Explanation
Council Variance Application: CV06-045
APPLICANT: Benjamin B. Rupp; c/o Christopher Williams, Architect; 4170 Lyon Drive; Columbus, Ohio 43220.
PROPOSED USE: Second single-family dwelling (carriage house) on one lot.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a single-family dwelling in the ARLD, Apartment Residential District. The applicant proposes to build a second single-family dwelling (carriage house) above a three car garage at the rear of the property. A variance is necessary because the ARLD district permits multiple dwelling units, but does not permit two single-family dwellings on one lot. In addition to the use variance, requested variances include reductions to lot width, required side yard and rear yard, the number of parking spaces from four (4) to three (3) and because the second single-family dwelling does not front on a public street. The proposed second single-family dwelling is consistent with the development pattern of the area.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 Apartment Residential District; 3333.09, Area requirements; 3332.16, Fronting; 3333.22, Maximum side yards required; 3333.23(a), Minimum side yard permitted; 3333.24, Rear yard; 3342.28, Minimum number of parking spaces required, for the property located at 54 WEST SECOND AVENUE (43201), to permit a second single-family dwelling (carriage house) and conform an existing single-family dwelling with reduced development standards on a lot zoned in the ARLD, Apartment Residential District. (Council Variance #CV06-045)
Body
WHEREAS, by application No. CV06-045, the owner of property at 54 WEST SECOND AVENUE (43201), is requesting a Council Variance to permit a second single-family dwelling (carriage house) and to conform an existing single-family dwelling on a lot with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 Apartment Residential District, prohibits two single-family dwellings, while the applicant proposes to build a second single-family dwelling and conform an existing single-family dwelling on one lot; and
WHEREAS, Section 3333.09, Area requirements, requires a lot no less than 50 feet wide, while the applicant proposes to maintain the existing single-family dwelling and construct a second single-family dwelling (carriage house) on a 41.7 foot wide lot; and
WHEREAS, Section 3332.16, Fronting, requires each dwelling to front on a public street, while the applicant proposes to construct a second single-family dwelling without frontage on a public street; and
WHEREAS, Section 3333.22, Maximum side yards required, requires that the sum of the widths of the side yard shall equal or exceed twenty percent (20%) of the width of the lot, for a total of 8.34 feet, while the applicant proposes to construct the second single-family dwelling with the sum of the side yards totaling 7.33 feet; and
WHEREAS, Section 3333.23(a), Minimum side yard permitted, requires that the minimum side yard shall be the least dimension between any part of the building or structure and the side lot line, a minimum of five (5) feet in the ARLD district, while the applicant proposes a west side yard of three (3) feet for the existing single-family dwelling and a west side yard of 4' 4" and an east side yard of three (3) feet for the second single-family dwelling; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes no rear yard for the second single-family dwelling; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces for each dwelling unit for a total of four (4) required parking spaces, while the applicant proposes a total of three (3) parking spaces; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because the proposed second single-family dwelling is consistent with the development pattern of the area. The site is developed with a single-family dwelling in the ARLD, Apartment Residential District. The applicant proposes to build a second single-family dwelling (carriage house) above a three car garage at the rear of the property. A variance is necessary because the ARLD district permits multiple dwelling units, but does not permit two single-family dwellings on one lot. In addition to the use variance, requested variances include reductions to lot width, required side yard and rear yard, the number of parking spaces from four (4) to three (3) and because the second single-family dwelling does not front on a public street; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 54 WEST SECOND 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 3333.02, AR-12, ARLD and AR-1 Apartment Residential District; 3333.09, Area requirements; 3332.16, Fronting; 3333.22, Maximum side yards required; 3333.23(a), Minimum side yard permitted; 3333.24, Rear yard; 3342.28, Minimum number of parking spaces required, for the property located at 54 WEST SECOND AVENUE (43201), insofar as said sections prohibit two single-family dwellings on a lot that is 41.7-feet wide with no frontage for the second dwelling, a maximum side yard of 7.33 feet for the second dwelling, a minimum side yard of three (3) feet for the existing single-family dwelling, a minimum west side yard of 4' 4" and an east side yard of three (3) feet for the second single-family dwelling, no rear yard for the second single-family dwelling, and a reduction in required parking spaces from four (4) to three (3) parking spaces; said property being more particularly described as follows:
54 WEST SECOND AVENUE (43201), being 0.14± acres located on the north side of West Second Avenue, 375± feet west of North High Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Lot Number Five (5) of E.G. Robert's Subdivision of Lot Number Four (4) and a part of Lot Number Seventeen (17) of Joseph R. Starr's Administrator's Subdivision of the Starr Farm in said City, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, page 38, Recorder's Office, Franklin County, Ohio.
Parcel No. 010-42135
Address: 54 -54 ½ W. 2nd Avenue, Columbus, Ohio 43201
Prior Instrument Reference: Deed Book 3065, page 408,Recorder's Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a second single-family dwelling (a carriage house) on the rear of a lot developed with a single-family dwelling, or those uses permitted in the ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned to be consistent with the site plan titled, "SITE PLAN," and elevations titled, "RUPP RESIDENCE," both signed by Christopher A. Williams, agent for the applicant, and dated September 20, 2006. Any slight adjustment to the drawings shall be subject to review and approval by the Director of the Department of Development, or his designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on 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.