Explanation
Council Variance Application: CV03-014
APPLICANT: Connie J. Klema, Atty.; P.O. Box 991; Pataskala, Ohio 43062.
PROPOSED USE: To conform an existing second single-family dwelling unit (a carriage house) on the rear of a lot developed with a single-family dwelling.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow renovation of an existing second single-family dwelling (a carriage house) on the rear of a lot developed with a single-family dwelling. The R-4, Residential District allows up to four units in the same dwelling only. The existing two-story structure is a single-family dwelling unit above three garage parking spaces, and building renovations will conform to the Historic Resources Commission requirements. A hardship exists in that a variance is necessary to permit refurbishment of the existing structure consistent with the surrounding character of the area.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District use; 3332.15, Area District requirements; 3332.19, Fronting on a public street; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard; for the property located at 882 BRYDEN ROAD (43205), to conform an existing second single-family dwelling unit (a carriage house) on the rear of a lot developed with a single-family dwelling with reduced development standards in the R-4, Residential District, and to declare an emergency. (Council Variance # CV03-014)
Body
WHEREAS, by application No. CV03-014, the owner of the property at 882 BRYDEN ROAD (43229) is requesting a Council variance to permit a second single-family dwelling (a carriage house) on the rear of a lot developed with a single-family dwelling in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4 Residential District use, requires a separate lot for each principal use, while the applicant proposes to keep an existing second single-family dwelling (a carriage house) on the rear of the same lot that is developed with a single family dwelling; and
WHEREAS, Section 3332.15, Area District requirements, requires each single dwelling have a lot of no less than 5,000 square feet, while the applicant proposes to keep a second single-family dwelling on the same 9,730 square foot lot; and
WHEREAS, Section 3332.19, Fronting on a public street, requires a dwelling unit to have a minimum thirty-five (35) feet of frontage on a public street, while the applicant proposes to maintain no frontage for the second single-family dwelling; and
WHEREAS, Section 3332.25, Maximum side yard required, requires the sum of the widths of each side yard shall equal or exceed twenty (20) percent of the width of the lot, while the applicant proposes to reduce the maximum side yard from 7.4 feet to 4.7 feet for the second single-family dwelling; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than 3 feet, while the applicant proposes a 1.4 foot side yard along the west property line for the second single-family dwelling; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes no rear yard for the second single-family dwelling; and
WHEREAS, this variance will permit an existing second single-family dwelling (a carriage house) on the rear of a lot developed with a single-family dwelling. The R-4, Residential District allows up to four units in the same dwelling only. The existing two-story structure is a single-family dwelling unit above three garage parking spaces, and building renovations will conform to the Historic Resources Commission requirements; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because a variance is necessary to permit refurbishment of the existing carriage house structure consistent with the area's surrounding character; 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 882 BRYDEN ROAD (43205), in using said property as desired; now, therefore:
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that construction on the existing carriage house with single family apartment has been delayed due to the present requirement that two residential uses cannot exist on the same lot without a variance. The structure has been open to weather and vandalism, and cannot be used in a manner in which it was originally designed before the present code came into effect; as a single family apartment with garage below. For the immediate preservation of the public peace, health and safety, we request an emergency variance; 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 use; 3332.15, Area District requirements; 3332.19, Fronting on a public street; 3332.25, Maximum side yard required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard; for the property located at 882 BRYDEN ROAD (43205), insofar as said sections prohibit a second single-family dwelling (a carriage house) on a 9,730 square foot lot with no frontage on a public street, a reduced maximum side yard form 7.4 feet to 4.7 feet, reduced minimum side yard from 3 feet to 1.4 feet, and no rear yard; said property being more particularly described as follows:
Situated in the State of Ohio, in the County of Franklin and in the City of Columbus:
Being Lot number one (1) and the west one-half of Lot number two (2) of George M. Parsons Subdivision of part of lots numbers 4, 5, and 6 of James Bryden and others subdivision of half section 24, Township 5, Range 22, Refugee Lands as the same are numbered and delineated upon the recorded plat thereof, of record in plat book 3, page 348, Recorder's Office, Franklin County, Ohio. Also a portion of the east ½ of said Lot 2, commencing for the same at the northwest corner of said east ½ of said Lot 2; thence easterly along the north line of said Lot 2, 24-1/2 feet; thence southerly parallel with the west line of said Lot 2, 40 feet; thence westerly parallel with the north line of said Lot 2, 24-1/2 feet; thence northerly parallel with said west line of Lot 2 to the place of beginning. Said premises herein first above described are subject to the following exceptions there from: to 40 feet off the northerly end of said Lot number 1, and also a section of said lot number 2, bounded and described as follows:
Beginning at the northwest corner of said Lot number 2, running easterly along the north line of said Lot number 2, 12-1/2 feet; thence southerly and parallel with the west line of said Lot 2, 40 feet; thence westerly and parallel with the north line of said Lot 2, 12-1/2 feet; thence northerly along the west line of Lot 2 to the place of beginning.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a second single-family dwelling (a carriage house) on the rear of a lot developed with a single-family dwelling, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. 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 from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.