Explanation
Council Variance Application: CV11-005
APPLICANT: Kyongson Pae; c/o John R. Behal, Architect; 990 West Third Avenue; Columbus, OH 43212.
PROPOSED USE: Second single-unit dwelling (a carriage house) on the rear of a lot developed with a single-unit dwelling.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a single-unit dwelling in the R-4, Residential District. The applicant proposes to build a second single-unit dwelling (a carriage house) above a four-car garage on the rear of the property. A variance is necessary because the R-4 District allows up to four units in the same dwelling, but does not permit more than one dwelling on the same lot. In addition to the use variance, requested variances include reductions to lot size, lot width, required side yards, rear yard, and to allow no frontage on a public street for the carriage house. The requested variance will allow development that is characteristic of historic Columbus neighborhoods, and building design will conform to the Victorian Village Commission requirements. Staff supports the proposed use, which will not add a new or incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District; 3312.29, Parking space; 3332.05, Area district lot width requirements; 3332.15, R-4, area district requirements; 3332.19, Fronting on a public street; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes, for the property located at 743 DENNISON AVENUE (43215), to permit a second single-unit dwelling (a carriage house) and conform an existing single-unit dwelling with reduced development standards on a lot zoned in the R-4, Residential District (Council Variance # CV11-005).
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WHEREAS, by application No. CV11-005 , the owner of the property at 743 DENNISON AVENUE (43215), is requesting a Council Variance to permit a second single-unit dwelling (a carriage house) and to conform an existing single-unit dwelling on a lot with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential District, prohibits two single-unit dwellings on one lot, while the applicant proposes to build a second single-unit dwelling (a carriage house) on the rear of a lot developed with a single-unit dwelling on one lot; and
WHEREAS, Section 3312.29, Parking space, requires that a parking space shall be a rectangular area of not less than nine (9) feet by eighteen (18) feet, while the applicant proposes four (4) garage parking spaces that are approximately 8.9 feet wide; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a lot no less than 50 feet wide, while the applicant proposes to maintain the existing single-unit dwelling and construct a second single-unit dwelling (a carriage house) on a 42-foot wide lot; and
WHEREAS, Section 3332.15, R-4, area district requirements, requires a lot of no less than 5,000 square feet for a single-unit dwelling, while the applicant proposes to maintain the existing single-unit dwelling and construct a second single-family dwelling (a carriage house) on a 6,300 square foot lot; and
WHEREAS, Section 3332.19, Fronting on a public street, requires a dwelling unit to have frontage on a public street, while the applicant proposes no frontage for the second single-unit dwelling; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to be 8.4 feet, while the applicant proposes to maintain a 7.4 feet side yard for the existing single-unit dwelling, and requests a 6.2 feet side yard for the second single-unit dwelling; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires minimum five (5) foot side yards, while the applicant proposes to maintain a 1.8 feet side yard along the north property line for the existing single-unit dwelling, and requests 3.1 feet side yards for the second single-unit dwelling; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes no rear yard for the second single-unit dwelling; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested carriage house will not add a new or incompatible use to the area. The site is developed with a single-unit dwelling in the R-4, Residential District. The applicant proposes to build a second single-unit dwelling above a four-car garage on the rear of the property. A variance is necessary because the R-4 District allows up to four units in the same dwelling, but does not permit more than one dwelling on the same lot. In addition to the use variance, requested variances include reductions to lot size, lot width, required side yards, rear yard, and to allow no frontage on a public street for the carriage house. The requested variances will allow development that is characteristic of historic Columbus neighborhoods, and building design will conform to the Victorian Village Commission requirements; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 743 DENNISON AVENUE (43215), 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 3332.039, R-4, Residential District; 3312.29, Parking space; 3332.05, Area district lot width requirements; 3332.15, R-4, area district requirements; 3332.19, Fronting on a public street; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes, for the property located at 743 DENNISON AVENUE (43215), insofar as said sections prohibit two single-unit dwellings with four (4) 8.9± feet wide parking spaces on a 42-feet wide, 6,300 square foot lot, with a maximum side yard of 7.4 feet for the existing dwelling and 6.2 feet for the carriage house dwelling, a minimum side yard of 1.8 feet along the north property line for the existing dwelling and of 3.1 feet for the carriage house dwelling, and no rear yard for the carriage house dwelling; said property being more particularly described as follows:
743 DENNISON AVENUE (43215), being 0.15± acres located on the west side of Dennison Avenue, 128± feet south of Buttles Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being Lot Number Eighty-Six (86) in NEIL PLACE ADDITION as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Pages 362 and 363, Recorder's Office, Franklin County, Ohio.
Parcel No.: 010-008101
Property Address: 743 Dennison Avenue, Columbus, OH 43215
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a second single-unit dwelling (a carriage house) on the rear of a lot developed with a single-unit dwelling, or those uses permitted in the R-4, 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 - 743 DENNISON AVENUE," drawn by Behal Sampson Dietz, dated May 25, 2011, and signed by Gerald W. Schultz, Architect. 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 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.