Explanation
Council Variance Application: CV23-134
APPLICANT: Eric D. Martineau; 3006 North High Street, Suite 1A; Columbus, OH 43202.
PROPOSED USE: Two single-unit dwellings on one lot.
GERMAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a single-unit dwelling within the R-2F, Residential District. A Council variance is required because the R-2F district does not allow two single-unit dwellings on one lot, while the applicant proposes to build a carriage house above the existing garage. Variances for fronting, side yard, side yard obstruction, and rear yard are included in this request. The site is located in the German Village Historic District, which does not contain a recommended land use for this location. Staff supports the proposed variances as the request is consistent with similar proposals in the neighborhood, and will require a Certificate of Appropriateness for final building design from the German Village Commission.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F residential district; 3332.19, Fronting; 3332.25, Maximum side yards required; 3332.26(C)(1), Minimum side yard permitted; 3332.27, Rear yard; and 3332.28, Side or rear yard obstruction, of the Columbus City Codes; for the property located at 165 E. DESHLER AVE. (43206), to allow a single-unit dwelling and a rear single-unit dwelling (carriage house) on one lot with reduced development standards in the R-2F, Residential District and to declare an emergency. (Council Variance #CV23-134).
Body
WHEREAS, by application #CV23-134, the owner of the property at 165 E. DESHLER AVE. (43206), is requesting a Variance to allow two single-unit dwellings on one lot with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F residential district, allows one single-unit or one two-unit dwelling on a lot, while the applicant proposes a single-unit dwelling above a detached garage (carriage house) on a lot developed with a single-unit dwelling; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling unit to have frontage on a public street, while the applicant proposes a carriage house with frontage on a rear public alley; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to equal or exceed 20 percent of the width of the lot, a maximum requirement of 14 feet for a 70 foot wide lot, while the applicant proposes a maximum side yard of 5.6 feet for the proposed single-unit carriage house and existing detached garage (to be converted to personal office space); and
WHEREAS, Section 3332.26(C)(1), Minimum side yard permitted, requires a minimum side yard of five feet, while the applicant proposes a reduced side yard of four feet along the western property line of the proposed pavilion, 3.2 feet along the western property line for the proposed carriage house, and 2.4 feet along the eastern property line for the existing detached garage (to be converted to personal office space); and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area for each dwelling, while the applicant proposes no rear yard for the proposed carriage house; and
WHEREAS, Section 3332.28, Side or rear yard obstruction, requires the area in the side or rear yard to be open from the finished grade to the sky, while the applicant proposes two parking spaces to encroach into the eastern side yard, the carriage house to encroach into the western side yard, and the existing detached garage (to be converted to personal office space) to encroach into the eastern side yard, as shown on the site plan; and
WHEREAS, the German Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variances and site design are consistent with similar proposals in the neighborhood, and will require a Certificate of Appropriateness from the German Village Commission for final building design; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed single-unit dwelling and personal office space; 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 165 E. DESHLER AVE. (43206), in using said property as desired; now, therefore: 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 need of Construction in Central Ohio is limited to periods when the temperatures allow for excavation and pouring concrete. Absent Emergency Designation, the Owners risk losing 30 days of construction window, pushing the project to later when worker availability and material delays could cause the project to be delayed, for the immediate preservation of the public peace, property, health and safety; 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 3332.037, R-2F residential district; 3332.19, Fronting; 3332.25, Maximum side yards required; 3332.26(C)(1), Minimum side yard permitted; 3332.27, Rear yard; and 3332.28, Side or rear yard obstruction, of the Columbus City Codes; for the property located at 165 E. DESHLER AVE. (43206), insofar as said sections prohibit two single-unit dwellings on one lot in the R-2F, Residential District; with no frontage on a public street for the proposed carriage house; no rear yard for the proposed carriage house; reduced maximum side yard from 14 feet to 5.6 feet for the proposed carriage house and personal office structure; reduced minimum side yards from five feet to four feet along the western property line of the proposed pavilion, 3.2 feet along the western property line for the proposed carriage house, and 2.4 feet along the eastern property line for the personal office structure; reduced rear yard from 25 percent to no rear yard for the proposed carriage house; and an obstruction of the required eastern and western side yards with two parking spaces, the proposed carriage house, and the detached personal office structure; said property being more particularly described as follows:
165 E. DESHLER AVE. (43206), being 0.27± acres located on the south side of East Deshler Avenue, 152± feet east of South 4th Street and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, State of Ohio:
Being Lot Number Ninety Five (95) and 7 1/2 feet off the west side of Lot 96, Deshler and Thurman’s Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 357, Recorder’s Office, Franklin County, Ohio.
Franklin County Parcel number: 010-030413
Street address of property: 165 East Deshler Avenue, Columbus, Ohio 43206
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, a detached personal office structure, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on general conformance with the site plan titled, "SITE PLAN," signed by Eric D. Martineau, Attorney, and dated January 10, 2024. 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 adjustment to the plan shall be reviewed and may be approved 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 Certificates of Occupancy for the proposed single-unit dwelling and personal office space.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 5. 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.