Explanation
Council Variance Application: CV13-002
APPLICANT: 1354 Ida Avenue LLC; c/o Jackson B. Reynolds, Atty; Smith & Hale LLC; 37 West Broad Street, Suite 725; Columbus, Ohio 43215.
PROPOSED USE: To construct a three-unit dwelling and a one-unit carriage house on one lot in the R-4, Residential District with reduced development standards.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is applying for a Council Variance to construct a new 3-unit dwelling and one 1-unit carriage house on a vacant lot in the R-4, Residential District. The site lies within the boundaries of the Fifth by Northwest Plan, (2009) which calls for single-unit development on the site. In addition the applicant requests a variance to not have frontage for the carriage house. The Planning Staff does not support the proposal because the applicants are still proposing over two-dwelling units. BZS supports the proposal mainly because a single building containing four units would be allowed provided the lot was at least 10,000 square feet in area. Additionally, the applicants are providing the required number of parking spaces, albeit with a two foot maneuvering variance which BZS Staff views as minor. Technically the rear yard is located behind the carriage house on the alley and should make up 25% of the lot area. The applicants are providing 23% of the lot area between the front and rear buildings which Staff finds to be a negligible difference. The applicant also asks for slight side yard variances to allow stoops. Since the applicant is not requesting this variance for habitable dwelling space, Staff views this as minor. To sum up, the Applicant is asking for a series of variances to allow four dwelling units, which are allowable in the R-4, Residential District, with enough Code compliant parking spaces with a series of variances which Staff views as minor, while the overall intent of the Code is being met.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District use; 3312.25, Maneuvering area; 3332.15, R-4 area district requirements;3332.19, Fronting, 3332.26(c )(3), Minimum side yard permitted, and 3332.27, Rear yard permitted of the Columbus City Codes; for the property located at 1354 IDA AVENUE (43212), to permit one (1) three-unit dwelling and one (1) one-unit dwelling in two separate buildings for a total of four dwelling units on the same lot with reduced development standards in the R-4, Residential District. (Council Variance #CV13-002).
Body
WHEREAS, by application No. CV13-002, the owner of property at 1354 IDA AVENUE (43212), is requesting a Council Variance to permit a three-unit dwelling and a one-unit carriage house with reduced development standards 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 three-unit dwelling and a rear single-family dwelling above a detached garage (a carriage house) on the same lot; and
WHEREAS, Section 3312.25 Maneuvering area, requires each parking space to have 20 feet of maneuvering area for 90 degree parking spaces, while the applicant proposes an 18 foot deep maneuvering area; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires that a dwelling containing three (3) or four (4) dwelling units shall be situated on a lot with an area which equals or exceeds twenty-five hundred (2,500) square feet per dwelling unit, while the applicant proposes to construct a 3-unit dwelling and 1-unit carriage house on an 8,075 square-foot lot; 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 no frontage for the rear carriage house dwelling; and
WHEREAS, Section 3332.26(c )(3), Minimum side yard permitted, requires a side yard of no less than three feet on each side, while the applicant proposes to allow stoops to encroach three feet into the minimum side yard on each side of the site; and
WHEREAS, Section 3332.27, Rear yard permitted, requires a rear yard of no less than 2010 square feet, while the applicant proposes 957.6 square feet for the rear yard behind the carriage house; and
WHEREAS, the Fifth By Northwest Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the four dwelling units in one building is allowable in the R-4, Residential District and this applicant is merely asking to split up the dwelling units into two buildings. Furthermore, the applicant is providing the required number of Code compliant parking spaces. BZS staff views the remaining requested variances as minor and finds that the overall intent of the Zoning Code is being met; and
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 1354 IDA AVENUE (43212), in using said property as desired; and
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; 3312.25, Maneuvering area; 3332.15, R-4 area district requirements;3332.19, Fronting, 3332.26(c )(3), Minimum side yard permitted and 3332.27, Rear yard permitted, of the Columbus City Codes, is hereby granted for the property located at 1354 IDA AVENUE (43212), insofar as said sections prohibit two (2) buildings with four dwelling units on the same lot of only 8075.38 square feet where 10,000 square feet is required, with only eighteen feet of maneuvering where 20 feet would be required, with the rear dwelling having no frontage on a public street, minimum side yards of three (3) feet, for the front building, and reduced rear yards of 957.6 square feet where 2010 square feet would be required; said property being more particularly described as follows:
1354 IDA AVENUE (43212), being 0.19± acres located on the north side of Ida Avenue, 275± feet west of Northwest Boulevard, and being more particularly described as follows:
TRACT ONE:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 1, Township 1, Range 23, Refugee Lands, being a part of a 13.76 foot wide alley as shown on the Amended Plat of H.C. Grease West Fifth Avenue Subdivision of record in Plat Book 5, page 160, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a point at the Southeast corner of Lot 10 of said subdivision, also being the intersection of the West line of said alley with the North line of Ida Avenue, 50 feet wide;
Thence, along the East line of said Lot 10 and the West line of said alley, N. 03 deg. 38' 52" E, 150.02 feet to a point at the Northeast corner of said Lot 10, also being the intersection of the West line of said 13.76 foot wide alley with the South line of an 18 foot wide alley as shown on said subdivision;
Thence, along the South line of said 18 foot wide alley, S. 85 deg. 54' 50" E, 8.46 feet to a set iron pin;
Thence, across said 13.76 foot wide alley, S. 03 deg. 20' 32" W. 150.02 feet to an set iron pin in the North line of Ida Avenue,
Thence, along the North line of Ida Avenue, N. 86 deg. 00' 00" W., 9.26 feet to the Point of Beginning, containing 0.031 acres (1,329 square feet).
Iron pins set are 30" x 1" O.D. with orange plastic caps inscribed "P.S. 6579". Basis of bearings is assumed to be N. 86 deg. 00' 00" W. on the North line of Ida Avenue. This description is based on a field survey by Myers Surveying Company, Inc., in August 2004.
TRACT TWO:
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being Lot Number Ten (10) and One foot off the East side of Lot Number Twelve (12) of Henry C. Gease West Fifth Avenue Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 160, Recorder's Office, Franklin County, Ohio.
Property Address: 1354 Ida Avenue, Columbus, Ohio 43212
Tax ID No.: 010-062678-00
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for one three-unit building and one one-unit dwelling on the same lot, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site and elevation plans titled, "EXHIBIT A," and signed by Jackson B. Reynolds, attorney for the Applicant dated April 16, 2013. 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 of Building and Zoning Services, or his or her designee, upon submission of the appropriate data regarding the proposed adjustment.
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.