Explanation
Council Variance Application: CV24-095
APPLICANT: Joshua J. Tomey; 1286 East Fulton Street; Columbus, OH 43205.
PROPOSED USE: Four-unit dwelling.
COLUMBUS SOUTH SIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a vacant mixed-use building in the R-3, Residential District. The applicant proposes to convert the building into a 4-unit dwelling. A Council variance is required because the R-3 district does not permit a 4-unit dwelling. The site is within the planning boundaries of the South Side Plan (2014), which recommends “Medium-High Density” residential land uses at this location, and is subject to early adoption of the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). The requested variances will enable conservation and rehabilitation of the existing historic building. Staff supports the requested variances to conform the existing conditions, and notes the property’s proximity of pedestrian accessibility and transit in support of the requested parking reduction.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, residential district; 3312.49, Required parking; 3321.05(B)(1), Vision clearance; 3321.07(B), Landscaping; 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(D), Building lines; 3332.25(B), Maximum side yards required; 3332.26(B), Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 160 E. BARTHMAN AVE. (43207), to allow a four-unit dwelling with reduced development standards in the R-3, Residential District (Council Variance #CV24-095).
Body
WHEREAS, by application #CV24-095, the owner of property at 160 E. BARTHMAN AVE. (43207), is requesting a Council variance to allow a four-unit dwelling with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, residential district, lists single-unit dwellings as the only allowable residential use, while the applicant proposes to repurpose the existing building into a four-unit dwelling; and
WHEREAS, Section 3312.49, Required parking, requires 1.5 parking spaces per dwelling unit for a total of six required parking spaces, while the applicant proposes to maintain no parking; and
WHEREAS, Section 3321.05(B)(1), Vision clearance, requires a vision clearance triangle of 10 feet at the intersection of a street and an alley, while the applicant proposes to maintain a one foot clear vision triangle, as shown on the submitted site plan; and
WHEREAS, Section 3321.07(B), Landscaping, requires one tree per ten residential units, a requirement of one tree for a four-unit dwelling, while the applicant proposes none; 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 lot width of 43.5± feet; and
WHEREAS, Section 3332.13, R-3 area district requirements, requires that a single-unit dwelling or other principal building be situated on a lot with an area that equals or exceeds 5,000 square feet, while the applicant proposes a four-unit dwelling on an existing lot containing 1,392 square feet; and
WHEREAS, Section 3332.18(D), Basis of computing area, requires that a building shall occupy alone or together with any other building no greater than 50 percent of the lot area, while the applicant proposes to maintain an increased lot coverage of 87 percent; and
WHEREAS, Section 3332.21(D), Building lines, requires the building setback line to be the average distance of building setbacks on contiguous lots or parcels, but in no case less than 10 feet, while the applicant proposes to maintain a reduced front setback from East Barthman Avenue of one foot; and
WHEREAS, Section 3332.25(B), Maximum side yards required, requires the sum of the widths of the side yards to equal or exceed 20 percent of the width of the lot, a maximum requirement of 8.7 feet for a 43.5 foot wide lot, while the applicant proposes to maintain a reduced maximum side yard of 3.2 feet; and
WHEREAS, Section 3332.26(B), Minimum side yard permitted, requires a side yard of no less than five feet for lots greater than 40 feet wide, while the applicant proposes to maintain reduced minimum side yards of 0.5 feet along the western property line, and 2.8 feet along the eastern property line; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area for each dwelling, while the applicant proposes to maintain a reduced rear yard of two percent; and
WHEREAS, the Columbus South Side Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because this request is consistent with the South Side Plan’s land use recommendation for medium-high density residential uses, C2P2 design guidelines for preserving historic buildings, and the site’s proximity to pedestrian accessibility and transit options. The project also meets the City’s objective to provide more housing units in all areas of the city; 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 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 160 E. BARTHMAN AVE. (43207), 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, Required parking; 3321.05(B)(1), Vision clearance; 3321.07(B), Landscaping; 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(D), Building lines; 3332.25(B), Maximum side yards required; 3332.26(B), Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; is hereby granted for the property located at 160 E. BARTHMAN AVE. (43207), insofar as said sections prohibit a four-unit dwelling in the R-3, Residential District; with a required parking space reduction from six to zero spaces; reduced clear vision triangle from 10 feet to one foot; reduced unit tree requirement from one to zero trees; reduced lot width from 50 to 43.5± feet; reduced lot area from 5,000 to 1,392 square feet; increased lot coverage from 50 to 87 percent; reduced maximum side yard from 8.7 to 3.2 feet; reduced minimum side yards from five to 0.5 feet along the western property line, and 2.8 feet along the eastern property line; and a reduced rear yard from 25 to two percent; said property being more particularly described as follows:
160 E. BARTHMAN AVE. (43207), being 0.03± acres on the north side of East Barthman Avenue, 61 feet west of South 6th Street, and being more particularly described as follows:
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN AND IN THE CITY OF COLUMBUS:
BEING IN THE WEST PART OF PARCEL NUMBER SIXTY-FOUR, IN LINTON AND MCLARREN’S SOUTH SIDE ADDITION, AS THE SAME IS NUMBERED AND DELINEATED UPON THE AUDITOR’S PLAT THEREOF, OF RECORD IN THE PLAT BOOK 348, PAGE 1, RECORDER’S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF PARCEL 64 ABOVE-MENTIONED, THE SAME BEING ALSO ON THE NORTH LINE OF BARTHMAN AVENUE, 60.5 FEET WEST OF THE WEST LINE OF SOUTH SIXTH STREET AT A CROSS CHISELED IN THE CONCRETE; THENCE WESTERLY 43.5 FEET TO THE EAST SIDE OF THE ALLEY; THENCE NORTH 32 FEET ALONG THE EAST SIDE OF THE ALLEY; THENCE EAST PARALLEL TO THE NORTH LINE OF BARTHMAN AVENUE FOR 43.5 FEET TO A STAKE; THEN SOUTH 32 FEET PARALLEL TO THE EAST LINE OF THE ALLEY TO THE PLACE OF BEGINNING
Address: 160 E. Barthman Ave., Columbus, OH 43207
Parcel No.: 010-030315
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for up to four dwelling units, in accordance with the submitted site plan, 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 a site plan titled, "BUILDING RENOVATION" dated September 29, 2024, and signed by Joshua J. Tomey, the 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 use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.