Explanation
Council Variance Application: CV23-085
APPLICANT: David L. Fisher, Trustee; c/o Dave Perry, Agent; David Perry Co., Inc.; 411 East Town Street, 1st Floor; Columbus, OH 43215; and Donald Plan, Attorney; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215.
PROPOSED USE: Two single-unit dwellings on one lot.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel in the R-3, Residential District developed with a single-unit dwelling. The requested Council variance will allow an accessory dwelling unit within a new detached garage (carriage house). A Council variance is necessary because the R-3, Residential District does not allow two separate dwellings on one lot. The request includes variances to parking surface, building setbacks, rear yard, and garage size. The site is located within the planning boundaries of the Clintonville Neighborhood Plan (2009), which recommends “Single Family” land uses at this location. Staff is supportive as the overall site design is consistent with Plan design guidelines with regard to landscaping and screening, garage placement, and building design. The request is consistent with the housing types, density, and development pattern found in the surrounding area, and is not considered to be an introduction of an incompatible use.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3312.43, Required surface for parking; 3332.21, Building lines; 3332.27, Rear yard; and 3332.38(F), Private garage; of the Columbus City Codes; for the property located at 4 N. BROADWAY LN. (43214), to allow two single-unit dwellings on one lot with reduced development standards in the R-3, Residential District (Council Variance #CV23-085).
Body
WHEREAS, by application #CV23-085, the owner of the property at 4 N. BROADWAY LN. (43214), is requesting a Variance to allow two single-unit dwellings on one lot with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, does not allow two separate dwellings on one lot, while the applicant proposes a single-unit dwelling with an accessory dwelling unit within a new detached garage (carriage house); and
WHEREAS, Section 3312.43, Required surface for parking, requires the surface of any parking or loading space, parking lot, aisle, or driveway be designed to control storm water runoff and be improved with Portland cement, or other approved hard surface other than gravel or loose fill, while the applicant proposes to maintain the existing gravel driveway; and
WHEREAS, Section 3332.21, Building lines, requires a building setback line of 10 feet from East North Broadway Lane, while the applicant proposes to maintain a reduced building setback line of two feet for the existing 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 accessory dwelling unit; and
WHEREAS, Section 3332.38(F), Private garage, requires no portion of the lot area devoted to a private garage or a carport to exceed the greater of 720 square feet, or one-third of the minimum net floor area for living quarters of the principal residence, equating to 1,189 square feet for 3,569 square feet of living quarter space, while the applicant proposes increased garage space of 2,244 square feet for the new detached garage while maintaining an existing 580 square foot attached garage (2,824 square feet total); and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance will permit a residential development that is consistent with the housing types, density, and development pattern found in the surrounding area, and is not considered to be the introduction of an incompatible use; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed accessory dwelling unit; 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 4 N. BROADWAY LN. (43214), 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 3332.035, R-3 residential district; 3312.43, Required surface for parking; 3332.21, Building lines; 3332.27, Rear yard; and 3332.38(F), Private garage; of the Columbus City Codes; for the property located at 4 N. BROADWAY LN. (43214), insofar as said sections prohibit two single-unit dwellings on the same lot in R-3, Residential District; with a gravel surface for parking and maneuvering; a reduced building setback from 10 feet to two feet along East North Broadway Lane; no rear yard for the accessory dwelling unit; and increased private garage space from 1,189 square feet to 2,824 square feet; said property being more particularly described as follows:
4 N. BROADWAY LN. (43214), being 0.75± acres located at the terminus of North Broadway Lane, 155± feet south of East North Broadway Street, and being more particularly described as follows:
Situated in the County of Franklin, State of Ohio, and in the City of Columbus, and bounded and described as follows:
Being Lots Numbered Eight (8), Nine (9), Ten (10), Eleven (11), and Twelve (12) of BROADWAY VILLA, a subdivision of Lots Number 72 & 71 of Loren and Dennison’s Subdivision, as said Lots Number 8, 9, 10, 11, and 12 are numbered and delineated upon the recorded plat thereof, of record in Plat Book 17, Page 207, Recorder’s Office, Franklin County, Ohio.
Address: 4 North Broadway Lane, Columbus, Ohio 43214
Parcel No.: 010-087388
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a two single-unit dwellings on the same lot in accordance with the submitted site plan, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "ZONING SITE PLAN A-0.1," dated October 3, 2023, and signed by David Perry, Agent for the Applicant, and Donald Plank, Attorney for the Applicant. 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 applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed accessory dwelling unit.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.