Explanation
Council Variance Application: CV21-101
APPLICANT: Juliet Bullock; 1182 Wyandotte Road; Columbus, OH 43212.
PROPOSED USE: Residential development.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is subject to Ordinance #2595-2017 (CV17-023) which permitted four single-unit dwellings each on its own parcel with reduced development standards. This Council variance will permit the two constructed dwellings on Lots C and D to remain, carrying the previously approved variances forward, and permits Lots A and B to be combined into a new Lot A and developed with a two-unit dwelling, as demonstrated on a revised site plan. Variances to permit a two-unit dwelling in the R-3, Residential District, maneuvering, lot width, area district requirements, building lines, side yards, and side yard obstruction are included in the request. The University District Plan (2015), recommends “Lower Intensity Residential” and “Neighborhood Mixed Use” land uses at this location. Staff is supportive of these variances as the project is reflective of recent residential infill developments, and is compatible with the previously approved variances at this location and the established development pattern in this urban neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3312.25, Maneuvering; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.21(F), Building lines; 3332.26(B)(1)(E), Minimum side yard permitted; and 3332.28, Side or rear yard obstruction, of the Columbus City Codes, for the property located at 1200 HAMLET ST. (43201), to permit two single-unit dwellings and a two-unit dwelling with reduced development standards in the R-3, Residential District, and to repeal Ordinance #2595-2017, passed October 19, 2017 (Council Variance #CV21-101).
Body
WHEREAS, by application #CV21-101, the owner of property at 1200 HAMLET ST. (43201), is requesting a Council variance to permit two single-unit dwellings and a two-unit dwelling with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, does not permit two-unit dwellings, while the applicant proposes a two-unit dwelling on Lot A; and
WHEREAS, Section 3312.25, Maneuvering, requires parking spaces to have sufficient access and maneuvering area on the lot where the parking spaces are located, while the applicant proposes to allow maneuvering for parking spaces on Lots C and D to occur on Lots A and C; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a lot no less than 50 feet wide, while the applicant proposes reduced lot widths of 48 feet for Lot A and 24 feet for Lots C and D; 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 single-unit dwellings on Lots C and D that contain 1,728 square feet pursuant to the lot area calculation in Section 3332.18(C), and a two-unit dwelling on Lot A that contains 4,603 square feet; and
WHEREAS, Section 3332.21(F), Building line, requires a building line of no less than 10 feet, while the applicant proposes building lines of 9.67 feet for Lot A, and 7.72 feet for Lots C and D along Hamlet Street; and
WHEREAS, Section 3332.26(B)(1)(E), Minimum side yard permitted, requires a minimum side yard of five feet, and a minimum side yard of three feet for a detached garage, while the applicant proposes a reduced northern side yard of 3.5 feet on Lot A, and a reduced northern side yard for the detached garage on Lot D to 1 foot; 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 a parking space in the required southern side yard of the proposed two-unit dwelling on Lot A; and
WHEREAS, the University Area Commission recommends approval, and
WHEREAS, City Departments recommend approval of the requested variances as the project is reflective of recent residential infill developments, and is consistent with the previously approved variances at this location and the established development pattern in this urban neighborhood; and
