Explanation
Council Variance Application: CV06-035
APPLICANT: Michael Spencer; 1123 Neil Avenue; Columbus, Ohio 43201.
PROPOSED USE: A carriage house on a lot developed with a single-family dwelling.
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VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will permit the construction of a second dwelling on a lot developed with an existing single-family dwelling. The R-4, Residential District allows up to four units in the same dwelling only. The applicant proposes a two-story structure, fronting on a rear alley, with a single-family dwelling unit above three garage parking spaces. A fourth parking space will be provided on the site. Building design will conform to the Victorian Village Commission requirements.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District use; and 3332.19, Fronting on a public street; of the Columbus City codes, for the property located at 1123 NEIL AVENUE (43201), to permit a second single-family dwelling (a carriage house) on a lot developed with a single-family dwelling in the R-4, Residential District and to declare an emergency. (Council Variance CV06-035)
Body
WHEREAS, by application CV06-035, the owner of property at 1123 NEIL AVENUE (43201), is requesting a Council Variance to permit a second single-family dwelling (a carriage house) on the rear of a lot currently developed with a single-family dwelling in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential District use, requires a separate lot for each principal use, while the applicant proposes to construct a second dwelling on the same lot; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3332.19, Fronting on a public street, 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, this variance will permit a second single-family dwelling (a carriage house) on the rear of a lot developed with an existing single-family dwelling. The R-4, Residential District allows up to four units in the same dwelling only. The proposed two-story structure is a single-family dwelling unit above three garage parking spaces, and building design will conform to the Victorian Village Commission requirements; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because this variance will permit the construction of a second dwelling on a lot developed with an existing single-family dwelling. The R-4, Residential District allows up to four units in the same dwelling only. The applicant proposes a two-story structure, fronting on a rear alley, with a single-family dwelling unit above three garage parking spaces. A fourth parking space will be provided on the site. Building design will conform to the Victorian Village Commission requirements.
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy 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 1123 NEIL AVENUE (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 3332.039, R-4, Residential District use; 3332.19, Fronting on a public street; for the property located at 1123 NEIL AVENUE (43201), insofar as said sections prohibit a second single-family dwelling above a garage (a carriage house) with no frontage on a public street; said property being more particularly described as follows:
1123 NEIL AVENUE (43201), being 0.20± acres located on the west side of Neil Avenue, approximately 405± feet south of West Fourth Avenue, and being more particularly described as follows:
Situated in the State of OH, County of Franklin and in the City of Columbus.
Being Lot Number Four Hundred Twenty-five (425) of COLLINS, ATKINSON AND GUITNER'S ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 222, Recorder's Office, Franklin County, Ohio.
Parcel No: 010-029502
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a single-family dwelling and a carriage house, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is conditioned on the sites being developed in general accordance with the site plan.
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. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.