS, Section 3332.38(G), Private garage, limits garage height to 15 feet, while the applicant proposes a garage height of 19 feet and 11.5 inches; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the request is consistent with recent similar proposals and will not result in an additional dwelling unit on the property; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 61 W. NORTH BROADWAY (43214), 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 3332.38(H), Private garage; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 61 W. NORTH BROADWAY (43214), insofar as said sections prohibit habitable space within a detached garage that does not connect directly with habitable space in a dwelling in the R-3, Residential District; and an increased height of the detached garage from 15 feet to 19 feet and 11.5 inches; said property being more particularly described as follows:
61 W. NORTH BROADWAY (43214), being 0.14± acres located on the south side of West North Broadway, 80± feet east of Hennepin Avenue, 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 being Lot Number Fifty-seven (57) of John R. Dunlap’s North Broadway Extension Subdivision, as the said lot is numbered and delineated upon the recorded play thereof, of record in Plat Book No. 5, Page 222, Recorder’s Office, Franklin County, Ohio.
Parcel Number: 010-008880
Property Address: 61 W. North Broadway, Columbus, OH 43214.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a single-unit dwelling and habitable space within a detached garage, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "SITE PLAN," dated January 10, 2022, and drawn and signed by Heidi Bolyard, 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 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 on the following: The habitable space within the detached garage, as permitted by this ordinance, will not be converted to, or used as, a separate dwelling unit.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.