Explanation
Council Variance Application: CV25-010
APPLICANT: Joshua Tomey; 1286 East Fulton Street; Columbus, OH 43205.
PROPOSED USE: Two single-unit dwellings on one lot.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling and a detached garage in the R-3, Residential District. The requested Council variance will allow the existing detached garage to be converted into an accessory dwelling unit. A Council variance is required because the R-3 district only allows one single-unit dwelling per lot. Variances to required parking, lot width, lot area, fronting, minimum side yard, rear yard, and side yard obstruction are also included in this request. The site is located within the planning boundaries of the Clintonville Neighborhood Plan (2009), which recommends “Single Family” land uses at this location, which is inconsistent with the request. Staff recognize the Plan’s recommendation that the sustainability of each neighborhood is enhanced when a full range of housing options is provided to current and future residents as mitigating factors for support of the use.
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, 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 49 E. TULANE RD. (43202), to allow two single-unit dwellings on one lot with reduced development standards in the R-3, Residential District (Council Variance #CV25-010).
Body
WHEREAS, by application #CV25-010, the owner of the property at 49 E. TULANE RD. (43202), is requesting a Variance to allow 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, only allows one single-unit dwelling on a lot, while the applicant proposes to convert the existing detached garage into an accessory dwelling unit, resulting in two single-unit dwellings on one lot; and
WHEREAS, Section 3312.49, Required parking, requires two parking spaces for each dwelling, for a total of four parking spaces, while the applicant proposes two 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 37.5± 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, or 10,000 square feet for two single-unit dwellings, while the applicant proposes two single-unit dwellings on a reduced lot area of 4,218± square feet in area; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling unit to have frontage on a public street, while the applicant proposes that the proposed accessory dwelling unit fronts upon a public alley; and
WHEREAS, 3332.26, Minimum side yard permitted, requires that the minimum side yard be no less than three feet, while the applicant proposes a reduced side yard of 2.1 feet on the west side of the proposed accessory dwelling unit, a reduced side yard of 2.8 feet on the east side of the existing dwelling, and a reduced side yard of one foot on the east side of the proposed deck which will be attached to the existing dwelling; 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 proposed accessory dwelling unit; 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 to encroach into the western side yard; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance is consistent with the Clintonville Neighborhood Plan’s recommendations for providing more diverse housing opportunities; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed accessory dwelling unit; and
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variances 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 variances will alleviate the difficulties encountered by the owners of the property located at 49 E. TULANE RD. (43202), 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, Required parking; 3332.05(A)(4), 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 3332.28, Side or rear yard obstruction, of the Columbus City Codes; for the property located at 49 E. TULANE RD. (43202), insofar as said sections prohibit two single-unit dwellings on one lot in the R-3, Residential District; with a reduction in the required parking from four to two spaces; a reduced minimum lot width from 50 feet to 37.5 feet; a reduced lot area from 5,000 square feet per dwelling unit, or 10,000 square feet for two single-unit dwellings, to 4,218 square feet for both dwelling units; no frontage on a public street for the proposed accessory dwelling unit; reduced minimum side yards from three feet to 2.1 feet on the west side of the proposed accessory dwelling unit, to 2.8 feet on the east side of the existing dwelling, and to one foot on the east side of the proposed deck which will be attached to the existing dwelling; no rear yard for the proposed accessory dwelling unit; and a western side yard obstruction for two parking spaces in the existing driveway; said property being more particularly described as follows:
49 E. TULANE RD. (43202), being 0.10± acres located on the south side of East Tulane Road; 125± feet west of East Avenue:
SITUATED IN THE COUNTY OF FRANKLIN, IN THE STATE OF OHIO AND IN THE CITY OF COLUMBUS:
BEING LOT NUMBER FOUR HUNDRED SIXTY FIVE [465] AND THE EAST ONE-HALF OF LOT NUMBER FOUR HUNDRED SIXTY FOUR [464] OF CRESTVIEW ADDITION, AS THE SAME AS NUMBERED AND DELINEATED UPON THE RECORDED PLAT THEREOF, OF RECORD IN PLAT BOOK 8, PAGE 11A, RECORDER’S OFFICE, FRANKLIN COUNTY, OHIO.
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, in accordance with the submitted site plan, or those uses allowed 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 exterior elevations titled, "ARCHITECTURAL SITE PLAN & EXTERIOR ELEVATIONS,” dated March 25, 2025, and signed by Joshua Tomey, 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 plan 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 accessory dwelling unit.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.