Explanation
Council Variance Application: CV24-027
APPLICANT: Luis A. Rodriguez; 620 Brave Drive; Galloway, OH 43119
PROPOSED USE: Habitable space within a detached garage.
MIDEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling in the SR, Suburban Residential District. The requested Council variance will allow the current attached garage to be converted to additional living space, and a new detached garage with habitable space located within. A Council variance is required because habitable space within a garage is only allowed when connected directly to habitable space within a dwelling. The site is within the planning boundaries of the Livingston East Area Plan (2009), which recommends “Residential (Single-Family)” land uses at this location, and includes the early adoption of Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). Staff supports the proposal as it is consistent with the Plan’s land use recommendation and C2P2 design guidelines.
Title
To grant a Variance from the provisions of Section 3332.38(H), Private garage, of the Columbus City Codes; for the property located at 1056 BILLIE DR. (43227), to allow habitable space within a detached garage in the SR, Suburban Residential District (Council Variance #CV24-027).
Body
WHEREAS, by application #CV24-027, the owner of the property at 1056 BILLIE DR. (43227), is requesting a Variance to allow habitable space within a detached garage in the SR, Suburban 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 existing single-unit dwelling; and
WHEREAS, the Mideast Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because it is consistent with the land use recommendation of the Livingston East Area Plan; 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 1056 BILLIE DR. (43227), 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 Section 3332.38(H), Private garage, of the Columbus City Codes; for the property located at 1056 BILLIE DR. (43227), insofar as said sections prohibit habitable space within a detached garage that does not connect directly with habitable space in a dwelling in the SR, Suburban Residential District; said property being more particularly described as follows:
1056 BILLIE DR. (43227), being 0.30± acres located on the north side of Billie Drive, 230± feet north of McAllister Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus and bounded and described as follows:
Being Lot Number Twenty-two (22) in Carlyle Estates, in Willis Park, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 27, page 30, Recorder’s Office, Franklin County, Ohio.
Address: 1056 Billie Drive, Columbus, OH 43227
Parcel Number: 010-021577-00
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 including habitable space within a detached garage, or those uses allowed in the SR, Suburban 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 A-2", dated May 29, 2024, and signed by Joaquin Serantes, Architect. 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 upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance is further conditioned on the following: The garage will not be converted to, or used as, a separate dwelling unit. The garage will have no cooking facilities.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.