Explanation
Council Variance Application: CV08-033
APPLICANT: Charles R. Kuhlman; Segna Associates, Inc.; 781 Northwest Boulevard; Columbus, OH 43212.
PROPOSED USE: A single-family dwelling (a carriage house) in the rear yard of a lot developed with a two-family dwelling.
ITALIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a two-family dwelling in the R-4, Residential District. The applicant proposes to build single-family dwelling (a carriage house) above a four-car garage in the rear yard of the property. A variance is necessary because the R-4 District does not permit more than one dwelling on the same lot with up to four units in the same building. In addition to the use variance, requested variances include fronting and reductions to lot size, required side yards, rear yard, driveway width, and parking lot screening. The requested variance will allow development that is characteristic of historic Columbus neighborhoods, and building design will conform to the Italian Village Commission requirements. Staff supports the proposed use which will not add a new or incompatible use to 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 yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.08 Driveway; and 3342.17, Parking lot screening, of the Columbus City Codes; for the property located at 36 EAST RUSSELL STREET (43201), to permit a single-family dwelling (a carriage house) with reduced development standards in the rear yard of a lot developed with a two-family dwelling in the R-4, Residential District and to declare an emergency (Council Variance # CV08-033).
Body
WHEREAS, by application No. CV08-033, the owner of property at 36 EAST RUSSELL STREET (43201), is requesting a Council Variance to permit a single-family dwelling (a carriage house) with reduced development standards in the rear yard of a lot developed with a two-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 construct a second dwelling in the rear yard of a lot developed with a two-family dwelling; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3332.15, Area District requirements, requires a lot with an area that is 2,500 square feet per dwelling unit for dwellings containing 3 (three) or (4) dwelling-units, while the applicant proposes to construct a single-family dwelling in the rear yard of 7,350 square foot lot developed with a two-family dwelling; and
WHEREAS, Section 3332.19, Fronting on a public street, requires a dwelling unit to have frontage on a public street, while the applicant proposes no frontage for the rear single-family dwelling; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to be 10.4 feet, while the applicant proposes the sum of the widths of the side yards to be 8.2 feet; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum five (5) foot side yard , while the applicant proposes to construct a single-family dwelling with a three (3) foot side yard along the west property line; 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 proposed single-family dwelling, and a 14.3% rear yard for the two-family dwelling; and
WHEREAS, Section 3342.08 Driveway, requires a driveway serving a residential parking area have a minimum width of 10 feet, while the applicant proposes to maintain the existing 8.5-foot wide driveway; and
WHEREAS, Section 3342.17, Parking lot screening, requires five foot high, 75% opaque screening for parking lots located within eighty feet of residentially zoned property, while the applicant proposes no parking lot screening on the north and east property lines; and
WHEREAS, the Italian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will allow development that is characteristic of historic Columbus neighborhoods, and building design will conform to the Italian Village Commission requirements. The site is developed with a two-family dwelling in the R-4, Residential District. The applicant proposes to build single-family dwelling (a carriage house) above a four-car garage in the rear yard of the property. A variance is necessary because the R-4 District does not permit more than one dwelling on the same lot with up to four units in the same dwelling. In addition to the use variance, requested variances include fronting and reductions to lot size, required side yards, rear yard, driveway width, and parking lot screening. Staff supports the proposed use which will not add a new or incompatible use to the area; 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 36 EAST RUSSELL STREET (43201), 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 use; 3332.15, Area District requirements; 3332.19, Fronting on a public street; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.08 Driveway; and 3342.17, Parking lot screening, of the Columbus City Codes; are hereby granted for the property located at 36 EAST RUSSELL STREET (43201), insofar as said sections prohibit a single-family dwelling above a four-car garage (a carriage house) in the rear yard of a 7,350 square foot lot developed with a two-family dwelling, with no frontage on a public street, a maximum side yard totaling 8.2 feet, a minimum side yard of 3 feet along the west property line, no rear yard for the proposed dwelling and a 14.3 % rear yard for the existing two-family dwelling, a driveway that is 8.5 feet wide, and no parking lot screening along the north and east property lines; said property being more particularly described as follows:
36 EAST RUSSELL STREET (43201), being 0.17± acres located on the north side of East Russell Street, 51± feet east of Pearl Street, and being more particularly described as follows:
Parcel # 010-054388
Situated in the City of Columbus, in the County of Franklin, and in the State of Ohio:
Being Lot Number Six (6) of William A. Gill's Addition to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, pages 209-210, Recorder's Office, Franklin County, Ohio.
Excepting therefrom, a piece of ground described as follows:
Beginning at the northwest corner of said Lot No. 6, and running thence along the north line of said lot to a point 40 feet from said northwest corner; thence southward on a parallel line with the west line of said lot to a point 70 feet from said north line; thence westward on a line parallel with said north line 40 feet to a point 70 feet from said northwest corner; thence northward along the west line of said lot, 70 feet 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 single-family dwelling (a carriage house) in the rear yard of a lot developed with a two-family dwelling, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site plan titled "COACH HOUSE RESIDENCE", drawn by Segna Associates Inc., dated October 24, 2008, and signed by Charles R. Kuhlman, applicant. The Site 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 Site Plan shall be subject to review and approval by the Director of the Department of Development, or his 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 use.
SECTION 5. 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 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.