Explanation
Council Variance Application: CV23-076
APPLICANT: Elizabeth Kerim; 453 Stewart Avenue; Columbus, OH 43206.
PROPOSED USE: Habitable space above a detached garage.
COLUMBUS SOUTHSIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a single-unit dwelling in the R-2F, Residential District. The applicant is requesting a Council variance to construct a habitable space above the existing detached garage for office space, gym, and storage. The requests also includes variances to garage height. The site is within the planning boundaries of the South Side Plan (2014), which recommends “Medium-High Density Residential” uses at this location. Staff supports the request as the submitted elevation plans are consistent with the Plan’s and the Columbus Citywide Planning Policies (2018) design guidelines, respectively, and the proposed use will not add an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.38(H) and (G), Private garage, of the Columbus City Codes; for the property located at 453 STEWART AVE. (43206), to allow habitable space above a detached garage with reduced development standards in the R-2F, Residential District (Council Variance #CV23-076).
Body
WHEREAS, by application #CV23-076, the owner of property at 453 STEWART AVE. (43206), is requesting a Council variance to allow habitable space above a detached garage with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.38(H), Private garage, requires habitable space in a garage to connect directly with habitable space in a dwelling, while the applicant proposes habitable space above a detached garage that is not connected to habitable space within the single-unit dwelling; and
WHEREAS, Section 3332.38(G), Private garage, limits garage height to 15 feet, while the applicant proposes an increased garage height of 24± feet; and
WHEREAS, the Columbus Southside Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variance includes elevations that are consistent with the South Side Plan’s design guidelines and will not add an incompatible use to the area; 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 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 453 STEWART AVE. (43206), 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 3332.38(H) and (G), Private garage, of the Columbus City Codes; is hereby granted for the property located at 453 STEWART AVE. (43206), insofar as said sections prohibit habitable space above a detached garage that does not connect directly with habitable space within a dwelling in the R-2F, Residential District; with an increased height of the detached garage from 15 feet to 24± feet; said property being more particularly described as follows:
453 STEWART AVE. (43206), being 0.14± acres located on the south side of Stewart Avenue, 157± feet east of South Washington 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 Number Eighty Three (83), in WIRTH-BARTH AND HUBER’S ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 380, Recorder’s Office, Franklin County, Ohio.
Parcel No. 010-039152
Address: 453 Stewart Avenue, Columbus, OH 43206
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a single-unit dwelling and habitable space above a detached garage, 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” and building elevations titled, "ELEVATION PLANS," all dated January 22, 2024 and signed by Erdem Kerim, 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 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 use.
SECTION 5. That this ordinance is further conditioned on the following: The second floor of the garage will not be converted to, or used as, a separate dwelling unit. The second floor of the garage will have no cooking facilities.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.