Explanation
Council Variance Application: CV19-099
APPLICANT: Kathy A. Consoliver; c/o Fred Hutchinson, Architect; 1166 Bryden Road; Columbus, OH 43205.
PROPOSED USE: Two single-unit dwellings on one lot.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a single-unit dwelling and a detached garage that received a variance for increased height (BZA16-009) in the R-3, Residential District. The requested Council variance will allow the existing storage area above the garage to be converted into a single-unit dwelling or home office. The variance is necessary because the R-3 district permits only one single-unit dwelling per lot. Variances for reduced parking (from 4 spaces to 2), lot width and area, fronting, reduced side and rear yards, and home occupation are included in the request.The site is within the planning area of the Near East Area Plan (2005), which does not contain a land use recommendation for this location, but recommends that new housing be consistent with the housing types, density, and development pattern of the neighborhood. City staff supports the requested variance as the proposal is consistent with the housing types and density in the surrounding neighborhood, and is reflective of the recent infill development pattern in urban neighborhoods.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, residential district; 3312.49(C), Minimum numbers of parking spaces required; 3332.05 Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.19, Fronting; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; and 3332.037(A)(D), Home occupation, of the Columbus City Codes; for the property located at 880 FRANKLIN AVE. (43205), to permit two single-unit dwellings on one lot with reduced development standards in the R-3, Residential District (Council Variance #CV19-099).
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WHEREAS, by application #CV19-099, the owner of the property at 880 FRANKLIN AVE. (43205), is requesting a Variance to permit two single-unit dwellings on one lot with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, residential district, lists single-unit dwellings as the only permitted residential use, while the applicant proposes two single-unit dwellings on one lot; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires two parking spaces per dwelling unit, or four spaces for two dwelling units, while the applicant proposes a total of two parking spaces; and
WHEREAS, Section 3332.05 Area district lot width requirements, requires a lot width of no less than 50 feet, while the applicant proposes to maintain the existing lot width of 40.81 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 two single-unit dwellings on a lot that contains 4,996± feet pursuant to the lot area calculation in Section 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 fronting on a rear public alley; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of five feet, while the applicant proposes to conform the existing side yard of approximately 3.75 feet on the west side of the existing garage that is to be converted into a carriage house; and
WHEREAS, Section 3332.27, Rear yard, requires that each dwelling, residence, 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 no rear yard for the carriage house; and
WHEREAS, Section 3332.037(A), Home occupation, requires that any home occupation use shall be confined to the principal residence of the individual so engaged, while the applicant proposes to use the proposed carriage house dwelling for home occupation; and
WHEREAS, Section 3332.037(D), Home occupation, does not allow use of more than 20 percent of the livable area of any residence for a home occupation, while the applicant proposes to use 100 percent (712.5 square feet) of the proposed carriage house dwelling for home occupation; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the request is consistent with the housing types and density in the surrounding neighborhood as recommended by the Near East Area Plan, and is reflective of the recent infill development pattern in urban neighborhoods; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 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 880 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 is hereby granted from the provisions of Sections 3332.035, R-3, residential district; 3312.49(C), Minimum numbers of parking spaces required; 3332.05 Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.19, Fronting; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; and 3332.037(A)(D), Home occupation, of the Columbus City Codes; for the property located at 880 FRANKLIN AVE. (43205), insofar as said sections prohibit two single-unit dwellings on one lot in the R-3, Residential District; with a parking space reduction from 4 spaces to 2 spaces; reduced lot width from 50 feet to 40.81 feet; reduced lot area from 5,000 square feet to 4,996 square feet; no frontage on a public street for the carriage house; reduced minimum side yard from 5 feet to 3.75 feet on the west side of the carriage house dwelling; no rear yard for the carriage house; and a home occupation that occurs outside of the principal residence with an increase in allowable percentage of space occupied from 20 percent to 100 percent of the carriage house square footage; said property being more particularly described as follows:
880 FRANKLIN AVE. (43205), being 0.20± acres located at the northeast corner of Franklin Avenue and S. 18th Street, and being more particularly described as follows:
Located in the County of Franklin, City of Columbus, State of Ohio, and described as follows:
Being Lot Number Forty (40), in Deshler and Sink’s Subdivision in the City of Columbus, Ohio, as the same numbered and delineated upon the recorded plat of said Subdivision. Of record in Plat Book No. 3, Page 423, Recorder’s Office, Franklin County, Ohio.
Parcel No. 010-033575
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two single-unit dwellings on one lot, which may also include a home occupation for the principal residence occurring in the carriage house, 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 the site plan and renderings titled, "CONSOLIVER RESIDENCE CARRIAGE HOUSE," dated March 17, 2020, and signed by Fred Hutchinson, Architect. 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 carriage house.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.