Explanation
Council Variance Application: CV24-060
APPLICANT: Eric D. Martineau; 3006 North High Street, Suite 1A; Columbus, OH 43202
PROPOSED USE: Two single-unit dwellings on one lot.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a single-unit dwelling with a detached garage in the R-3, Residential District. The requested Council variance will allow a second dwelling-unit above a new detached garage (carriage house). A Council variance is required because the R-3 district only allows one single-unit dwelling per lot. Variances to maneuvering, parking space, lot area, and rear yard are also included in this request. The site is located within the planning boundaries of the Clintonville Neighborhood Plan (2009), which recommends “Single Family” land uses at this location. The Plan states the neighborhood should work to provide a wider range of housing opportunities for new and existing residents. Additionally, accessory buildings may be developed and should be compatible with the neighborhood in which they are to be located relative to height, setback, design, materials, landscaping, and parking. The proposal is consistent with these recommendations.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3312.25, Maneuvering; 3312.29, Parking space; 3332.13, R-3 area district requirements; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 37 ORCHARD LN. (43214), to allow two single-unit dwellings on one lot with reduced development standards in the R-3, Residential District (Council Variance #CV24-060).
Body
WHEREAS, by application #CV24-060, the owner of the property at 37 ORCHARD LN. (43214), is requesting a Variance to allow two single-unit dwellings on one lot with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, residential district, only allows one single-unit dwelling on a lot, while the applicant proposes to construct an additional dwelling-unit above a detached garage (a carriage house), resulting in two single-unit dwellings on one lot; and
WHEREAS, Section 3312.25, Maneuvering, requires every parking space to have sufficient access and maneuvering area anywhere on a lot, while the applicant proposes to allow maneuvering over and through stacked parking spaces; and
WHEREAS, Section 3312.29, Parking space, requires that a parking space shall be a rectangular area of not less than nine feet by 18 feet, exclusive of any driveway or other circulation area, while the applicant proposes stacked parking spaces in the driveway to count as required spaces; and
WHEREAS, Section 3332.13, R-3 area district requirements, requires a 5,000 square foot lot for a single-unit dwelling, while the applicant proposes two single-unit dwellings on one lot containing 5,875 square feet; and
WHEREAS, Section 3332.27, Rear yard, requires that each dwelling, residence, or principal building shall be erected so as to provide a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a reduced rear yard of 4.25 percent for the proposed carriage house; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance is consistent with the Clintonville Neighborhood Plan’s recommendations for site design and for providing more diverse housing opportunities; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed carriage house dwelling; and
WHEREAS, said variance 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 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 variances will alleviate the difficulties encountered by the owners of the property located at 37 ORCHARD LN. (43214), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is hereby granted from the provisions of Sections 3332.035, R-3 residential district; 3312.25, Maneuvering; 3312.29, Parking space; 3332.13, R-3 area district requirements; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 37 ORCHARD LN. (43214), insofar as said sections prohibit two single-unit dwellings on one lot in the R-3, Residential District; with maneuvering over and through stacked parking spaces; stacked parking spaces in the driveway counting as required spaces; a reduced lot area from 5,000 square feet per dwelling unit to 5,875 square feet for both dwelling units; and a reduced rear yard of 4.25 percent for the proposed carriage house; said property being more particularly described as follows:
37 ORCHARD LN. (43214), being 0.14± acres located on the south side of Orchard Lane, 250± feet west of North High Street:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number Ninety-Five (95), in KENWORTH PLACE SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 9, Page 6, Recorder's Office, Franklin County, Ohio.
Parcel No.: 010-015554-00
Property Address: 37 Orchard Lane, Columbus, OH 43214
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two single-unit dwellings on one lot, 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, “SITE PLAN,” and building elevations titled, “ELEVATIONS,” both dated May 17, 2024, and signed by Eric D. Martineau, Attorney for the Applicant. The plans 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 plans 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 carriage house dwelling.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.