Explanation
Council Variance Application: CV24-131
APPLICANT: Joel R. Simmons; c/o Tim Lai, Agent; 401 West Town Street; Columbus, OH 43215.
PROPOSED USE: Two single-unit dwellings on one lot.
NORTHEAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a one parcel developed with a single-unit dwelling in the R-1, Residential District. The requested Council variance will allow a second dwelling-unit. A Council variance is required because the R-1 district only allows one single-unit dwelling per lot. Variances to minimum net floor area for living quarters, and rear yard are also included in this request. The site is located within the planning boundaries of the Northeast Area Plan (2007), which recommends “Low Density Residential” land uses at this location, but also encourages a mix of housing types and sizes, consistent with the requested variance.
Title
To grant a Variance from the provisions of Sections 3332.03, R-1 residential district; 3332.11, R-1 area district requirements; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 2405 MCCUTCHEON RD. (43219), to allow two single-unit dwellings on one lot with reduced development standards in the R-1, Residential District (Council Variance #CV24-131).
Body
WHEREAS, by application #CV24-131, the owner of the property at 2405 MCCUTCHEON RD. (43219), is requesting a Variance to allow two single-unit dwellings on one lot with reduced development standards in the R-1, Residential District; and
WHEREAS, Section 3332.03, R-1, residential district, only allows one single-unit dwelling on a lot, while the applicant proposes to construct an additional dwelling-unit, resulting in two single-unit dwellings on one lot; and
WHEREAS, Section 3332.11, R-1 area district requirements, requires a single-family dwelling to have a minimum net floor area for living quarters above the lot grade line of 1,500 square feet, while the applicant proposes a reduced minimum net floor area for living quarters of 504 square feet for the proposed 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 a reduced rear yard of 3.8 percent for the proposed dwelling; and
WHEREAS, the Northeast Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance is consistent with the Northeast Area Plan’s recommendation regarding providing a mix of housing types and sizes within the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed dwelling; 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 2405 MCCUTCHEON RD. (43219), 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 3332.03, R-1 residential district; 3332.11, R-1 area district requirements; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 2405 MCCUTCHEON RD. (43219), insofar as said sections prohibit two single-unit dwellings on one lot in the R-1, Residential District; with a reduced minimum net floor area for living quarters from 1,500 square feet to 504 square feet for the proposed dwelling; and a reduced rear yard of 3.8 percent for the proposed dwelling; said property being more particularly described as follows:
2405 MCCUTCHEON RD. (43219), being 0.56± acres located on the south side of McCutcheon Road, 1,050± feet east of McCutcheon Crossing Drive:
Situated in the County of Franklin in the State of Ohio and in the Township of Mifflin and bounded and descried as follows:
Being in Quarter Township 2, Township J, Range 17, U.S.M.D., and being also a part of the 73.63 acre tract described in the Certification of Transfer in the matter of the estate of McClellan Agler, deceased, Case No. 101288, shown of record in Deed Book 1805, page 26, Recorder's Office, Franklin County, Ohio, dated April 22, 1954 and being more particularly bounded and described as
follows:
Commencing at a spike, which spike represents the intersection of the centerline of McCutcheon Road with the east line of the northwest 1/4 of Mifflin Township, Quarter Township 2 (centerline of Stelzer Road); Thence North 86 deg. 41 min. West, along the said centerline of McCutcheon Road, 414.80 feet to a spike marking an angle point;
Thence North 85 deg. 30 min. West, continuing along the said centerline of McCutcheon Road, a distance of 1257.40 feet to a spike marking an angle point;
Thence North 86 deg. 54 min. West, continuing along the said centerline McCutcheon Road, a distance of 938.00 feet to a spike marking an angle point; Thence 85 deg. 38 min. 30 sec. West, continuing along the said centerline of McCutcheon Road, a distance of 835.00 feet to a spike marking an angle point; Thence North 85 deg. 24 min. West, continuing along the said centerline of McCutcheon Road, a distance of 175.00 feet to a point, which last said point represents the true point of beginning of this description;
Thence South 4 deg. 01 min. 30 sec West, along a line drawn parallel to the east line of said 73.63 acre tract, passing an iron pin at 25.0 feet, a total distance of 245.0 feet to an iron pin;
Thence North 85 deg. 24 min. West, along a line drawn parallel to the said centerline of McCutcheon Road, a distance of 100.00 feet to an iron pin
Thence North 4 deg. 01 min. 30 sec. East, along a line drawn parallel to the said east line of the 73.63 acre tract, passing an iron pin at 220.0 feet, a total distance of 245.00 feet to a point in the said centerline of McCutcheon Road;
Thence South 85 deg. 24 min. East, along the said centerline of McCutcheon Road, as distance of 100.00 feet to the point of beginning;
Containing 0.562 acres of land, but subject to all legal highways and easements of record.
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-1, 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 8, 2024, and signed by Tim Lai, 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 Occupancy for the proposed dwelling.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.