Explanation
Council Variance: CV04-035.
APPLICANT: Daniel Downing; c/o Dean Berlon, Agent; Urban Order Architecture; 797 Summit Street; Columbus, Ohio 43215.
PROPOSED USE: To permit two single-family dwellings developed on the same lot.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will make two existing non-conforming single-family dwellings on the same lot conforming and permit a two-story frame addition to 928 Dennison Avenue. The ARLD, Apartment Residential District allows one single-family dwelling as a sole use as outlined in C.C. 3355.055. The site plan indicates the two existing single-family dwellings, an existing two-car garage, and a proposed two-story frame addition to 928 Dennison Avenue. Building design will conform to specifications approved by the Victorian Village Commission. A hardship exists in that the owner cannot obtain permits required for the proposed addition at 928 Dennison Avenue because two single-family dwellings are not permitted on the same lot in the ARLD, Apartment Residential District. Additional variances to development standards are requested to reduce required lot width, to permit a single-family dwelling that does not front a public street, to reduce minimum side yard, to reduce rear yard, to reduce the Dennison Avenue building setback line and to reduce the size of two parking spaces. All variances to development standards reflect existing conditions and are not related to the proposed building addition.
Title
To grant a Variance from the provisions of Sections 3332.02 3333.02, ARLD, AR-12, ARLD and AR-1 Apartment residential district use; 3333.09, Area requirements; 3333.16, Fronting; 3333.18, Building lines; 3333.23, Minimum side yard permitted; 3333.24, Rear yard; and 3342.19, Parking space of the Columbus City Codes; for the property located at 926-928 DENNISON AVENUE (43201), to permit two single-family dwellings on the same lot with reduced development standards in the ARLD, Apartment Residential District and to declare an emergency (Council Variance CV04-035).
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WHEREAS, by application No. CV04-035, the owners of property at 926-928 DENNISON AVENUE (43201), are requesting a Council Variance to permit two detached single-family dwellings on the same lot in the ARLD, Apartment Residential District; and
WHEREAS, Section 3332.02 3333.02, ARLD, AR-12, ARLD and AR-1 Apartment residential district use, permits one single-family dwelling as the sole use on a lot, while the applicant proposes to retain two existing detached single-family dwellings on the same lot; and
WHEREAS, Section 3333.09, Area requirements, requires a minimum lot width of no less than fifty (50) feet; while the applicant proposes to maintain the existing Dennison Avenue lot width of 41.66± feet; and
WHEREAS, Section 3333.16, Fronting, requires that each principal building shall front upon a public street, while the applicant proposes that the existing single-family dwelling at 928 Dennison Avenue shall not front on a public street; and
WHEREAS, Section 3333.18, Building lines, requires a twenty-five (25) foot building line for Dennison Avenue, while the applicant proposes a building line of fourteen (14±) plus or minus feet to maintain the existing site condition; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a minimum side yard of five (5) feet, while the applicant proposes to retain the existing minimum side yard of two (2) feet along the north property line; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes to eliminate the required rear yard and maintain the existing site condition; and
WHEREAS, Section 3342.19, Parking space, requires that the minimum size of a parking space be nine (9) feet in width by eighteen (18) feet in length, while the applicant proposes to maintain the existing site condition and reduce parking space size to nine (9) feet in width by seventeen and one-half (17½) feet in length for the two parking spaces stacked between the garage door and alley; and
WHEREAS, this variance will permit two detached single-family dwellings on one lot and allow the applicant to build a two-story frame addition to 928 Dennison Avenue that conforms to specifications approved by the Victorian Village Commission;
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments note a hardship exists and recommend approval because the applicant cannot obtain the permits necessary for an addition to 928 Dennison Avenue because two single-family dwellings are located on the same lot, and Council variance is the only means to allow two single-family dwellings on the same lot in the ARLD, Apartment Residential District; 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the urgency to begin construction before Winter 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 926-928 DENNISON AVENUE (43201), 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 3332.02 3333.02, ARLD, AR-12, ARLD and AR-1 Apartment residential district use; 3333.09, Area requirements; 3333.16, Fronting; 3333.18, Building lines; 3333.23, Minimum side yard permitted; 3333.24, Rear yard; and 3342.19, Parking space of the Columbus City codes; for the property located at 926-928 DENNISON AVENUE (43201), insofar as said sections prohibit two (2) single-family dwellings on the same lot with a lot width of 41.66± feet, a single-family dwelling at 928 Dennison Avenue that does not front on a public street, a Dennison Avenue building line of 14± feet, a minimum side yard of two (2) feet, no rear yard, and two stacked parking spaces that are nine (9) feet wide and seventeen and one-half (17½) feet in length; said property being more particularly described as follows:
LEGAL DESCRIPTION FOR 926 AND 929 DENNISON AVENUE
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
Being Lot Number Seventeen (17) together with the West half of the alley adjoining on the said lot on the east vacated in Ordinance No. 1564-67 passed December 11, 1967 of STEWART AND GREENER'S SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 78, Recorder's Office, Franklin County, Ohio. Known as 926-928 Dennison Avenue, Columbus, OH 43201.
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-family dwellings, or those uses permitted in the ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site and elevation plan titled "ADDITION TO: 928 DENNISON AVENUE, THE DOWNING RESIDENCE, COLUMBUS, OHIO,"dated June 15, 2004, and signed on September 29, 2004 by Dean Berlon, agent for the applicant. The Site 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 Zoning Site Plan shall be subject to review and approval by the Director of the Department of Development, or his 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. 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.