Explanation
Council Variance Application: CV25-015
APPLICANT: Paul Fatkins; 583 Parker Run; Galena, OH 43021.
PROPOSED USE: Two single-unit dwellings on one lot.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling in the ARLD, Apartment Residential District. The requested Council variance will allow two single-unit dwellings on one lot at this location with the proposed construction of a rear dwelling unit above a detached garage (carriage house). A variance is necessary because while the ARLD district allows a dwelling containing one to four units, it does not allow two single-unit dwellings on one lot unless all R-4, Residential District standards can be met. Variances to lot width, fronting, rear yard, and required parking are included in this request. The site is located within the planning boundaries of the Near East Area Plan (2005), which does not recommend a specific land use at this location, but does include residential design guidelines. Staff supports the request as the proposed use is consistent with both the residential character of the area and with similar carriage house requests in urban neighborhoods throughout the city.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3312.49(C), Required parking; 3333.09, Area requirements; 3333.16, Fronting; and 3333.24, Rear yard, of the Columbus City Codes; for the property located at 39 LINWOOD AVE. (43205), to allow two single-unit dwellings on one lot with reduced development standards in the ARLD, Apartment Residential District (Council Variance #CV25-015).
Body
WHEREAS, by application #CV25-015, the owner of the property at 39 LINWOOD AVE. (43205), is requesting a Variance to allow two single-unit dwellings on one lot with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, does not allow two single-unit dwellings on one lot, while the applicant proposes to construct a single-unit dwelling above a detached garage (carriage house) on a lot already developed with a single-unit dwelling; and
WHEREAS, Section 3312.49(C), Required parking, requires two spaces for each dwelling, for a total of four parking spaces, while the applicant proposes two parking spaces; and
WHEREAS, Section 3333.09, Area requirements, requires a minimum lot width of 50 feet in the ARLD, Apartment Residential District, while the applicant proposes to maintain a reduced lot width of 42 feet; and
WHEREAS, Section 3333.16, Fronting, requires all residential buildings to front upon a public street, while the applicant proposes a carriage house to front upon a rear public alley; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard of 25 percent of lot area per dwelling, while the applicant proposes no rear yard for the proposed carriage house; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the proposed use is consistent with both the residential character of the neighborhood and with similar requests in urban neighborhoods throughout the city; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed carriage house; 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 39 LINWOOD AVE. (43205), 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 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3312.49(C), Required parking; 3333.09, Area requirements; 3333.16, Fronting; and 3333.24, Rear yard, of the Columbus City Codes; for the property located at 39 LINWOOD AVE. (43205), insofar as said sections prohibit two single-unit dwellings on one lot in the ARLD, Apartment Residential District, with a reduction in required parking from four to two spaces; a reduced lot width from 50 feet to 42 feet; no fronting on a public street for the proposed carriage house; and no rear yard for the proposed carriage house; said property being more particularly described as follows:
39 LINWOOD AVE. (43205), being 0.13± acres located on the west side of Linwood Avenue, 130± feet north of Madison Avenue, and being more particularly described as follows:
Being Lot Number Fifty-One (51), in the amended plat of JOHN M. PUGH’s SUBDIVISION OF LOTS 1,2,3,4 & 5 OF S. BRUSH’S ADDITION TO THE CITY OF COLUMBUS, OH, as the same numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 144, Recorder’s Office, Franklin County, Ohio.
Property Address: 39 Linwood Ave., Columbus, Ohio 43205
Parcel No.: 010-012966-00
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 ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan and elevations titled, “SITE PLAN,” and “EXTERIOR ELEVATIONS,” both dated August 20, 2025, signed by Paul Joseph Fatkins, Applicant. The plans 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 plans 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 carriage house.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.