Explanation
Council Variance Application: CV16-054
APPLICANT: Eric Cliffel c/o Dave Perry, Agent; David Perry Company, Inc.; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: A carriage house on a lot developed with a single-unit dwelling.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned R-4, Residential District, and is developed with a single-unit dwelling. The requested Council variance will permit the construction of a single-unit dwelling above a detached garage (a carriage house) on the rear of the lot, while conforming the lot width and side yard of the existing single-unit dwelling. A Council variance is necessary because the R-4, Residential District permits a maximum of four dwelling units in one building, but does not permit two residential buildings on the same lot. Variances for reduced lot width, area district requirements, fronting, minimum side yard, and rear yard are also included in the request. The site is located within the planning area of the Fifth by Northwest Neighborhood Plan (2009) which recommends medium-density mixed residential land uses at this location. Staff finds that the proposal is consistent with the Plan’s land use recommendation and will not add incompatible uses to the area. This request is consistent with the recent development pattern occurring in the Fifth by Northwest neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District; 3332.05(A)(4), Area district lot width requirements; 3332.15, R-4 Area district requirements; 3332.19, Fronting; 3332.26(C)(2), Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City codes; for the property located at 1607 ELMWOOD AVENUE (43212), to permit a single-unit dwelling above a garage (a carriage house) on the rear of a lot developed with a single-unit dwelling, with reduced development standards in the R-4, Residential District (Council Variance # CV16-054).
Body
WHEREAS, by application # CV16-054, the owner of property at 1607 ELMWOOD AVENUE (43212), is requesting a Council variance to permit a single-unit dwelling above a garage (a carriage house) on the rear of a lot developed with a single-unit dwelling, with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential District, permits a maximum of four units in one building, but does not permit two separate dwellings on one lot, while the applicant proposes to construct a rear single-unit dwelling above a detached garage (a carriage house) on a lot developed with a single-unit dwelling; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a lot no less than 50 feet wide, while the applicant proposes to maintain the existing 45-foot wide lot; and
WHEREAS, Section 3332.15, R-4 Area district requirements, requires a lot of 5,000 square feet for a single-unit dwelling, while the applicant proposes to maintain an existing single-unit dwelling and construct a second single-unit dwelling (a carriage house) on a lot that is approximately 6,390 square feet (3,195 square feet per 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 fronting on a rear public alley; and
WHEREAS, Section 3332.26(C)(2), Minimum side yard permitted, requires a minimum side yard of 5 feet on a lot width of 40 feet or more, while the applicant proposes to maintain a northern side yard of 4 feet for the existing dwelling, and a reduced north and south side yard of 4.5 feet for the new carriage house dwelling; 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 carriage house dwelling; and
WHEREAS, the Fifth by Northwest Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval of the requested variances because the proposal is consistent with Fifth by Northwest Neighborhood Plan’s recommendation for medium-density mixed residential land uses, will not add incompatible uses to the area, and is consistent with the recent development pattern in the Fifth by Northwest neighborhood; 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, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 1607 ELMWOOD AVENUE (43212), 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; 3332.05(A)(4), Area district lot width requirements; 3332.15, R-4 Area district requirements; 3332.19, Fronting; 3332.26(C)(2), Minimum side yard permitted; 3332.27, and Rear yard, of the Columbus City codes, is hereby granted for the property located at 1607 ELMWOOD AVENUE (43212), insofar as said sections prohibit two single-unit dwellings on one lot in the R-4, Residential District; with a reduced lot width from 50 to 45 feet; a reduced lot area from 5,000 square feet per dwelling unit to 3,195 square feet; no frontage on a public street for the carriage house; a reduced side yard from 5 feet to 4 feet on the north side of the existing dwelling, and from 5 feet to 4.5 on the north and south sides of the rear carriage house dwelling; and a reduced rear yard from 25 percent to 0 percent for the rear carriage dwelling; said property being more particularly described as follows:
1607 ELMWOOD AVENUE (43212), being 0.15± acres located on the west side of Elmwood Avenue, 190± feet north of West Fifth Avenue, and being more particularly described as follows:
Situated in the County of Franklin, State of Ohio and City of Columbus:
Being the North half of Lot Number One Hundred thirty-one (N1/2 of Lot No. 131) and all of Lot Number One Hundred Thirty-Two (132) in Ricketts and Millers’ Summit Plain addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 344, Recorder’s Office, Franklin County, Ohio and being 45 feet front by 142 feet length.
Parcel No: 010-062106
Property Address: 1607 Elmwood Avenue, Columbus, Ohio 43212
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a single-unit dwelling with a rear single-unit carriage house, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the site plan and elevation drawings titled, "1607 ELMWOOD AVE SHEETS A0-1 & A2-1," signed by David B. Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant, and dated June 19, 2017. 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 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 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.