Explanation
Council Variance Application: CV23-137
APPLICANT: New Housing Ohio Inc.; c/o Jeffery L. Brown, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215
PROPOSED USE: Shared living facility.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a two-unit dwelling in the R-2F, Residential District. The requested Council variance will allow the existing dwelling to be converted into a shared living facility. A Council variance is required because the R-2F district does not allow shared living facilities. The request includes variances to landscaping and screening, required parking, vision clearance, supplemental parking requirements, maximum floor area ratio, and landscaped area and treatment requirements. The site is located with the planning boundaries of the University District Plan (2015), which recommends “Lower Intensity Residential” land uses at this location. Staff supports the proposed use as it does not introduce an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F residential district; 3312.21(D), Landscaping and screening; 3312.49, Required parking; 3321.05(B)(1)(2), Vision clearance; 3325.705, Supplemental Parking Requirements; 3325.805, Maximum Floor Area Ratio (FAR); and 3325.809, Landscaped Area and Treatment, of the Columbus City Codes; for the property located at 44 E. DUNCAN ST. (43202), to allow a shared living facility for 16 occupants with reduced development standards in the R-2F, Residential District (Council Variance #CV23-137).
Body
WHEREAS, by application #CV23-137, the owner of the property at 44 E. DUNCAN ST. (43202), is requesting a Variance to allow a shared living facility for 16 occupants with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, residential district, prohibits shared living facilities, while the applicant proposes to use the existing dwelling as a shared living facility with up to 16 occupants; and
WHEREAS, Section 3312.21(D), Landscaping and screening, requires parking lot screening within 80 feet of residentially zoned property, while the applicant proposes no screening; and
WHEREAS, Section 3312.49, Required parking, requires one parking space per 400 square feet, a total of 17 required spaces, while the applicant proposes to maintain nine parking spaces; and
WHEREAS, Section 3321.05(B)(1)(2), Vision clearance, requires clear vision triangles of 10 feet at the intersections of streets and alleys, and 30 feet at the intersection of two streets, while the applicant proposes to maintain no vision clearance at the intersection of East Avenue and the alley along the northern property line, and no vision clearance at the intersection of East Duncan Street and East Avenue; and
WHEREAS, Section 3325.705, Supplemental Parking Requirements, prohibits parking or maneuvering in any required side yard or required landscaped area or between any building and any public street and requires each parking space to be no less than eight feet wide and 18 feet long, while the applicant proposes to allow parking in a landscaped area, parking within the 10 foot parking setback along East Avenue, and to reduce the length of the parking spaces to 17 feet; and
WHEREAS, Section 3325.805, Maximum Floor Area Ratio (FAR), requires that the maximum total calculated floor area allowed on any lot shall be no greater than that determined by a 0.40 FAR, while the applicant proposes to maintain an increased FAR of 0.48; and
WHEREAS, Section 3325.809, Landscaped Area and Treatment, requires at least 10 percent of the lot area be planted and maintained with grass and/or other live vegetation and be located behind the most rear portion of the principal residential building, while the applicant proposes to maintain 0.01 percent landscaped area for the existing lot; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the proposed use will not introduce an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Zoning Clearance 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 44 E. DUNCAN ST. (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 3332.037, R-2F residential district; 3312.21(D), Landscaping and screening; 3312.49, Required parking; 3321.05(B)(1)(2), Vision clearance; 3325.705, Supplemental Parking Requirements; 3325.805, Maximum Floor Area Ratio (FAR); and 3325.809, Landscaped Area and Treatment; of the Columbus City Codes; for the property located at 44 E. DUNCAN ST. (43202), insofar as said sections prohibit shared living facilities in the R-2F, Residential District, with no parking lot screening; a parking space reduction from 17 spaces to nine spaces; reduced vision clearance triangles from 10 feet to zero feet at the intersection of East Avenue and the alley along the northern property line, and from 30 feet to zero feet at the intersection of East Duncan Street and East Avenue; parking in a landscaped area, parking within the 10 foot parking setback along East Avenue, and reduced parking space size from eight feet wide and 18 feet long to eight feet wide and 17 feet long; increased maximum floor area ratio (FAR) from 0.40 to 0.48; and decreased landscaped area from 10 to 0.01 percent for the existing lot; said property being more particularly described as follows:
44 E. DUNCAN ST. (43202), being 0.30± acres located at the northwest corner of East Duncan Street and East Avenue:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being Lots Numbered Ten (10), Nine (9) and the east one half of Lot No. Eight (8) of Rhoads and Urlin’s Subdivision of Lots Twenty Four (24) to Thirty Nine (39) inclusive, Forty Four (44) to Fifty Three (53) inclusive, and One Hundred (100) of the Amended Plat of George Williams’ Northwood Heights Addition to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 140, 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 a shared living facility with a maximum of 16 occupants, in accordance with the submitted site plan, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, “SITE PLAN”, dated January 26, 2024, and signed by Jeffery L. Brown, Attorney for the Applicant. 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 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 Zoning Clearance for the proposed use.
SECTION 5. This ordinance will be further conditioned on the following: The facility will have a maximum of 16 residents who will be supervised 24 hours a day, seven days a week. This facility will be a licensed as a mental health rehabilitation center.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.