Explanation
Council Variance Application: CV12-002
APPLICANT: Kenneth W. Peltier; c/o Dennis Swartz, Agent; Buyers and Sellers Realty; 7640 Slate Ridge Boulevard; Reynoldsburg, OH 43068.
PROPOSED USE: Allow lot splits and conform four existing two-unit dwellings.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with four two-unit dwellings on one lot zoned AR-1, Apartment Residential, and C-4, Commercial Districts. One dwelling and half of a second dwelling are currently situated in the AR-1 District, and the other half of that dwelling along with two additional dwellings are in the C-4 District. The requested Council variance will allow lot splits and conform the two-unit dwelling use so that each dwelling can be on its own lot, and subsequently sold. Variances for driveway width and maneuvering over property lines are included in the request. The site is located within the planning area of the Clintonville Neighborhood Plan (2009), which recommends two-unit residential development for this location. A variance is necessary because the AR-1 District only allows two-unit dwellings on lots platted on or before January 14, 1959, and the C-4 District prohibits ground floor residential uses. The requested variances will create lots that are comparable with lots in the immediate neighborhood. Approval of this request will not add a new or incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, Apartment residential district use; 3356.03, C-4 permitted uses; 3312.13(A), Driveway; and 3312.25, Maneuvering, of the Columbus City Codes; for the property located at 35-57 SUNNYSIDE LANE (43214), to permit four (4) two-unit dwellings with reduced development standards in the AR-1, Apartment Residential, and C-4 Commercial Districts and to declare an emergency (Council Variance # CV12-002).
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WHEREAS, by application No. CV12-002, the owner of property at 35-57 SUNNYSIDE LANE (43214), is requesting a Council Variance to permit two (2) two-unit dwellings on the same lot for two contiguous lots with reduced development standards in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1, Apartment residential district use, allows one (1) two-unit dwelling on a lot platted on or before January 14, 1959 per Section 3333.055, Exception for single- or two-family dwelling, while the applicant proposes new lots for two existing two-unit dwellings; and
WHEREAS, Section 3356.03, C-4 permitted uses, permits dwelling units only above certain commercial uses, while the applicant proposes to make the existing two-unit dwellings a conforming use on the property; and
WHEREAS, Section 3312.13(A), Driveway, requires a 10-foot minimum driveway width for residential parking areas containing one to eight parking spaces, while the applicant proposes to split the properties through the current driveways creating driveway widths ranging between 7.9 feet to 8.7 feet on each lot; and
WHEREAS, Section 3312.25, Maneuvering, requires parking spaces to have sufficient access and maneuvering area on the lot where the parking spaces are located, while the applicant proposes to allow maneuvering over property lines for the shared driveways that will result from the proposed lot splits; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variances will conform existing two-unit dwellings, and create lots that are comparable with lots in the immediate neighborhood. The site is located within the planning area of the Clintonville Neighborhood Plan (2009), which recommends two-unit residential development for this location. Approval of this request 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 35-57 SUNNYSIDE LANE (43214), in using said property as desired; 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; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1, Apartment residential district use; 3356.03, C-4 permitted uses; 3312.13(A), Driveway; and 3312.25, Maneuvering, of the Columbus City Codes, is hereby granted for the property located at 35-57 SUNNYSIDE LANE (43214), insofar as said sections prohibit two (2) two-unit dwellings, with a reduced driveway width ranging between 7.9 feet to 8.7 feet on each lot, and maneuvering over property lines; said property being more particularly described as follows:
35-57 SUNNYSIDE LANE (43214), being 1.11± acres located on the south side of Sunnyside Lane, 304± feet east of North High Street, and being more particularly described as follows:
DESCRIPTION OF PROPOSED LOT SPLITS LYING SOUTH OF SUNNYSIDE LANE AND EAST OF NORTH HIGH STREET:
TRACT 1
0.275 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Farm Lot 86, Quarter Township 3, Township 2, Range 18, United States Military Lands, and being part of Lot 10 of DECKER-JOHNSON SUBDIVISION of record in Plat Book 23, Page 34, as conveyed as Parcel Four to Barbara J. and Kenneth W. Peltier, of record in Instrument Numbers 200105170109115 and 200602090025861, records of the Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
Beginning at a 1 inch rebar found in the southerly right-of-way line of Sunnyside Lane (50 feet wide) and at the northerly common corner of said Lot 10 and the tract conveyed as Parcel X to Dorothea A. Hadler, Trustee, of record in Instrument Number 200709280170567;
Thence South 89º 51' 00" East, a distance of 63.34 feet, along the southerly right-of-way line of said Sunnyside Drive and the northerly line of said Lot 10, to an iron pin set;
Thence South 00º 09' 08" West, a distance of 189.54 feet, across said Lot 10, to an iron pin set in the line common to said Lot 10 and the 236.26 acre tract conveyed to The State of Ohio, of record in Deed Book 1238, Page 468;
Thence North 89º 54' 00" West, a distance of 62.83 feet, along the line common to said Lot 10 and 236.26 acre tract, to a 1 inch rebar found at the southerly common corner of said Lot 10 and Parcel X;
Thence North 00º 00' 00" East, a distance of 189.60 feet, along the line common to said Lot 10 and Parcel X, to the Point of Beginning, containing 0.275 acres, more or less, and being subject to all easements, restrictions and rights-of-way of record.
