Explanation
Council Variance Application: CV03-015
HONORABLE MEMBERS OF COUNCIL: The attached legislation is submitted for Council action.
APPLICANT: William Hugus; 468 City Park Avenue; Columbus, Ohio 43215.
PROPOSED USE: To permit a separate dwelling unit within a two-story garage in the R-2F, Residential District.
GERMAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant proposes to convert an existing two-family dwelling into a one-family dwelling and construct a new carriage house type garage with a dwelling unit on the second floor. A variance is necessary to permit two separate dwelling units on a single lot within the R-2F, Residential District. Additional driveway and manuvering variances are included to permit a shared access with adjacent single-family dwelling. Building design will conform to the German Village architectural review requirements. A hardship exists in that a variance is necessary to permit development consistent with the surrounding character of the area.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District use; 3332.05, Area District lot width requirements; 3332.15, Area District requirements; 3332.19, Fronting on a public street; 332.38, Private garage; 3342.08, Driveway; 3342.15 Maneuvering; and 3332.27, Rear yard of the Columbus City Codes for property located at 233 EAST BECK STREET (43206), to permit a two-story garage with a dwelling unit; and to declare an emergency.
Body
WHEREAS, by application No. CV03-015, the owner of property at 233 EAST BECK STREET (43206), is requesting a Council Variance to permit a garage with dwelling unit (carriage house) on a lot developed with a single-family dwelling in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential District use, permits up to two dwelling units within one dwelling, while the applicant proposes to permit two dwellings, each with a dwelling unit, on the same lot; and
WHEREAS, Section 3332.15, Area District requirements, requires each single dwelling unit have a lot of no less than 3,000 square feet per unit, while the applicant proposes two dwelling units on the same 5,080 square foot lot; and
WHEREAS, Section 3332.05, Area District lot width requirements, requires a minimum 50 foot wide lot, while the existing lot is only 38.28 feet wide; and
WHEREAS, Section 3332.19, Fronting on a public street, requires each dwelling to front upon a public street, while the applicant proposes no frontage for the carriage house, as shown on site plan; and
WHEREAS, Section 3332.27, Rear yard, requires each dwelling, residence or principal building to be erected so as to provide a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant will provide no rear yard for the second dwelling; and
WHEREAS, Section 3332.38, Private garage, permits no portion of the lot area develoted to a private garage to exceed 720 square feet, while the applicant proposes a new garage structure on 1,016 square feet of lot area, as shown on site plan; and
WHEREAS, Section 3342.08 Driveway, requires a driveway serving a residential parking area have a minimum width of 10 feet, while the applicant shares a driveway with adjacent lot (229 East Beck Street) and driveway is divided by the parcel line, as shown on site plan; and
WHEREAS, Section 3342.15 Maneuvering, requires maneuvering area for each parking space be located on same lot as use, while applicant proposes to permit manuvering on adjacent lot (229 East Beck Street), as shown on site plan; and
WHEREAS, the German Village Commission recommends approval; and
WHEREAS, City Departments note a hardship exists and recommend approval because a variance is necessary to permit development consistent with the area's surrounding character; 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 233 EAST BECK STREET (43206), in using said property as desired; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to pass this ordinance as an emergency measure because of the need to allow construction to move forward during the prime weather building season for the preservation of the public health, peace, property,s afety, and welfare; now therefore
Section 1. That a variance from the provisions of Sections 3332.037, R-2F, Residential District use; 3332.05, Area District lot width requirements; 3332.15, Area District requirements; 3332.19, Fronting on a public street; 332.38, Private garage; 3342.08, Driveway; 3342.15 Maneuvering; and 3332.27, Rear yard required for the property located at 233 EAST BECK STREET (43206), insofar as said sections prohibit two single-family dwellings on one 5,080 square foot lot in the R-2F, Residential District and reducing the following development standards: area district lot width requirements from 50 feet to 38.28 feet; fronting on a public street; driveway width (where divided by parcel lines); parking maneuvering area (where divided by parcel lines); and no rear yard for the carriage house said property being more particularly described as follows:
LEGAL Description for 233-235 East Beck Street
Situated in the State of Ohio, Franklin County, City of Columbus and being a part of
Lot 14 A. Stott's Subdivision as the same is numbered and delineated upon the recorded plat thereof, of record in Deed Book 36, Page 472, Recorder's Office, Franklin County,
Ohio and being more particularly described as follows:
Commencing at the intersection of the south line of E. Beck St.(variable width) with the east line of S. Fifth St. (50 feet wide) ;
Thence , along the south line of said E. Beck St., EAST, 144.93 feet to a point at the northwest corner of the Philip G. and Kathleen L. Fankhauser tract of record in Instrument No. 200212090315779, said Recorder's Office and being the TRUE POINT OF BEGINNING OF THIS DESCRIPTION ;
Thence, continuing along said south line of E. Beck ST., EAST, 38.28 feet to a set iron pipe at the northeast corner of said Fankhauser tract;
Thence , along the east line of said Lot 14(east line of said Fankhauser tract), South 00
Degrees 12 minutes West, 130.62 feet to a set iron pin at the southeast corner of said
Fankhauser tract;
Thence, along the south line of said Fankhuaser tract, WEST, 39.50 feet to a point;
Thence , along the west line of said Fankhauser tract, North 00 degrees 12 minutes East, 130.63 feet to the point of beginning, CONTAINING 0.117 ACRES ( 5.080 SQ. FT.)
The above description was prepared from a boundary survey performed by the undersigned in December,2002. Set iron pipes are 30" x 1" O.D. with an orange plug inscribed " P.S. # 6579" and previously set in December , 2002.
Legal Description - 229 E. Beck St.
Situated in the State of Ohio, County of Franklin, City of Columbus and being a part of Lot 14 A. Stott's Subdivision as the same is numbered and delineated upon the recorded platy thereof, of record in Deed Book 36, Page 472, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at an iron pin located at the northwest corner of above mentioned Lot No. 14; thence with the south line of Beck Street, east 39.50 feet to an iron pipe; thence across said Lot No. 14 south 00 degrees 05' West 130.62 feet to an iron pipe, thence west , 38.38 feet to an iron pipe in the west line of said Lot No. 14; thence with said lot line north 9 degrees 27' West 130.62 feet to the place of beginning.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a carriage house with one second floor dwelling on a lot developed with a single-family dwelling, or those uses permitted in the R-2F, Residential District.
Section 3. That this ordinance is further conditioned on general compliance with drawings titled "233/235 EAST BECK ST. SITE PLAN/REVISED" drawn by William Hugus Architects, signed by William Hugus, applicant, and dated April 4, 2003.
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.