Explanation
Council Variance Application: CV24-117
APPLICANT: Pink Development and Construction LLC; P.O. Box 12128; Miami, FL 33101.
PROPOSED USE: Three-unit dwelling.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning request to the R-4, Residential District (Ordinance #0486-2025; Z24-049). The requested Council variance proposes a three unit dwelling with reduced lot width, lot area, side yards, and required parking from six to three spaces. Staff supports the request as the submitted site plan and building elevations are consistent with the Near East Area Plan’s (2005) design guidelines, and are reflective of the development pattern in the neighborhood.
Title
To grant a Variance from the provisions of Sections 3312.49(C), Required parking; 3332.05(A), Area district lot width requirements; 3332.15, R-4 area district requirements; and 3332.26(F), Minimum side yard permitted, of the Columbus City Codes; for the property located at 1378 MT. VERNON AVE. (43203), to allow reduced development standards for a three-unit dwelling in the R-4, Residential District (Council Variance #CV24-117).
Body
WHEREAS, by application #CV24-117, the owner of property at 1378 MT. VERNON AVE. (43203), is requesting a Council variance to allow reduced development standards for a three-unit dwelling in the R-4, Residential District; and
WHEREAS, Section 3312.49(C), Required parking, requires two parking spaces for each dwelling, for a total of six parking spaces, while the applicant proposes three total parking spaces; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet, while the applicant proposes to maintain the existing lot width of 31 feet; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires that a dwelling containing three or four dwelling units shall be situated on a lot with an area which equals or exceeds 2,500 square feet per dwelling unit if an interior lot, which totals 7,500 square feet for this proposed three-unit dwelling, while the applicant proposes 961 square feet per dwelling on a lot size of 2,883 square feet, pursuant to the lot area calculation in Section 3332.18(C), noting the actual lot size is 3,800± square feet; and
WHEREAS, Section 3332.26(F), Minimum side yard permitted, requires a side yard of no less than one-sixth of the height of the building for buildings over two and one-half stories in height, or 5.79 feet for a building with a height of 34.75 feet, while the applicant proposes reduced minimum side yards of 3.5 feet along the western and eastern property lines; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval as the requested site plan and building elevations are consistent with the Near East Area Plan’s design guidelines, and does not introduce and incompatible use to the neighborhood; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed three-unit dwelling; 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 1378 MT. VERNON AVE. (43203), 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 3312.49(C), Required parking; 3332.05(A), Area district lot width requirements; 3332.15, R-4 area district requirements; and 3332.26(F), Minimum side yard permitted, of the Columbus City Codes; is hereby granted for the property located at 1378 MT. VERNON AVE. (43203), insofar as said sections prohibit a parking space reduction from six to three spaces; a reduced lot width from 50 to 31 feet; a reduced lot area from 2,500 square feet to 961 square feet per dwelling unit; and reduced minimum side yards from 5.79 feet to 3.5 feet along the eastern and western property lines; said property being more particularly described as follows:
1378 MT. VERNON AVE. (43203), being 0.09± acres located on the north side of Mt. Vernon Avenue, 310± feet west of Graham Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus, which is more fully described as follows:
Being Lot Number Thirteen (13) of Hildreth and Chittenden's Summit Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 344, Recorder's Office, Franklin County, Ohio.
Address: 1378 Mt. Vernon Avenue, Columbus, OH 43203.
Parcel Number: 010-034776
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses permitted in the R-4, Residential District, specified by Ordinance #0486-2025; Z24-049.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan and elevations titled, “ENLARGED SITE PLAN SHEET A-1.1,” and “ELEVATIONS SHEET A-4.0” all dated January 31, 2025, and signed by Robert Ellis, 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 on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed three-unit dwelling.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.