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File #: 2697-2023    Version: 1
Type: Ordinance Status: Passed
File created: 9/22/2023 In control: Zoning Committee
On agenda: 10/16/2023 Final action: 10/19/2023
Title: To grant a Variance from the provisions of Sections 3332.38(H), Private garage; 3332.25 Maximum side yards required; 3332.26(C), Minimum side yard permitted; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 703 S. 5TH ST. (43206), to permit habitable space above a detached garage with reduced development standards in the R-2F, Residential District (Council Variance #CV22-098).
Attachments: 1. ORD#2697-2023_Attachments, 2. ORD#2697-2023_Labels
Date Ver.Action ByActionResultAction DetailsMeeting Details
10/19/20231 CITY CLERK Attest  Action details Meeting details
10/18/20231 MAYOR Signed  Action details Meeting details
10/16/20231 Zoning Committee Accept entire staff report into evidence as an exhibitPass Action details Meeting details
10/16/20231 Zoning Committee Adopt the findings of staff as the findings of CouncilPass Action details Meeting details
10/16/20231 Zoning Committee ApprovedPass Action details Meeting details
10/16/20231 COUNCIL PRESIDENT Signed  Action details Meeting details
10/9/20231 Columbus City Council Read for the First Time  Action details Meeting details

Explanation

 

Council Variance Application:  CV22-098

 

APPLICANT:  Juliet Bullock; Juliet Bullock Architects; 4886 Olentangy Boulevard; Columbus, OH, 43214.

 

PROPOSED USE:  Habitable space above a detached garage.

 

GERMAN VILLAGE COMMISSION RECOMMENDATION: Approval.

 

CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a single-unit dwelling zoned in the R-2F, Residential District. The applicant requests a Council variance to permit habitable space above a newly constructed detached garage. A Council variance is necessary because the zoning code only permits habitable space above a garage when connected directly to habitable space in a dwelling. The request includes variances to private garage standards, maximum and minimum side yards, and garage height. Staff supports the proposed variances as the request is consistent with similar proposals that have been approved in the area. Staff also notes that the final design is subject to a Certificate of Appropriateness by the German Village Commission.

 

Title

 

To grant a Variance from the provisions of Sections 3332.38(H), Private garage; 3332.25 Maximum side yards required; 3332.26(C), Minimum side yard permitted; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 703 S. 5TH ST. (43206), to permit habitable space above a detached garage with reduced development standards in the R-2F, Residential District (Council Variance #CV22-098).

 

Body

 

WHEREAS, by application #CV22-098, the owner of the property at 703 S. 5TH ST. (43206), is requesting a Variance to permit habitable space above a detached garage with reduced development standards in the R-2F, Residential District; and

 

WHEREAS, Section 3332.38(H), Private garage, requires habitable space in a garage to connect directly with habitable space in a dwelling, while the applicant proposes habitable space above a detached garage that is not connected to habitable space within the single-unit dwelling; 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 6.07 feet for a 30.33 foot wide lot, while the applicant proposes to maintain a maximum side yard of 3.83 feet for the existing single-unit dwelling; and

 

WHEREAS, Section 3332.26(C), Minimum side yard permitted, requires a minimum side yard of 3 feet for lots 40 feet wide or less, while the applicant proposes to maintain a minimum side yard 1.23 feet along the south property line and 2.6 feet along the north property line for the existing single-unit dwelling; and

 

WHEREAS, Section 3332.38(G), Private garage, limits garage height to 15 feet, while the applicant proposes a an increased garage height of 22.6 feet; and

 

WHEREAS, the German Village Commission recommends approval; and

 

WHEREAS, City Departments recommend approval because the requested Council variance is consistent with similar proposals that have been approved in the area; and

 

WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 703 S. 5TH ST. (43206), in using said property as desired; 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 3332.38(H), Private garage; 3332.25 Maximum side yards required; 3332.26(C), Minimum side yard permitted; and 3332.38(G), Private garage of the Columbus City Codes; for the property located at 703 S. 5TH ST. (43206) insofar as said sections prohibit habitable space above a detached garage that does not connect directly with habitable space in a dwelling in the R-2F, Residential District; a reduced maximum side yard from 6.07 feet to 3.83 feet for the existing single-unit dwelling; a reduced minimum side yard from 3 feet to 1.23 feet along the south property line and 2.6 feet along the north property line for the single-unit dwelling; and an increased height of the detached garage from 15 feet to 22.6 feet; said property being more particularly described as follows:

 

703 S. 5TH ST. (43206), being 0.11± acres located on the west side of South Fifth Street, 250± feet south of East Sycamore Street, and being more particularly described as follows:

 

Lt/Un 6 BF STAGES SUBDIVISION; Parcel #010-029741-00; Plat Book 1 Page 399

 

SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN AND IN THE CITY OF COLUMBUS ALSO PARCEL ID NO. 010-029741-00 PROPERTY ADDRESS 703 SOUTH 5TH STREET, COLUMBUS, OH 43206 PARCEL NUMBER R20-140665 BEING THE SOUTH HALF OF LOT NUMBER SIX (6) IN B.F. STAGES SUBDIVISION OF 2 1/2 ACRES OF LAND IN HALF SECTION 27, TOWNSHIP 5, RANGE 22, REFUGEE LANDS, AS THE SAME IS NUMBERED AND DELINEATED UPON THE RECORDED PLAT THEREOF, OF RECORD IN PLAT BOOK 1, PAGE 399, RECORDERS OFFICE, FRANKLIN COUNTY, OHIO BEING A PORTION OF LOT NUMBER SIX (6) OF B.F. STAGE ET AL SUBDIVISION OF 2 1/2 ACRES IN HALF SECTION 27, TOWNSHIP 5, RANGE 22, REFUGEE LANDS, ALSO KNOWN AS B.F. STAGES ADDITION, PLAT BOOK 1 , PAGE 399, RECORDERS OFFICE, FRANKLIN COUNTY, OHIO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT AN IRON PIN LOCATED ON THE WESTERLY RIGHT-OF-WAY OF SOUTH FIFTH STREET AND A POINT EQUIDISTANT FROM THE NORTHEASTERLY AND SOUTHEASTERLY COMERS OF LOT 6 THENCE WESTERLY ALONG A LINE EQUIDISTANT FROM THE NORTHERLY AND SOUTHERLY LOT LINES OF LOT, 174.95 FEET TO AN IRON PIN THENCE NORTHERLY PARALLEL WITH AND ALONG THE EASTERLY RIGHT-OF-WAY OF MACON ALLEY, 8.00 FEET TO AN IRON PIN THENCE EASTERLY ALONG A DIVIDING LINE OF LOT 6, A DISTANCE OF 174.55 FEET TO AN IRON PIN THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY OF SOUTH FIFTH STREET, A DISTANCE OF 10.00 FEET TO THE IRON PIN WHICH IRON PIN IS THE POINT OF BEGINNING, CONTAINING 1544 SQUARE FEET, MORE OR LESS.

 

Property Address: 703 South 5th Street Columbus, Ohio 43206

Parcel No.: 010-029741-00

 

SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a single-unit dwelling and habitable space above a detached garage, or those uses permitted in the R-2F, Residential District.

 

SECTION 3.  That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "703 S. FIFTH STREET COLUMBUS OHIO”, dated August 21, 2023, and signed by Juliet Bullock, Architect. 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 adjustments to the plans shall be subject to review and approval by the Director of the Department 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 following: The second floor of the garage will not be converted to, or used as, a separate dwelling unit. The second floor of the garage will have no cooking facilities.

 

SECTION 5.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.