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File #: 1407-2008    Version: 1
Type: Ordinance Status: Passed
File created: 8/27/2008 In control: Zoning Committee
On agenda: 9/15/2008 Final action: 9/25/2008
Title: To grant a Variance from the provisions of Sections 3332.033, R-3, Residential district; 3332.18(D), Basis of computing area; 3332.21, Building lines; 3332.27, Rear yard; 3332.38(F), Private garage; 3342.28(A)(5), Minimum number of parking spaces required, for the property located at 105-111 LATTA AVENUE (43205), to conform an existing apartment house in the R-3, Residential District. (Council Variance # CV08-009)
Attachments: 1. ORD # 1407-2008 Attachments.pdf, 2. ORD # 1407-2008 Mailing Labels.pdf, 3. ORD # 1407-2008 Data Form.pdf
Explanation
 
Council Variance Application:  CV08-009
 
APPLICANT:  Chad Davis; 7455 Farmington Close; New Albany, Ohio 43054.
 
PROPOSED USE:   Conform an existing apartment house.
 
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.  
                                                                                  
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  This is a request to conform an existing apartment building in the R-3, Residential District and to construct a garage with five parking spaces.  There are currently no parking spaces provided on the site.  The R-3 district permits single-family residences, but not multi-family buildings.  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 3332.033, R-3, Residential district; 3332.18(D), Basis of computing area; 3332.21, Building lines; 3332.27, Rear yard;  3332.38(F), Private garage; 3342.28(A)(5), Minimum number of parking spaces required, for the property located at 105-111 LATTA AVENUE (43205), to conform an existing apartment house in the R-3, Residential District.  (Council Variance  # CV08-009)
 
 
Body
 
WHEREAS, by application No. CV08-009, the owner of property at 105-111 LATTA AVENUE (43205),   is requesting a Council Variance to permit an existing apartment house in the R-3, Residential District; and
 
WHEREAS, Section 3332.033, R-3, Residential District, prohibits apartment houses, while the applicant proposes to conform an existing apartment house; and  
 
WHEREAS, Section 3332.18(D), Basis of computing area, prohibits buildings occupying greater than 50% of the lot area, while the applicant proposes that the existing building and proposed garage shall occupy 52% of the lot area; and  
 
WHEREAS, Section 3332.21, Building lines, requires a building line of 13 feet along Latta and Fair Avenues, while the applicant proposes to maintain the existing building line along Fair Avenue of  0.3 feet and have a building line along Latta Avenue of 9.3 feet; and  
 
WHEREAS, Section 3332.27, Rear yard, requires rear yard totaling no less than 25% of the total lot area, while the applicant proposes to provide a rear yard for the existing building of 10%; and  
 
WHEREAS, Section 3332.38(F), Private garage, prohibits a private garage which exceeds 720 square feet, while the applicant proposes to construct a private garage, providing five (5) new parking spaces for the six (6) dwelling units, of 1,276 square feet; and
 
WHEREAS, Section 3342.28(A)(5), Minimum number of parking spaces required, requires two (2) parking spaces  for each dwelling unit for a total of 12 required parking spaces, while the applicant proposes to provide five (5) new parking spaces; and
 
WHEREAS, the Near East Area Commission recommends approval; and
 
WHEREAS, City Departments recommend approval because 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 105-111 LATTA AVENUE (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 3332.033, R-3, Residential district; 3332.18(D), Basis of computing area; 3332.21, Building lines; 3332.27, Rear yard;  3332.38(F), Private garage; 3342.28(A)(5), Minimum number of parking spaces required for the property located at 105-111 LATTA AVENUE (43205), insofar as said sections prohibit a six (6) unit apartment house with 52% lot coverage, a building line of 0.3 feet along Fair Avenue and 9.3 feet along Latta Avenue, a 1,276 square foot garage, rear yard totaling 10% of the lot area, and a reduction in required parking spaces from 12 to five (5) parking spaces; said property being more particularly described as follows:
 
105-111 LATTA AVENUE (43205), being 0.24± acres located at the northwest corner of Latta and Fair Avenues, and being more particularly described as follows:
 
105-121 Latta Avenue
John M Pugh's Add Lots 72 & 73
 
SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an apartment house, or those uses permitted in the R-3, Residential District.
 
SECTION 3.  That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
 
SECTION 4.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.