Explanation
Council Variance Application: CV24-077
APPLICANT: You Know It Takes A Village LLC; c/o Laura MacGregor Comek, Atty.; 17 South High Street, Suite 700; Columbus, OH 43215.
PROPOSED USE: Shared living facility.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling in the R-4, Residential District. A Council variance is required because the R-4 district does not allow shared living facilities, while the applicant proposes such a use with a maximum of eight residents. The request also includes variances to parking and side yards for existing nonconforming conditions. The site is located within the planning boundaries of the East Columbus Neighborhood Plan (2012), which recommends “Medium Density Mixed Residential” land uses at this location. Although the Plan does not address shared living facilities, the request is consistent with the recommendation for mixed-residential development. Staff has no objection to the requested use, which must comply with Ohio Revised Code requirements, be issued a rooming house license, and be inspected yearly by the Division of Code Enforcement. The Division of Traffic Management is in support of the request for no parking spaces as the residents will be under the age of 16 and will not be able to drive.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, residential district; 3312.49, Required parking; 3332.25, Maximum side yard required; and 3332.26(C), Minimum side yard permitted, of the Columbus City Codes; for the property located at 2958 E. 11TH AVE. (43219), to allow a shared living facility with reduced development standards in the R-4, Residential District (Council Variance #CV24-077).
Body
WHEREAS, by application #CV24-077, the owner of property at 2958 E. 11TH AVE. (43219), is requesting a Council variance to allow a shared living facility with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4 residential district, does not allow shared living facilities, while the applicant proposes to operate a shared living facility for a maximum of eight residents within a single-unit dwelling; and
WHEREAS, Section 3312.49, Required parking, requires one parking space per 400 square feet of shared living facility space, a total requirement of three spaces, while the applicant proposes to maintain zero parking spaces; and
WHEREAS, Section 3332.25, Maximum side yard required, requires a maximum side yard equal to 20 percent of the lot width, or 7.8 feet for a lot width of 39 feet, while the applicant proposes to maintain a reduced maximum side yard of six feet; and
WHEREAS, Section 3332.26(C), Minimum side yard permitted, requires that the minimum side yard be no less than three feet, while the applicant proposes to maintain a reduced side yard of two feet along the eastern property line; and
WHEREAS, the City Departments recommend approval because the requested use is consistent with the mixed-residential land use recommendation of the East Columbus Neighborhood Plan, and will 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 shared living facility; 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 2958 E. 11TH AVE. (43219) 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; 3312.49, Required parking; 3332.25, Maximum side yard required; and 3332.26(C), Minimum side yard permitted, of the Columbus City Codes; is hereby granted for the property located at 2958 E. 11TH AVE. (43219), insofar as said sections prohibit a shared living facility within a single-unit dwelling in the R-4, Residential District, with a reduction in required parking from three to zero spaces; a reduced maximum side yard from 7.8 to six feet; and a reduced minimum side yard from three to two feet along the eastern property line; said property being more particularly described as follows:
2958 E. 11TH AVE. (43219), being 0.15± acres located on the north side of East 11th Avenue, 155± feet east of Alton Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being Lot Number Ninety-five (95), In Wilbur Dunham's Second East Columbus Heights Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 7, Pages 306 and 307, Recorder's Office, Franklin County, Ohio.
Parcel No.: 010-066074
Address: 2958 East 11th Avenue, Columbus, OH 43219
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a shared living facility, or those uses allowed in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed shared living facility.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.