Explanation
Council Variance Application: CV17-080
APPLICANT: Ted Uritus; c/o Matt Koppitch, Atty.; Bricker & Eckler, LLP; 100 South Third Street; Columbus, OH 43215.
PROPOSED USE: A carriage house on a lot developed with a three-unit dwelling.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned in the ARLD, Apartment Residential District, and developed with a three-unit dwelling. The requested Council variance will permit the addition of a carriage house dwelling, while bringing the non-conforming parcel and three-unit dwelling into compliance. The variance is necessary because the ARLD, Apartment Residential District prohibits one three-unit dwelling and one single-unit dwelling on the same lot. Variances for reduced parking space width, lot width, lot area, fronting, building setback, side yards, and rear yard are included in the request. Staff supports the proposal because the request will not add incompatible uses to the area as there are other carriage houses within this neighborhood. The request is consistent with the recent development pattern in historic urban neighborhoods, and building design will conform to the Victorian Village Commission requirements.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3312.29, Parking space; 3333.09, Area requirements; 3333.11, ARLD area district requirements; 3333.16, Fronting; 3333.18(D), Building lines; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; and 3333.24, Rear yard, of the Columbus City Codes; for the property located at 82 PRICE AVENUE (43201), to permit a single-unit dwelling (a carriage house) on the rear of a lot developed with a three-unit dwelling with reduced development standards in the ARLD, Apartment Residential District (Council Variance # CV17-080).
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WHEREAS, by application #CV17-080, the owner of the property at 82 PRICE AVENUE (43201) (43215), is requesting a Variance to permit a single-unit dwelling (a carriage house) on the rear of a lot developed with a three-unit dwelling with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, requires a separate lot for each principal use, while the applicant proposes to build a single-unit dwelling above a detached garage (carriage house) on the rear of a lot developed with a three-unit dwelling; and
WHEREAS, Section 3312.29, Parking space, requires a parking space to be a rectangular area not less than 9 by 18 feet, while the applicant proposes a reduced width of 8.3 feet for the 4 required parking spaces; and
WHEREAS, Section 3333.09, Area requirements, requires that no building shall be erected or altered on a lot with a width of less than 50 feet, while the applicant proposes to maintain the existing lot width of 36.2 feet; and
WHEREAS, Section 3333.11, ARLD area district requirements, requires 2,500 square feet per dwelling unit on interior lots, while the applicant proposes a total of 4 dwelling units resulting in 1,359 square feet per dwelling unit on the lot; and
WHEREAS, Section 3333.16, Fronting, requires each dwelling unit to have frontage on a public street, while the applicant proposes a carriage house fronting on a rear public alley; and
WHEREAS, Section 3333.18(D), Building lines, requires a building line of no less than 10 feet along Price Avenue, while the applicant proposes to maintain a reduced building line of 5.9 feet; and
WHEREAS, Section 3333.22, Maximum side yard required, requires that the sum of the widths of each side yard shall equal or exceed 20 percent of the width of the lot, provided that no more than 16 feet need be so devoted, while the applicant proposes to maintain a total side yard reduced from 7.25 to 6.2 feet for the existing three-unit dwelling; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a side yard of no less than 5 feet, while the applicant proposes to maintain 4.1 and 2.1 feet side yards along the eastern and western property lines respectively for the existing three-unit dwelling, and proposes reduced minimum side yards of 4.3 and 3 feet along the eastern and western property lines respectively for the rear carriage house dwelling; and
WHEREAS, Section 3333.24, Rear yard, requires that each dwelling, apartment house, or other principal building shall be erected so as to provide a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a rear yard of 0 percent for the proposed carriage house; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested variances because the proposal will not add incompatible uses to the area as there are other carriage houses within this neighborhood. The request is consistent with the recent development pattern in historic urban neighborhoods, and building design will conform to the Victorian Village Commission requirements; 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 82 PRICE AVENUE (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 is hereby granted from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3312.29, Parking space; 3333.09, Area requirements; 33333.11, ARLD area district requirements; 3333.16, Fronting; 3333.18(D), Building lines; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; and 3332.27, Rear yard of the Columbus City Codes, is hereby granted for the property located at 82 PRICE AVENUE (43201), insofar as said sections prohibit one single-unit and one three-unit dwelling on the same lot in the ARLD, Apartment Residential District; with reduced width from 9 to 8.3 feet for four required parking spaces; a reduced lot width of 36.2 feet; a reduced lot area requirement from 2,500 square feet per dwelling unit to 1,359 square feet; no frontage on a public street for the rear carriage house dwelling; a reduced building line of 5.9 feet from Price Avenue; reduced maximum side yard from 7.25 to 6.2 feet for the existing three-unit dwelling; reduced minimum side yards from 5 feet to 4.1 and 2.1 feet along the eastern and western property lines respectively for the existing three-unit dwelling, and to 4.3 and 3 feet along the eastern and western property lines respectively for the rear carriage house dwelling; and a reduced rear yard from 25 percent to 0 percent for the rear carriage dwelling; said property being more particularly described as follows:
82 PRICE AVENUE (43201), being 0.12± acres located on the north side of Price Avenue, 590± feet west of North High Street, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio and the City of Columbus:
Being Lot Number Two (2) in DAVID PRICE'S SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 229, Recorder's Office, Franklin County, Ohio.
Parcel No: 010-004277
Known as address: 82 Price Avenue, Columbus, OH 43201
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a primary dwelling unit containing up to three units and a rear single-unit carriage house, or those uses permitted in the ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the site plan drawing titled, "CARRIAGE HOUSE 82 PRICE AVENUE (REAR)," dated February 16, 2018, drawn by Shremshock Architects, Inc., and signed by Matt Koppitch, Attorney for the Applicant. The plans 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 adjustment to the plan shall be reviewed and may be approved by the Director of the Department of 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 use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.