TRACT 2
0.279 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Farm Lot 86, Quarter Township 3, Township 2, Range 18, United States Military Lands, and being part of Lot 10 of DECKER-JOHNSON SUBDIVISION of record in Plat Book 23, Page 34, as conveyed as Parcel Four to Barbara J. and Kenneth W. Peltier, of record in Instrument Numbers 200105170109115 and 200602090025861, records of the Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
Beginning, for reference, at a 1 inch rebar found in the southerly right-of-way line of Sunnyside Lane (50 feet wide) and at the northerly common corner of said Lot 10 and the tract conveyed as Parcel X to Dorothea A. Hadler, Trustee, of record in Instrument Number 200709280170567;
Thence South 89º 51' 00" East, a distance of 63.34 feet, along the southerly right-of-way line of said Sunnyside Drive and the northerly line of said Lot 10, to an iron pin set at the Point of True Beginning;
Thence South 89º 51' 00" East, a distance of 63.94 feet, continuing along the southerly right-of-way line of said Sunnyside Drive and the northerly line of said Lot 10, to an iron pin set;
Thence South 00º 06' 16" West, a distance of 189.49 feet, across said Lot 10, to an iron pin set in the line common to said Lot 10 and the 236.26 acre tract conveyed to The State of Ohio, of record in Deed Book 1238, Page 468;
Thence North 89º 54' 00" West, a distance of 64.10 feet, along the line common to said Lot 10 and 236.26 acre tract, to an iron pin set;
Thence North 00º 09' 08" East, a distance of 189.54 feet, across said Lot 10, to the Point of True Beginning, containing 0.279 acres, more or less, and being subject to all easements, restrictions and rights-of-way of record.
TRACT 3
0.279 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Farm Lot 86, Quarter Township 3, Township 2, Range 18, United States Military Lands, and being part of Lot 10 of DECKER-JOHNSON SUBDIVISION of record in Plat Book 23, Page 34, as conveyed as Parcel Four to Barbara J. and Kenneth W. Peltier, of record in Instrument Numbers 200105170109115 and 200602090025861, records of the Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
Beginning, for reference, at a 1 inch rebar found in the southerly right-of-way line of Sunnyside Lane (50 feet wide) and at the northerly common corner of said Lot 10 and the tract conveyed as Parcel X to Dorothea A. Hadler, Trustee, of record in Instrument Number 200709280170567;
Thence South 89º 51' 00" East, a distance of 127.28 feet, along the southerly right-of-way line of said Sunnyside Drive and the northerly line of said Lot 10, to an iron pin set at the Point of True Beginning;
Thence South 89º 51' 00" East, a distance of 64.19 feet, continuing along the southerly right-of-way line of said Sunnyside Drive and the northerly line of said Lot 10, to an iron pin set;
Thence South 00º 06' 49" West, a distance of 189.43 feet, across said Lot 10, to an iron pin set in the line common to said Lot 10 and the 236.26 acre tract conveyed to The State of Ohio, of record in Deed Book 1238, Page 468;
Thence North 89º 54' 00" West, a distance of 64.16 feet, along the line common to said Lot 10 and 236.26 acre tract, to an iron pin set;
TRACT 4
0.276 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Farm Lot 86, Quarter Township 3, Township 2, Range 18, United States Military Lands, and being part of Lot 10 of DECKER-JOHNSON SUBDIVISION of record in Plat Book 23, Page 34, as conveyed as Parcel Four to Barbara J. and Kenneth W. Peltier, of record in Instrument Numbers 200105170109115 and 200602090025861, records of the Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
Beginning, for reference, at a 1 inch rebar found in the southerly right-of-way line of Sunnyside Lane (50 feet wide) and at the northerly common corner of said Lot 10 and the tract conveyed as Parcel X to Dorothea A. Hadler, Trustee, of record in Instrument Number 200709280170567;
Thence South 89º 51' 00" East, a distance of 191.47 feet, along the southerly right-of-way line of said Sunnyside Drive and the northerly line of said Lot 10, to an iron pin set at the Point of True Beginning;
Thence South 89º 51' 00" East, a distance of 63.25 feet, continuing along the southerly right-of-way line of said Sunnyside Drive and the northerly line of said Lot 10, to a 3/4 inch iron pin found at the northerly common corner of said Lot 10 and Lot 9 of said DECKER-JOHNSON SUBDIVISION;
Thence South 00º 00' 00" West, a distance of 189.38 feet, passing a 3/4 inch iron pin found at a distance of 119.31 feet, along the line common to said Lots 10 and 9, to a 3/4 inch iron pin found at the southerly common corner of said Lots 10 and 9 and in the northerly line of the 236.26 acre tract conveyed to The State of Ohio, of record in Deed Book 1238, Page 468;
Thence North 89º 54' 00" West, a distance of 63.63 feet, along the line common to said Lot 10 and 236.26 acre tract, to an iron pin set;
Thence North 00º 06' 49" East, a distance of 189.43 feet, across said Lot 10, to the Point of True Beginning, containing 0.276 acres, more or less, and being subject to all easements, restrictions and rights-of-way of record.
Thence North 00º 06' 16" East, a distance of 189.49 feet, across said Lot 10, to the Point of True Beginning, containing 0.279 acres, more or less, and being subject to all easements, restrictions and rights-of-way of record.
The bearings in the above descriptions are based on the bearing of South 89° 51' 00" East for the Southerly right-of-way line of Sunnyside Lane, of record in Plat Book 23, Page 34, Recorder's Office, Franklin County, Ohio.
All iron pins set are 3/4 inch iron pipes, 30 inches in length, with a red plastic cap stamped with the name "Landmark Survey".
The above descriptions are based on an actual field survey performed in September of 2011.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for four (2) two-unit dwellings.
SECTION 3. That this ordinance is further conditioned upon compliance with R-2F, Residential District standards for any additions to the existing structures, or the construction of any accessory structures.
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 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.
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