Explanation
Council Variance Application: CV24-119
APPLICANT: Asbury North United Methodist Church, c/o Bryan S. Hunt, Atty.; 3300 Riverside Drive, Suite 125; Columbus, OH 43221.
PROPOSED USE: Two-unit dwelling and parking.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a religious facility and two-unit dwelling in the R-3, Residential District as allowed by Ordinance #0019-2007 (CV06-052), passed February 26, 2007. The requested variance will conform the existing uses after a proposed lot split is completed, resulting in a two-unit dwelling with non-accessory parking for the religious facility on the western lot, and the religious facility on the eastern lot. A Council variance is required because the R-3 district does not allow a two-unit dwelling or non-accessory parking uses. Variances to landscaping and screening, parking space size, required parking, parking setback, and maneuvering are included in this request. The site is within the planning boundaries of the Near East Area Plan (2005), which does not specify a recommended land use at this location. Since the variances are necessitated as a result of a proposed lot split, and the two-unit dwelling and religious facility uses are not changing, Staff has no objection to the requested variances.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, residential district; 3312.21(A) (B), Landscaping and screening; 3312.25, Maneuvering; 3312.27, Parking setback line; 3312.29, Parking space; and 3312.49, Required parking, of the Columbus City Codes; for the property located at 1586 CLIFTON AVE. (43203), to allow a two-unit dwelling and non-accessory parking with reduced development standards in the R-3, Residential District, and to repeal Ordinance #0019-2007 (CV06-052), passed February 26, 2007 (Council Variance #CV24-119).
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WHEREAS, by application #CV24-119, the owner of property at 1586 CLIFTON AVE. (43203), is requesting a Council variance to allow a two-unit dwelling and non-accessory parking with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, Residential district, allows one single-unit dwelling per lot and does not allow non-accessory parking, while the applicant proposes a two-unit dwelling on the western parcel, and to allow the religious facility to utilize five parking spaces on the residential lot, as shown on the submitted site plan; and
WHEREAS, Section 3312.21(A), Landscaping and screening, requires the interior of any parking lot containing 10 or more parking spaces to provide one deciduous shade tree per 10 spaces within islands or peninsulas, while the applicant proposes to reduce the minimum number of required interior parking lot trees from two to zero trees on the eastern lot; and
WHEREAS, Section 3312.21(B), Landscaping and screening, requires perimeter screening that is a minimum of five feet in height for parking lots located within eighty (80) feet of residentially-zoned property in a landscaped area that is a minimum of four feet in width, while the applicant proposes no parking lot screening along the shared property line between the western and eastern lots; and
WHEREAS, Section 3312.25, Maneuvering, requires every parking space have sufficient access and maneuvering area, or 20 feet for 90 degree parking spaces, while the applicant proposes to allow maneuvering in the required parking setback line on the eastern lot; and
WHEREAS, Section 3312.27, Parking setback line, requires a parking setback line of 25 feet along Parkwood Avenue, while the applicant proposes to maintain a reduced parking setback line of 10.8 feet along on the eastern lot; and
WHEREAS, Section 3312.29, Parking space, requires that a parking space shall be a rectangular area of not less than nine feet wide by 18 feet deep, while the applicant proposes a reduced width of 8.5 feet for the three parallel parking spaces and reduced depth of 16 feet for the north row of parking spaces on the eastern lot, parking spaces divided by the proposed parcel line on the western lot, subject to an overall dimension of 9 feet wide by 18 feet deep, and a reduced width of less than 9 feet for one angled parking space along the western property line of the western lot, as shown on the submitted site plan; and
WHEREAS, Section 3312.49, Required parking, requires two parking spaces per dwelling unit, or four parking spaces for a two-unit dwelling on the western lot, and one parking space per 30 square feet of assembly space and one parking space per 500 square feet of non-assembly space, or 17 and 14 spaces required on the eastern lot, respectively, at total of 31 spaces, while the applicant proposes 11 spaces on the eastern lot and 5 spaces on the western lot counting towards the required parking for the religious facility, or a total of 16 spaces provided for the religious facility; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the request will not introduce a new or incompatible use to the area, and the primary use of the property will remain a two-unit dwelling, and a religious facility; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Zoning Clearance for the proposed lot split; 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 1586 CLIFTON AVE. (43203) 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; 3312.21(A)(B), Landscaping and screening; 3312.25, Maneuvering; 3312.27, Parking setback line; 3312.29, Parking space; and 3312.49, Required parking, of the Columbus City Codes; is hereby granted for the property located at 1586 CLIFTON AVE. (43203), insofar as said sections prohibit a two-unit dwelling and non-accessory parking in the R-3, Residential District, with no interior parking lot trees in surface parking lots; no parking lot screening along the shared property line; a reduced parking setback line from 25 to 10.8 feet from Parkwood Avenue; a reduced parking space width from 9 to 8.5 feet for the three parallel parking spaces and reduced depth from 18 to 16 feet for the north row of parking spaces on the eastern lot; parking spaces along the shared parcel line to cross on the western lot; a reduced parking space width of less than 9 feet for six parking spaces along the shared property line; and a parking space reduction from 31 required spaces to 16 spaces for the religious facility, with five of those spaces located on the western lot and counting as required spaces for the eastern lot; said property being more particularly described as follows:
1586 CLIFTON AVE. (43203), being 0.58± acres located at the northwest corner of Clifton Avenue and Parkwood Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being Lot 10, Levi R. and High E. Smith Woodland Park Addition, Plat Book 7, Page 132, and a 0.069 Acre Tract (formerly 20’ Alley - Ord. No. 0673-2006).
Parcel No.: 010-003762
Address: 1586 Clifton Avenue, Columbus, OH 43203
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a two-unit dwelling and a religious facility, 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 titled, “SITE PLAN,” dated November 4, 2024, and signed by Joseph P. Myers, the Agent 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 lot split.
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 #0019-2007 (CV06-052), passed February 26, 2007, be and is hereby repealed.