WHEREAS, this ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed two-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 1200 HAMLET ST. (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 from the provisions of Sections 3332.035, R-3 residential district; 3312.25, Maneuvering; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.21(F), Building lines; 3332.26(B)(1)(E), Minimum side yard permitted; and 3332.28, Side or rear yard obstruction, of the Columbus City Codes, is hereby granted for the property located at 1200 HAMLET ST. (43201), insofar as said sections prohibit a two-unit dwelling in the R-3, Residential District; with maneuvering for parking spaces on Lots C and D to occur on Lots A and C; reduced lot width from 50 to 48 feet for Lot A and to 24 feet for Lots C and D; reduced lot area from 5,000 square feet to 4,603 square feet for Lot A and to 1,728 square feet for Lots C and D; reduced building setback line along Hamlet Street from 10 feet to 9.67 feet for Lot A and to 7.72 feet for Lots C and D; reduced side yard from 5 feet to 3.5 feet for the northern side yard of Lot A; reduced side yard from 3 feet to 1 foot for a detached garage along the northern side yard of Lot D; and an obstruction of the required southern side yard of the two-unit dwelling on Lot A for a parking space, said property being more particularly described as follows, said property being more particularly described as follows:
1200 HAMLET ST. (43201), being 0.21± acres located on the east side of Hamlet Street, 93± feet north of East 5th Avenue, and being more particularly described as follows:
LOT D:
TRACT 1: PARCEL 010-2980004
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, LYING IN SECTION 4, TOWNSHIP 1, RANGE 18. UNITED STATES MILITARY LANDS, AND BEING A PART OF PARCEL 53 OF RIDDLES PARCEL SUBDIVISION, AS SHOWN AND DELINEATED IN DEED BOOK 465, PAGE 9 AND THE SAME BEING CONVEYED TO URBAN RESTORATIONS, LLC (PARCEL ONE), BY DEED OF RECORD IN INSTRUMENT NUMBER 201604140045694, RECORDS OF THE RECORDERS OFFICE, FRANKLIN COUNTY, OHIO AND BEING BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING, AT A 3/4 INCH IRON PIN FOUND, AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 53, THE NORTHWESTER CORNER OF PARCEL 50 OF SAID RIDDLES PARCEL SUBDIVISION, ON THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO THE CITY OF COLUMBUS, BY DEED OF RECORD IN DEED BOOK 1012, PAGE 395 AND THE EASTERLY LINE OF HAMLET STREET (NOW 35 FEET WIDE. D.B. 465, PG 9)
THENCE NORTH 03 1719 EAST, A DISTANCE OF 24.02 FEET, ALONG THE FINE COMMON TO SAID PARCEL 53 AND SAID HAMLET STREET- TO A REBAR SET
THENCE SOUTH 863740 EAST, A DISTANCE OF 95.80 FEET, ACROSS SAID PARCEL 53, TO A REBAR SET, ON THE EASTERLY LINE OF SAID PARCEL 53 AND ON THE WESTERLY LINE OF A TRACT OF LAND CONVEYED TO THOMAS E. ZIPF (PARCEL 1), BY DEED OF RECORD IN OFFICIAL RECORD 27867J18
THENCE SOUTH 032040 WEST, A DISTANCE OF 24.02 FEET, ALONG THE LINE COMMON TO SAID PARCEL 53 AND SAID ZIPF TRACT, TO A P.K. NAIL FOUND, AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 53 AND THE NORTHEASTERLY CORNER OF PARCEL 52 OF SAID RIDDLES PARCEL SUBDIVISION
THENCE NORTH 860374(T WEST, A DISTANCE OF 95.78 FEET, ALONG THE LINE COMMON TO SAID PARCEL 53. SAID PARCEL 52, PARCEL 51 OF SAID RIDDLES PARCEL SUBDIVISION AND SAID PARCEL 50, TO THE POINT OF BEGINNING, CONTAINING 0.053 ACRES AND BEING SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHTS-OF.WAY OF RECORD.
THE BEARINGS IN THE ABOVE DESCRIPTION ARE BASED ON THE BEARING OF NORTH 031719 EAST FOR THE EASTERLY LINE OF HAMLET STREET, BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 83 DATUM (2011). TAKEN FROM GPS OBSERVATION. ALL REBAR SET ARE 5/8 INCH D1A. 30 INCHES IN LENGTH, WITH A RED PLASTIC CAP STAMPED WITH THE NAME LANDMARK SURVEY. THE ABOVE DESCRIPTION IS BASED ON AN ACTUAL FIELD SURVEY PERFORMED IN OCTOBER OF 2017.
LOT C:
TRACT 2: PARCEL 010-298005
AND EAST OF HAMLET STREET SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, LYING IN SECTION 4, TOWNSHIP 1, RANGE 18, UNITED STATES MILITARY LANDS, AND BEING A PART OF PARCEL 53 OF RIDDLES PARCEL SUBDIVISION, AS SHOWN AND DELINEATED IN DEED BOOK 465, PAGE 9 AND THE SAME BEING CONVEYED TO URBAN RESTORATIONS, LLC (PARCEL ONE), BY DEED OF RECORD IN INSTRUMENT NUMBER 201604140045694- RECORDS OF THE RECORDERS OFFICE. FRANKLIN COUNTY. OHIO AND BEING BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING FOR REFERENCE, AT A 3/4 INCH IRON PIN FOUND, AT THE SOUTHWESTERLY COMER OF SAID PARCEL 53, THE NORTHWESTERLY COMER OF PARCEL 50 OF SAID RIDDLES PARCEL SUBDIVISION, ON THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO THE CITY OF COLUMBUS, BY DEED OF RECORD IN DEED BOOK 1012, PAGE 395 AND THE EASTERLY LINE OF HAMLET STREET (NOW 35 FEET WIDE, D.B. 465, PG. 9)
