Explanation
Council Variance Application: CV21-075
APPLICANT: Jeanne Cabral; 2939 Bexley Park Road; Columbus, OH 43209.
PROPOSED USE: Two-unit dwelling and mixed-use building on one lot.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a two-unit dwelling and a mixed-use building which consists of retail uses on the ground floor and two dwelling units on the second floor in the R-3, Residential District. This site is subject to a code violation for lack of zoning clearance for the on-site dumpster. The requested Council variance will conform the existing development, including up to 1,200 square feet of first floor retail, carry-out, or office uses and two-second-story dwelling units in a mixed-use building with accessory storage, and a two-unit dwelling on the western side of the property. Variances to reduce the required number of parking spaces, vision clearance, lot area, building lines, side yard, and rear yard are included in this request. The site is within the planning boundaries of the Hilltop Land Use Plan (2019), which recommends “Medium-High Density Residential (16-24 du/ac)” land uses at this location, consistent with the established residential uses on the property. Additionally, the Plan includes adoption of the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018) which speak to pedestrian connections, bicycle racks, and landscaping. Staff supports the proposal as the site plan includes a sidewalk along Palmetto Street with pedestrian connections to both structures, a bike rack to offset the requested parking reduction, and a tree in the rear yard, all consistent with C2P2 Design Guidelines.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, Residential District; 3312.49, Minimum numbers of parking spaces required; 3321.05(B)(1), Vision clearance; 3332.13, R-3 area district requirements; 3332.22, Building lines on corner lots-Exceptions; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 2671 PALMETTO ST. (43204), to permit a two-unit dwelling and mixed-use building with accessory storage on one lot with reduced development standards in the R-3, Residential District (Council Variance #CV21-075).
Body
WHEREAS, by application #CV21-075, the owner of the property at 2671 PALMETTO ST. (43204), is requesting a Council variance to permit a two-unit dwelling and mixed-use building with accessory storage on one lot 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 permitted residential use, while the applicant proposes to maintain an existing two-unit dwelling, and an existing mixed-use building with up to 1,200 square feet of retail or office uses, with two dwelling units above, and 60 square feet of outdoor, fenced storage for the retail use for recyclables in containers; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires 13 parking spaces for 4 dwelling units and 1,200 square feet of retail space, while applicant proposes to maintain 0 parking spaces; and
WHEREAS, Section 3321.05(B)(1), Vision clearance, requires a clear vision triangle of ten feet at the intersection of Palmetto Street with the abutting alley, while the applicant proposes to allow the existing mixed-use building to encroach into the clear vision triangle as shown on the site plan, reducing the clear vision triangle to zero feet; and
WHEREAS, Section 3332.13, R-3 area district requirements, requires that a principal building shall be situated on a lot of no less than 5,000 square feet in area, while the applicant proposes to maintain a two-unit dwelling and a mixed-use building on a lot that is 5,063 square feet; and
WHEREAS, Section 3332.22, Building lines on corner lots-Exceptions, requires a minimum building line of 20 percent of the width of the lot for a total of nine feet for a lot width of 45 feet, while the applicant proposes a reduced building line of zero feet for the existing building, and 1.8 feet for the dumpster along Palmetto Street, as shown on the site plan; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of five feet, while the applicant proposes a minimum side yard of zero feet along the east property line for the mixed-use building;
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 no rear yard for the existing mixed-use building; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the proposed improvements to the existing development are consistent with C2P2 design recommendations. Additionally, approval of this request will not add incompatible uses to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 2671 PALMETTO ST. (43204) in using said property as desired and; 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, Minimum numbers of parking spaces required; 3321.05(B)(1), Vision clearance; 3332.13, R-3 area district requirements; 3332.22, Building lines on corner lots-Exceptions; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 2671 PALMETTO ST. (43204), insofar as said sections prohibit a two-unit dwelling, a mixed-use building with up to 1,200 square feet of retail or office space with two dwelling units above, and a 60 square feet outdoor, fenced storage area for recycling containers in the R-3, Residential District; with a parking space reduction from 13 required spaces to zero spaces; obstruction of the 10 foot clear vision triangle at the intersection of Palmetto Street and the abutting alley by the existing mixed-use building; a reduction in the lot area from 5,000 square feet for a principal building to 5,063± square feet for a two-unit dwelling and a mixed-use building; a reduction in the building line along Palmetto Street from 9 feet to zero feet for the mixed-use building and 1.8 feet for the dumpster; reduced minimum side yards from five to zero feet for the southeast corner of the existing mixed-use building and the north corner of the dumpster; and no rear yard for the existing mixed-use building; said property being more particularly described as follows:
2671 PALMETTO ST. (43204), being 0.12± acres located at the southeast corner of Palmetto Street and South Warren Avenue, and being more particularly described as follows:
Being Lot Number Two Hundred Ninety-Three (293) and the North one-half of Lot Number Two Hundred Ninety-Four (294) of WICKLOW ADDITION, to said City, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, pages 412, 413, 414, Recorder’s Office, Franklin County, Ohio.
Address: 2671 Palmetto Street
Parcel: 010-053726
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a two-unit dwelling, a mixed-use building containing up 1,200 square feet of retail, carry-out, or office uses with two dwelling units above, and accessory storage for recycling containers, 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 the site plan titled "SMOKEPLUS 5 CARRYOUT," signed by Jeanne Cabral, Architect for the Applicant, and dated December 12, 2022. 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 Certificates of Occupancy for the proposed uses.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.