Explanation
Council Variance Application: CV06-065
APPLICANT: James and Janice Conway; c\o Michael T. Shannon, Atty.; 500 South Front Street, Suite 1200; Columbus, Ohio 43215.
PROPOSED USE: Two single-family dwellings on one lot.
SOUTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. This is a request for a second single-family dwelling on one lot zoned in the R, Rural District. A variance is required in that only one single-family residence is permitted on one lot. The applicant has already constructed the second dwelling. The applicant is also requesting a variance to permit a garage larger than 720 square feet, or larger than one-third of the size of the principal building. The primary residence is a 1,928 square foot single-family dwelling. The second dwelling includes 1,024 square feet of habitable space and a 1,024 square foot garage. The second dwelling is not compatible with development in the area. There is single-family residential development to the north, east and west of the subject property. There are large accessory structures on two lots approximately 600 feet (six lots) west of the subject property. They are both set back from the main residences and the land slopes away from the street, so they are not as imposing. The proposed second dwelling is out of scale with the adjacent single-family residences and is not consistent with the predominant development pattern in the area.
Title
To grant a Variance from the provisions of Sections 3332.02, R, Rural District and 3332.38, Private garage, for the property located at 2005 DYER ROAD (43123), to permit two single-family dwellings with a garage which exceeds 720 square feet, on a lot zoned in the R, Rural District. (Council Variance #CV06-065)
Body
WHEREAS, by application No. CV06-065, the owner of property at 2005 DYER ROAD (43123), is requesting a Council Variance to permit two (2) single-family dwellings on one lot in the R, Rural District; and
WHEREAS, Section 3332.02, R, Rural District, prohibits two single-family dwellings on one lot, while the applicant proposes to permit two (2) single-family dwellings on one lot; and
WHEREAS, Section 3332.38(F), permits a garage to be a maximum of 720 square feet or one-third of the minimum net floor area for living quarters of the principal residence, whichever is larger, while the applicant proposes a 1,024 square foot garage; and
WHEREAS, the Southwest Area Commission recommends approval of this request; and
WHEREAS, City Departments recommend disapproval because this request will permit a second dwelling on one lot which is not consistent or compatible with the predominant single-family residential development in the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 2005 DYER ROAD (43123), 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 3332.02, R, Rural District and 3332.38(F), Private garage, for the property located at 2005 DYER ROAD (43123), insofar as said sections prohibit two single-family dwellings, with a 1,024 square foot garage on one lot; said property being more particularly described as follows:
2005 DYER ROAD (43123), being 2.5± acres located south of the intersection of Dyer and Willowgate Roads, and being more particularly described as follows:
The following described real estate, situated in the County of Franklin, in the State of Ohio, and in the City of Columbus:
Legal Description
2005 Dyer Road (43123)
Situated in the City of Columbus, County of Franklin and the State of Ohio, as found in Deed Instrument #199707310059602, being known and designated as:
Beginning at a spike in the centerline of Dyer Road and North 88 degrees 7 East 1533.89 feet from an iron pin where the centerline of said road intersects the centerline of Gantz Road;
Continuing along the centerline of Dyer Road, North 80 degrees 7 East 134.54 feet to a spike;
Thence South 0 degrees 7 East (passing an iron pin at 18.1 feet) 746.28 feet to an iron pin;
Thence North 82 degrees West 171.69 feet to an iron pin;
Thence North 6 degrees 56 East 92.1 feet to an iron pin;
Thence North 2 degrees 8 East (passing an iron pin at 617.7 feet) 636.4 feet to the place of beginning, containing 2.509 acres, more or less, being Tract No. 23 of an unrecorded plat.
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-family dwellings, or those uses permitted in the R, Rural District.
SECTION 3. That this ordinance is further conditioned that the second dwelling shall not exceed 1,024 square feet of habitable space and that the garage shall not exceed 1,024 square feet.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.