THENCE NORTH 03 1719 EAST A DISTANCE OF 24.02 FEET, ALONG THE LINE COMMON TO SAID PARCEL 53 AND SAID HAMLET STREET, TO A REBAR SET AT THE POINT OF TRUE BEGINNING
THENCE NORTH 031719 EAST, A DISTANCE OF 24.02 FEET, ALONG THE LINE COMMON TO SAID PARCEL 53 AND SAID HAMLET STREET, TO A REBAR SET
THENCE SOUTH 863740 EAST, A DISTANCE OF 95.83 FEET, ACROSS SAID PARCEL 53, TO A REBAR SET, ON THE EASTERLY LINE OF SAID PARCEL 53 AND ON THE WESTERLY LINE OF A TRACT OF LAND CONVEYED TO THOMAS E. ZIPF (PARCEL I), BY DEED OF RECORD IN OFFICIAL RECORD 27867J18
THENCE SOUTH 032040 WEST, A DISTANCE OF 24-02 FEET, ALONG THE LINE COMMON TO SAID PARCEL 53 AND SAID ZIPF TRACT, TO A REBAR SEC
THENCE NORTH 863740 WEST, A DISTANCE OF 95.80 FEET, ACROSS SAID PARCEL 53, TO THE POINT OF BEGINNING. CONTAINING 0.053 ACRES AND BEING SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
THE BEARINGS IN THE ABOVE DESCRIPTION ARE BASED ON THE BEARING OF NORTH 03C1719 EAST FOR THE EASTERLY LINE OF HAMLET STREET, BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE. NAD 83 DATUM (2011) TAKEN FROM GPS OBSERVATION. ALL REBAR SET ARE 5/8 INCH DIA- 30 INCHES IN LENGTH, WITH A RED PLASTIC CAP STAMPED WITH THE NAME LANDMARK SURVEY. THE ABOVE DESCRIPTION IS BASED ON AN ACTUAL FIELD SURVEY PERFORMED IN OCTOBER OF 2017.
LOT A (TRACTS 3 & 4):
TRACT 3: PARCEL 010-298006
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, LYING IN SECTION 4, TOWNSHIP I, RANGE 18, UNITED STATES MILITARY LANDS, AND BEING A PART OF PARCEL 53, PARCEL 54 AND A 10 FEET WIDE PRIVATE ALLEY OF RIDDLES PARCEL SUBDIVISION, AS SHOWN AND DELINEATED IN DEED BOOK 465, PAGE 9, AND THE SAME BEING CONVEYED TO URBAN RESTORATIONS, LLC (PARCEL ONE, PARCEL TWO AND PARCEL THREE), BY DEED OF RECORD IN INSTRUMENT NUMBER 201604140045694, RECORDS OF THE RECORDERS OFFICE, FRANKLIN COUNTY. OHIO AND BEING BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING FOR REFERENCE, AT A REBAR SET, AT THE NORTHWESTERLY COMER OF SAID PARCEL 54, THE SOUTHWESTERLY COMER OF PARCEL 55 OF SAID RIDDLES PARCEL SUBDIVISION, ON THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO THE CITY OF COLUMBUS, BY DEED OF RECORD IN DEED BOOK 1012, PAGE 395 AND THE EASTERLY LINE OF HAMLET STREET (35 FEET WIDE. D.B.465,PG. 9)
THENCE SOUTH 03 1719 WEST, A DISTANCE OF 24.03 FEET, ALONG THE LINE COMMON TO SAID PARCEL 54 AND SAID HAMLET STREET, TO A REBAR SET AT THE POINT OF TRUE BEGINNING
THENCE SOUTH 863740 EAST, A DISTANCE OF 95.85 FEET, ACROSS SAID PARCEL 54, TO A REBAR SET, ON THE EASTERLY LINE OF SAID PARCEL 54 AND ON THE WESTERLY LINE OF A 16 FEET WIDE ALLEY (D-B. 465, PG. 9)
THENCE SOUTH 032040* WEST, A DISTANCE OF 24.02 FEET, ALONG THE LINE COMMON TO SAID PARCEL 54 , SAID PARCEL 53, SAID 16 FEET WIDE ALLEY, THE EASTERLY LINE OF SAID 10 FEET WIDE PRIVATE ALLEY AND THE WESTERLY LINE OF ATRACT OF LAND CONVEYED TO THOMAS E. ZIPF, BY DEED OF RECORD IN OFFICIAL RECORD 27867J18, TO A REBAR SET
THENCE NORTH 86A3740 WEST, A DISTANCE OF 95.83 FEET, ACROSS SAID PARCEL 53, TO A REBAR SET, ON THE LINE COMMON TO SAID PARCEL 53, SAID CITY OF COLUMBUS TRACT AND SAID HAMLET STREET
THENCE NORTH 0301719 EAST, A DISTANCE OF 24.02 FEET, ALONG THE LINE COMMON TO SAID PARCEL 53, SAID PARCEL 54, SAID CITY OF COLUMBUS TRACT AND SAID HAMLET STREET AND WESTERLY LINE OF SAID 10 FEET WIDE PRIVATE ALLEY, TO THE POINT OF TRUE BEGINNING, CONTAINING 0.053 ACRES AND BEING SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
THE BEARINGS IN THE ABOVE DESCRIPTION ARE BASED ON THE BEARING OF NORTH 031719 EAST FOR THE EASTERLY TINE OF HAMLET STREET, BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 83 DATUM (2011), TAKEN FROM GPS OBSERVATION- AH REBAR SET ARE 5/8 INCH D1A. 30 INCHES IN LENGTH, WITH A RED PLASTIC CAP STAMPED WITH THE NAME LANDMARK SURVEY. THE ABOVE DESCRIPTION. IS. BASED ON AN ACTUAL FIELD SURVEY PERFORMED IN OCTOBER OF 2017.
