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File #: 1264-2023    Version: 1
Type: Ordinance Status: Passed
File created: 4/21/2023 In control: Zoning Committee
On agenda: 6/12/2023 Final action: 6/14/2023
Title: To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; and 3312.49(C), Minimum number of parking spaces required, of the Columbus City Codes; for the property located at 1317-1319 E. 17TH AVE. (43211), to permit a two-unit dwelling with reduced development standards in the R-3, Residential District (Council Variance #CV22-127).
Attachments: 1. ORD1264-2023_Attachments, 2. ORD1264-2023_Labels
Date Ver.Action ByActionResultAction DetailsMeeting Details
6/14/20231 CITY CLERK Attest  Action details Meeting details
6/13/20231 MAYOR Signed  Action details Meeting details
6/12/20231 COUNCIL PRESIDENT Signed  Action details Meeting details
6/12/20231 Zoning Committee Accept entire staff report into evidence as an exhibitPass Action details Meeting details
6/12/20231 Zoning Committee Adopt the findings of staff as the findings of CouncilPass Action details Meeting details
6/12/20231 Zoning Committee ApprovedPass Action details Meeting details
6/5/20231 Columbus City Council Read for the First Time  Action details Meeting details

Explanation

 

Council Variance Application: CV22-127

 

APPLICANT:  Healthy Linden Homes; c/o Emily Long Rayfield; P.O. Box 77499; Columbus, OH 43207.

 

PROPOSED USE:  Two-unit dwelling.

 

SOUTH LINDEN AREA COMMISSION RECOMMENDATION:  Approval.

 

CITY DEPARTMENTS' RECOMMENDATION:  Approval. The site consists of one undeveloped parcel in the R-3, Residential District, formerly developed with a two-unit dwelling. The requested Council variance will permit a new two-unit dwelling to be constructed on the site. A Council variance is required because the R-3 district permits only single-unit dwellings. Variances to reduce the lot width, lot area, and a parking reduction from four required to three provided spaces are included with this request. The site is within the boundaries of the South Linden Land Use Plan (2018), which recommends “Medium-High Density Residential” land uses at this location, which is consistent with the proposal. Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018) recommend that the design and character of new development, including homes, additions, and garages, be appropriate and reflect the nearby structures in terms of height, width, setbacks, lot coverage, and roof pitch. The guidelines also call for front porches, parking located to the rear, open space, street trees, and landscaping. Staff finds that the proposal is consistent with the Plan’s land use recommendations, C2P2 Design Guidelines, and development pattern in this neighborhood. As the proposal fits within the larger development pattern of the neighborhood, the request does not introduce an incompatible use to the area.

 

Title

 

To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; and 3312.49(C), Minimum number of parking spaces required, of the Columbus City Codes; for the property located at 1317-1319 E. 17TH AVE. (43211), to permit a two-unit dwelling with reduced development standards in the R-3, Residential District (Council Variance #CV22-127).

 

Body

 

WHEREAS, by application #CV22-127, the owner of property at 1317-1319 E. 17TH AVE. (43211), is requesting a Council variance to permit a two-unit dwelling 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 a two-unit dwelling; and

 

WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet in the R-3, Residential District, while the applicant proposes to maintain a lot width of 35± feet; and

 

WHEREAS, Section 3332.13, R-3 area district requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of not less than 5,000 square feet in area, while the applicant proposes a reduced lot area of 3,675± square feet, or 1,838± square feet per dwelling unit; and

 

WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires two parking spaces per dwelling unit, or four parking spaces for a two-unit dwelling, while the applicant proposes three parking spaces; and   

 

WHEREAS, the South Linden Area Commission recommends approval; and

 

WHEREAS, the City Departments recommend approval because this request is consistent with the land use recommendations of the South Linden Land Use Plan, the site design recommendations of C2P2, and does not introduce an incompatible use to the area; 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 1317-1319 E. 17TH AVE. (43211) 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 3332.035, R-3 residential district; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; and 3312.49(C), Minimum number of parking spaces required, of the Columbus City Codes; is hereby granted for the property located at 1317-1319 E. 17TH AVE. (43211), insofar as said sections prohibit a two-unit dwelling in the R-3, Residential District; with a reduced lot width from 50 to 35 feet; reduced lot area from 5,000 square feet to 3,675± square feet; and a parking space reduction from four required spaces to three provided spaces; said property being more particularly described as follows:

 

1317-1319 E. 17TH AVE. (43211) being 0.11± acres located on the south side of E. 17th Avenue, 120± feet east of Louis Avenue, and being more particularly described as follows:

 

Situated in State of Ohio, county of Franklin, city of Columbus and more fully described as:

 

Being Lot Number One Hundred Thirty (130) of LOUIS HEIGHTS ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 11, Page 8, Recorder’s Office, Franklin County, Ohio.

 

Address: 1317-19 E 17th Ave., Columbus, OH 43211

Parcel No.: 010-019887

 

SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a two-unit dwelling, 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, "SITE STUDY," and building elevations titled, "EXTERIOR ELEVATIONS SHEET 1 AND 2" both dated May 26, 2023, and signed by Mazie Cheesebrough, 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 use.

 

SECTION 5.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.