Explanation
Council Variance Application: CV14-008
APPLICANT: Connie J. Klema, Atty.; 145 East Rich Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Seven-unit apartment building and rear single-unit dwelling with reduced development standards.
ITIALIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned R-4, Residential District, and developed with a large residential structure that is currently being used as a child day care. The requested Council Variance will permit a lot split, will allow the day care building to be converted to seven apartment units and will permit the construction of a rear single-unit dwelling above a detached garage (a carriage house) on one lot. The newly-split west lot will be for future residential development. Other variances include fronting on a public street, and reductions to lot width, lot area, maximum and minimum side yard, rear yard, and required parking. A Council variance is necessary because the R-4, Residential District permits a maximum of four dwelling units in one building, and does not permit two residential buildings on one lot. Staff finds that the proposal will not add incompatible uses to the area as there are other carriage houses and multi-unit residential uses within this community. The request is consistent with the recent development pattern in historic urban neighborhoods.
Title
To grant a variance from the provisions of Sections 3332.039, R-4, Residential district; 3312.25, Maneuvering; 3312.29, Parking space; 3312.49, Minimum numbers of parking spaces required; 3332.05, Area district lot width requirements; 3332.15, R-4 area district requirements; 3332.19, Fronting on a public street; 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 94 EAST THIRD AVENUE (43201), to permit a seven-unit apartment building and a rear single-unit dwelling above a detached garage (a carriage house) on one lot with reduced development standards in the R-4, Residential District (Council Variance # CV14-008).
Body
WHEREAS, by application No. CV14-008, the owner of property at 94 EAST THIRD AVENUE (43201), is requesting a Council Variance to permit a seven-unit apartment building and a rear single-unit dwelling above a detached garage (a carriage house) on one parcel with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3333.039, R-4, Residential District, allows a maximum of four units in one building, and does not permit two residential buildings on one lot, while the applicant proposes to convert an existing day care into a seven-unit apartment building and construct a rear single-unit dwelling above a detached garage (a carriage house) on the same lot; and
WHEREAS, Section 3312.25, Maneuvering, requires every parking space to have sufficient access and maneuvering area anywhere on a lot including aisles or circulation areas, while the applicant proposes to allow maneuvering over and through a parking space in the driveway connecting to East Third Avenue; and
WHEREAS, Section 3312.29, Parking space, allows stacked parking spaces for only single-unit and two-unit dwellings, while the applicant proposes one (1) stacked parking space behind one parking space for parking spaces numbered seven and eight as shown on the Site Plan; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires 2 parking spaces per single-unit dwelling and 1.5 parking spaces per apartment dwelling unit, or thirteen (13) spaces total for a single-unit dwelling and a seven-unit apartment building, while the applicant proposes nine (9) parking spaces; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a minimum lot width of fifty (50) feet in the R-4, Residential District, while the applicant proposes to create a new lot with a lot width 46.85± feet; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires that a dwelling containing three (3) or four (4) dwelling units shall be situated on a lot with an area which equals or exceeds 2,500 square feet of lot area per dwelling unit, while applicant proposes to renovate the existing building for use as a seven-unit apartment and construct a rear single-unit dwelling above a detached garage (a carriage house) on a 10,112.3± square foot lot, totaling 1,264 square feet of lot area per dwelling unit; and
WHEREAS, Section 3332.19, Fronting on a public street, requires a dwelling unit to have frontage on a public street, while the applicant proposes no frontage for the rear dwelling; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to be a maximum of sixteen (16) feet, while the applicant proposes a maximum side yard of twelve (12) feet for the existing building and 12.28± feet for the rear dwelling; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant will maintain a minimum side yard of three (3) feet for the existing building and proposes a side yard of 3.38± feet for the rear dwelling along the west property line; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes seven (7) percent rear yard; and
WHEREAS, the Italian Village Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances because the proposal will not add incompatible uses to the area as there are other carriage houses and multi-unit residential uses within this community. The request is consistent with the recent development pattern in historic urban neighborhoods; 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 94 EAST THIRD AVENUE (43201), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a Variance from the provisions of Sections 3332.039, R-4, Residential district; 3312.25, Maneuvering; 3312.29, Parking space; 3312.49, Minimum numbers of parking spaces required; 3332.05, Area district lot width requirements; 3332.15, R-4 area district requirements; 3332.19, Fronting on a public street; 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 94 EAST THIRD AVENUE (43201), in so far as said sections prohibit a seven-unit apartment building and a rear single-unit dwelling above a detached garage (a carriage house) on one lot in the R-4, Residential District, with maneuvering over a parking space; one stacked parking space; a parking space reduction of four (4) required spaces; a reduced minimum lot width of 46.85± feet on a newly-created lot; a reduction in the required lot area to 1,264 square feet per dwelling; a reduced maximum side yard of twelve (12) feet for the existing building and 12.28± feet for the rear dwelling; a reduced minimum side yard of three (3) feet for the existing building and 3.38± feet for the rear dwelling along the west property line; and a reduced rear yard of seven (7) percent; said property being more particularly described as follows:
94 EAST THIRD AVENUE (43201), being 0.39± acres located at the northeast corner of East Third Avenue and Say 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 bounded and described as follows:
Being part of Lot No. One (1) of F. A. Sells and William Say's Subdivision of Lots Nos. Thirty-Two (32) and Thirty-Three (33) of William Phelan's Mount Pleasant Addition to the City of Columbus, Ohio, as the same are numbered and delineated upon the recorded plat of said Sells' and Say's Subdivision, of record in Plat Book 3, page 41, Recorder's Office, Franklin County, Ohio, beginning at a point on the west line of said Lot No. One (1), twenty three and one third (23 1/3) feet south of the north line thereof; thence east on a line parallel with the north line of said lot sixty-six (66) feet; then north three and one third (3 1/3) feet to a point; thence east on a line parallel with the north line of said lot to the east line thereof; thence south to the southeast corner of said lot; thence west along the south line of said lot and the north line of Third Avenue to the southwest corner thereof; thence north to the place of beginning.
Franklin County Parcel Number 010-067359
94 East Third Avenue
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with a seven-unit apartment building and a rear single-unit dwelling above a detached garage (a carriage house) on one lot.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the Plan titled, "PROPOSED SITE PLAN - NEW RESIDENTIAL/94 EAST THIRD AVENUE," dated April 6, 2014, and drawn and signed by Juliet A. Bullock, 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 plans 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 shall take effect and be in force from and after the earliest period allowed by law.