Explanation
Council Variance Application: CV03-051
APPLICANT: Andrew I. Klein; P.O. Box 10038; Columbus, Ohio 43201.
PROPOSED USE: Office and residential development.
ITALIAN VILLAGE AREA COMMISSION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. A Council variance is necessary in that the R-4, Residential District does not allow general office use. The applicant wishes to utilize an existing two-family residential structure and garage for a 635 square foot general office and two-family residential use. The applicant also requests technical variances including a variance to allow the existing nonconforming lot size, variances to maintain the existing building line and setbacks for the principal structure and garage and variances to allow the existing decreased vision clearance and a parking reduction.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District, 3332.15, R-4 Area District Requirements, 3332.22(a)(1) and (c), Building Lines on Corner Lots, 3332.26(C) and (E), Minimum Side yard permitted, 3332.30(c) Clear Vision at Vehicular Access Points, 3342.28,A.6. and B.11. Minimum number of parking spaces required of Columbus City Codes; for the property located at 162 DETROIT AVENUE (43201), to permit general office uses in the R-4, Residential District with reduced development standards and to declare an emergency.
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WHEREAS, by application No. CV03-051, the owner of property at 162 DETROIT AVENUE (43201), is requesting a Council Variance to permit general office uses to occupy a multi-family dwelling in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential District, prohibits office use, while the applicant proposes to occupy the first floor unit of an existing two-family dwelling with office uses; and
WHEREAS, Section 3332.15, R-4, Area District requirements, requires a minimum of 6,000± square feet of lot area for a two-story two-family dwelling, while the existing lot consists of 4,398± square feet; and
WHEREAS, Section 3332.22(a)(1), Building lines, requires a building setback of not less than eight (8) feet, while the applicant proposed to maintain the existing zero (0) foot building line for the dwelling; and
WHEREAS, Section 3332.22(c)(1), Building lines on corner lots-Exceptions, requires a building setback of not less than eight (8) feet, while the applicant proposes to maintain the existing zero (0) foot building line for the principal structure and to maintain the existing one-half (1/2) foot building line for the garage where ten (10) feet would be required; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of not less than five (5) feet, while the existing building maintains the existing zero (0) foot side yard on the south, west and east sides of the property; and
WHEREAS, Section 3332.30, Clear Vision at Vehicular Access Points, requires the size of required clear vision triangles to be 10-feet on each of the perpendicular sides, while the applicant proposes to reduce this to 6 feet from the alley and 0.5 feet along Hamlet Street; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, would require two (2) parking spaces per dwelling unit for two-family dwellings and 3 parking spaces for the 635 square foot office for a total requirement of seven (7) spaces, while the applicant proposes to provide a total of two (2) parking spaces in the existing garage; and
WHEREAS, the City Departments recommend approval of said ordinance; and
WHEREAS, the Italian Village Area Commission recommends approval; 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, 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to obtain the necessary building permits for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 162 DETROIT AVENUE (43201), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That variances from the provisions of Sections 3332.15, R-4 Area District Requirements, 3332.22(a)(1) and (c), Building Lines on Corner Lots, 3332.26(C) and (E), Minimum Side yard permitted, 3332.30(c) Clear Vision at Vehicular Access Points, 3342.28,A.6. and B.11. Minimum number of parking spaces required of Columbus City Codes are hereby granted for the property located at 162 DETROIT AVENUE (43201), insofar as said sections prohibit general office uses, by varying the district's permitted use to allow general office uses in the R-4 Residential District in an existing building; on a reduced lot area of 4,398± square feet; with a building line reduced from eight (8) feet to zero (0) feet for the existing principal structure and from ten (10) feet to one half ( ½ )of a foot for the existing garage; with side yard setbacks reduced from five (5) feet to zero (0) feet for the existing principal structure along the south, west and east sides of the property, with clear vision triangles reduced from 10-feet on each perpendicular side to six (6) feet along the alley and to one half ( ½ ) of a foot along Hamlet Street, with parking reduced from seven (7) required spaces to two (2) spaces, said property being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being Lot Number Sixteen (16) of MORRIS S. BOOTH'S SUBDIVISION of Lots Nos. 9. 10, 11, 12, 13, 14, 15 and 16, designate on the Amended Plat of G.G. Collins, et al. Subdivision of Lots Nos. 13, 15 and 15 of W.G. Deshler's Addition to Wm. Phelan's Mt. Pleasant Addition to said City, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 172, 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 general offices as listed in section 3353.03 E. on the first floor only, or those uses permitted in the R-4, Residential District.
Section 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.