Explanation
Council Variance Application: CV26-025
APPLICANT: Joshua Tomey; 1286 East Fulton Street; Columbus, OH 43205.
PROPOSED USE: Two-unit dwelling.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel in the R-3, Residential District. The requested Council variance will allow the site to be developed with a two-unit dwelling. A Council variance is required because the R-3 district prohibits two-unit dwellings. Variances for required parking, vision clearance, lot width, lot area, lot coverage, building setback, side yard, and rear yard are also included in this request. The site is located within the boundaries of the Near East Area Plan (2005), which does not include a specific land use recommendation for this location, however, the Plan does recommend new housing construction be compatible with surrounding housing structures and densities in the area. Staff supports the proposed two-unit dwelling as the project is consistent with the residential uses within the neighborhood, and will not introduce an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3312.49(C), Required parking; 3321.05(B)(2), Vision clearance; and 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.18(D), Basis of computing area; 3332.21, Building lines; 3332.25(A)(3), Required side yards; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 574-576 KELTON AVE. (43205), to allow a two-unit dwelling with reduced development standards in the R-3, Residential District (Council Variance #CV26-025).
Body
WHEREAS, by application #CV26-025, the owner of the property at 574-576 KELTON AVE. (43205), is requesting a Council variance to allow a two-unit dwelling with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, prohibits two-unit dwellings as the primary land use, while the applicant proposes a two-unit dwelling; and
WHEREAS, Section 3312.49(C), Required parking, requires two parking spaces per dwelling unit for a total of four required parking spaces, while the applicant proposes two total parking spaces; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires a 30 foot clear vision triangle at the intersection of two streets, while the applicant proposes a reduced vision clearance triangle of 8.88 feet at the southeast corner of Kelton Avenue and East Fulton Street; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet in the R-3, Residential District, while the applicant proposes to maintain a reduced lot width of 32.5 feet; and
WHEREAS, Section 3332.13, R-3 area district requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of not less than 5,000 square feet in area, while the applicant proposes a two-unit dwelling on a reduced lot size with 2,470± square feet in area; and
WHEREAS, Section 3332.18(D), Basis of computing area, requires a dwelling hereafter erected to occupy alone or together with any other building no greater than 50 percent of the lot area; while the applicant proposes to occupy 59.1 percent of the lot area with the two-unit dwelling; and
WHEREAS, Section 3332.21, Building lines, requires a building setback line of 18 feet along Kelton Avenue, while the applicant proposes a reduced building setback line of 14 feet; and
WHEREAS, Section 3332.25(A)(3), Required side yards, requires a minimum side yard of three feet, while the applicant proposes a reduced side yard of one foot along the north property line; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a reduced rear yard of 8.5 percent; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the request is consistent with the Plan’s recommendation that new housing be consistent with existing housing types and densities , and will not introduce an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed two-unit dwelling; and
WHEREAS, said variances will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variances will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 574-576 KELTON AVE. (43205), 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 3332.035, R-3 residential district; 3312.49(C), Required parking; 3321.05(B)(2), Vision clearance; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.18(D), Basis of computing area; 3332.21, Building lines; 3332.25(A)(3), Required side yards; and 3332.27, Rear yard, of the Columbus City Codes; is hereby granted for the property located at 574-576 KELTON AVE. (43205), insofar as said sections prohibit a two-unit dwelling in the R-3, Residential District; with a parking space reduction from four spaces to two spaces; reduced vision clearance from 30 feet to 8.88 feet at the southeast corner of Kelton Avenue and East Fulton Street; reduced lot width from 50 feet to 32.5 feet; reduced lot area from 5,000 square feet to 2,470± square feet; increased lot coverage from 50 percent to 59.1 percent; reduced building setback line from 18 feet to 14 feet along Kelton Avenue; reduced side yard from three feet to one foot along the north property line; and reduced rear yard from 25 percent to 8.5 percent; said property being more particularly described as follows:
574-576 KELTON AVE. (43205), being 0.06± acres located at the southeast corner of Kelton Avenue and East Fulton Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus and being more particularly described as follows:
Being 76 feet off the west end of lot Number One (1) of A.B. Colt’s Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Pages 372 and 373, Recorder’s Office, Franklin County, Ohio.
Address: 576 Kelton Avenue, Columbus, OH 43205
Parcel Number: 010-015086
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a two-unit dwelling, in accordance with the submitted site plan, or those uses allowed 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, "ARCHITECTURAL SITE PLAN," dated February 25, 2026, and signed by Joshua Tomey, 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 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 two-unit dwelling.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.