TRACT 4: PARCEL 010-037308
SITUATED IN THE SLATE OF OHIO. COUNTY OF FRANKLIN, CITY OF COLUMBUS, LYING IN SECTION 4, TOWNSHIP I, RANGE 18 UNITED STATES MILITARY LANDS, AND BEING A PART OF PARCEL 54 OF RIDDLES PARCEL SUBDIVISION, AS SHOWN AND DELINEATED IN DEED BOOK 465, PAGE 9 AND THE SAME BEING CONVEYED TO URBAN RESTORATIONS, LLC (PARCEL TWO), BY DEED OF RECORD IN INSTRUMENT NUMBER 201604140045694, RECORDS OF THE RECORDERS OFFICE, FRANKLIN COUNTY. OHIO AND BEING BOUNDED AND MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING, AT A REBAR SET, AT THE NORTHWESTERLY CORNER OF SAID PARCEL 54- THE SOUTHWESTERLY CORNER OF PARCEL 55 OF SAID RIDDLES PARCEL SUBDIVISION, ON THE EASTERLY LINE OF ATRACT OF LAND CONVEYED TO THE CITY. OF COLUMBUS, BY DEED OF RECORD IN DEED BOOK 1012, PAGE 395 AND THE EASTERLY LINE OF HAMLET STREET (NOW 35 FEET WIDE, D.B. 465, PG. 9)
THENCE SOUTH 865305 EAST, A DISTANCE OF 95.87 FEET, ALONG THE LINE COMMON TO SAID PARCEL 54 AND SAID PARCEL 55, TO A 5/8 INCH REBAR FOUND CAPPED ACKISON, AT THE NORTHEASTERLY CORNER OF SAID PARCEL 54, THE SOUTHEASTERLY COMER OF SAID PARCEL 55 AND ON THE WESTERLY LINE OF A 16 FEET WIDE ALLEY (D.B. 465, PG. 9)
THENCE SOUTH 032040 WEST, A DISTANCE OF 24.46 FEET, ALONG THE LINE COMMON TO SAID PARCEL 54 AND SAID ALLEY, TO A REBAR SET
THENCE NORTH 863740 WEST, A DISTANCE OF 95-85 FEET, ACROSS SAID PARCEL 54, TO A REBAR SET, ON THE LINE COMMON TO SAID PARCEL 54, SAID CITY OF COLUMBUS TRACT AND SAID HAMLET STREET
THENCE NORTH OSN* EAST, A DISTANCE OF 24-03 FEET, ALONG THE LINE COMMON TO SAID PARCEL 54. SAID CITY OF COLUMBUS TRACT AND SAID HAMLET STREET, TO THE POINT OF BEGINNING, CONTAINING 0.053 ACRES AND BEING SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD.
THE BEARINGS IN THE ABOVE DESCRIPTION ARE BASED ON THE BEARING OF NORTH 03 1719 EAST FOR THE EASTERLY LINE OF HAMLET STREET, BASED ON THE OHIO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE. NAD 83 DATUM (20 1 ), TAKEN FROM GPS OBSERVATION. ALL REBAR SET ARE 5/8 INCH DIA. 30 INCHES IN LENGTH, WITH A RED PLASTIC CAP STAMPED WITH THE NAME LANDMARK SURVEY. THE ABOVE DESCRIPTION IS BASED ON AN ACTUAL FIELD SURVEY PERFORMED IN OCTOBER OF 2017.
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 units dwellings (Lots C and D) and one two-unit dwelling (Lot A), 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 plan titled, "VARIANCE SITE PLAN," signed by Julie Bullock, Applicant, and dated November 23, 2021. The plan 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 two-unit dwelling.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 6. That Ordinance #2595-2017, passed October 19, 2017, be and is hereby repealed.