Explanation
Council Variance Application: CV24-024
APPLICANT: Jianshen Cai; 4698 Trabue Road; Columbus, OH 43228.
PROPOSED USE: Two-unit dwelling and single-unit dwelling on one lot.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a two-unit dwelling within the R-3, Residential District. The applicant proposes a new single-unit dwelling over a detached garage (carriage house), which will also contain separate habitable space. A Council variance is required because the R-3 district does not permit a two-unit dwelling and a single-unit dwelling on the same lot. Variances to allow side yard obstruction and to reduce parking, lot width, lot area, fronting, and rear yard requirements are included in this request. The site is located within the planning boundaries of the Near East Area Plan (2005), which does not include a specific land use recommendation at this location, but does state that new residential development should be consistent with adjacent housing types and densities. Staff supports the requested use and design standards as they are consistent with the Plan’s recommendation for new housing construction, and support the revised parking reduction due to the availability of on street parking, access to transit connections, and permeable paving materials used for two additional parking spaces.
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; 3332.19, Fronting; 3332.26(F), Minimum side yard permitted; 3332.27, Rear yard; and 3332.28; Side or rear yard obstruction, of the Columbus City Codes; for the property located at 1588-1590 FRANKLIN AVE. (43205), to allow a two-unit dwelling and single-unit dwelling on one lot with reduced development standards in the R-3, Residential District (Council Variance #CV24-024).
Body
WHEREAS, by application #CV24-024, the owner of property at 1588-1590 FRANKLIN AVE. (43205), is requesting a Council variance to allow a two-unit dwelling and single-unit dwelling on one lot with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, allows one single-unit dwelling per lot, while the applicant proposes a single-unit dwelling above a detached garage (carriage house) on a lot developed with a two-unit dwelling; and
WHEREAS, Section 3312.49, Parking required, requires two parking spaces per dwelling unit, or six required parking spaces, while the applicant proposes a total of four parking spaces; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of fifty feet in the R-3, Residential District, while the applicant proposes to maintain a reduced lot width of 31± 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 two-unit dwelling and a single-unit dwelling on a reduced lot area of 3,058± square feet in area, pursuant to lot area calculation in 3332.18(C); and
WHEREAS, Section 3332.19, Fronting, requires a dwelling unit to have frontage on a public street, while the applicant proposes a carriage house to front on a public alley; and
WHEREAS, Section 3332.26(F), Minimum side yard permitted, requires a minimum side yard of 1/6 the height of the proposed building, or 5.5 feet, while the applicant proposes to reduce the minimum side yard to 3.3 feet along the eastern property line; and
WHEREAS, Section 3332.27, Rear yard, requires that each dwelling, residence, or 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 no rear yard for the rear carriage house dwelling; and
WHEREAS, Section 3332.28, Side or rear yard obstruction, requires the area in the side or rear yard to be open from the finished grade to the sky, while the applicant proposes two parking spaces along the western side yard, as shown on the site plan; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because this request is consistent with the existing housing types and densities in the neighborhood; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed carriage house; 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 1588-1590 FRANKLIN AVE. (43205) 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 3332.035, R-3, residential district; 3312.49, Parking required; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.19, Fronting; 3332.26(F), Minimum side yard permitted; 3332.27, Rear yard; and 3332.28; Side or rear yard obstruction, of the Columbus City Codes; for the property located at 1588-1590 FRANKLIN AVE. (43205), insofar as said sections prohibit a two-unit dwelling and single-unit dwelling on one lot in the R-3, Residential District; with a reduction in the required parking from 6 to 4 spaces; reduced lot width from 50 to 31 feet; reduced lot area from 5,000 to 3,058 square feet; no frontage on a public street for the proposed carriage house; no rear yard for the carriage house; reduced minimum side yards from 5.5 to 3.3 feet along the eastern property line; no rear yard for the proposed carriage house; and an obstruction of two parking spaces along the western side yard; said property being more particularly described as follows:
1588-1590 FRANKLIN AVE. (43205), being 0.11± acres located on the north side of Franklin Avenue, 245± feet east of Kelton Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being Lot Number Seven (7) of MARY DODGE’S SUBDIVISION and the west part of Lot Number Twelve (12), of THOMAS MILLER’S HEIRS SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 381, Recorder’s Office, Franklin County, Ohio.
Parcel No.: 010-008000
Property Address: 1588-1590 Franklin Avenue, Columbus, Ohio 43205
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two dwellings on one lot for no more than three total dwelling units, 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 both the site plan and elevation plans titled, "SITE PLAN," and "ELEVATION PLANS," dated July 9, 2024, and signed by Jianshen Cai, 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 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 upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed carriage house.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.