Explanation
Council Variance Application: CV24-033 CV25-033
APPLICANT: Eric Thacker; 2444 Elm Avenue; Columbus, OH 43209.
PROPOSED USE: Three-unit dwelling.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
HISTORIC RESOURCES COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a two-unit dwelling in the R-3, Residential District. The requested Council variance will allow its conversion into a three-unit dwelling with no structural changes proposed. A variance to required parking, lot width, and lot area are also included in this request. The site is located within the planning boundaries of the Near East Area Plan (2005), which does not have a recommended land use at this location, but recommends that new housing be consistent with the housing types, density, and development pattern of the neighborhood. City staff supports the requested variance as the proposal is consistent with the housing types and density along Bryden Road. The site is also within the Bryden Road Historic District, and is subject to review and issuance of a Certificate of Appropriateness by the Historic Resources Commission for any applicable exterior modifications to the property.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3312.49, Required parking; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements, of the Columbus City Codes; for the property located at 1469-1471 BRYDEN RD. (43205), to allow a three-unit dwelling with reduced development standards in the R-3, Residential District (Council Variance #CV25-033); and to declare an emergency.
Body
WHEREAS, by application #CV25-033, the owner of property at 1469-1471 BRYDEN RD. (43205), is requesting a Council variance to allow a three-unit dwelling with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, only allows one single-unit dwelling on a lot, while the applicant proposes to convert the existing two-unit dwelling into a three-unit dwelling; and
WHEREAS, Section 3312.49, Required parking, requires two parking spaces per dwelling unit, or six spaces for a three-unit dwelling, while the applicant proposes zero parking spaces; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet in the R-3, Residential District, while the applicant proposes to maintain a reduced lot width of 40 feet; and
WHEREAS, Section 3332.13, R-3 area district requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of not less than 5,000 square feet in area, while the applicant proposes a three-unit dwelling on a reduced lot area of 3,200± square feet in area (1,066± square feet per dwelling unit); and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the Historic Resources Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances are consistent with similar proposals in the neighborhood, and will require a Certificate of Appropriateness from the Historic Resources Commission for any applicable exterior modifications to the property; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the three-unit dwelling; 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 1469-1471 BRYDEN RD. (43205), in using said property as desired; now, therefore:
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need to meet the financing deadline with variance approval as a prerequisite for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.035, R-3 residential district; 3312.49, Required parking; 3332.05(A)(4), Area district lot width requirements; and 3332.13, R-3 area district requirements, of the Columbus City Codes; is hereby granted for the property located at 1469-1471 BRYDEN RD. (43205), insofar as said sections prohibit a three-unit dwelling in the R-3, Residential District, with a reduction in the required parking from six to zero spaces; a reduced minimum lot width from 50 feet to 40 feet; and a reduced lot area from 5,000 square feet per dwelling unit to 3,200± square feet (1,066± square feet per dwelling unit); said property being more particularly described as follows:
1469-1471 BRYDEN RD. (43205), being 0.08± acres located at the southeast corner of Bryden Road and Miller Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the city of Columbus.
Being forty (40) feet off the West end of Lots Numbers One (1) and Two (2) of Addie E. Stout’s Subdivision of Eighty (80) feet off the North End of Lots Sixty-eight to Seventy-one (68 to 71) inclusive, of James Nelson’s Addition to the City of Columbus, Ohio, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book No 5, Page 392, Recorder’s Office, Franklin County, Ohio.
Subject to an Easement to the City of Columbus, Ohio, on five (5) feet along the South line of said Lot No. Two (2) for the purpose of constructing and maintaining an 8-inch sewer in any part of said Tract, including right to clear, repair and care of said sewer, together with the right of access to said Tract of said purpose. Said premises being the same premises conveyed to George B, White by Warranty Deed from D.H. Welch, et ux., recorded in Deed Book 775, page 80 of the Records of Franklin County, Ohio.
Parcel No: 010-023609
Property Address: 1469-1471 Bryden Road, Columbus, OH 43205
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a three-unit dwelling, or those uses allowed in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the three-unit dwelling.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 4. 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 and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.