Explanation
Council Variance Application: CV24-083
APPLICANT: Pink Development and Construction LLC; P.O. Box 12128; Miami, FL 33101.
PROPOSED USE: Three-unit dwelling.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of an undeveloped parcel in the R-3, Residential District. A Council variance is required because the R-3 district does not allow a three-unit dwelling, while the applicant proposes such a use. Variances to lot area, lot width, minimum side yards, and required parking are included in this request. The site is within the planning boundaries of the Near East Area Plan (2005), which does not have a specific land use recommendation for this location. Staff supports the requested use and variances as they are consistent with the Plan’s recommendations for new housing construction to be consistent with surrounding densities and building types in the neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3312.49, Required parking; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; and 3332.26(F), Minimum side yard permitted, of the Columbus City Codes; for the property located at 1336-1338 E. FULTON ST. (43205), to allow a three-unit dwelling with reduced development standards in the R-3, Residential District (Council Variance #CV24-083).
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WHEREAS, by application #CV24-083, the owner of property at 1336-1338 E. FULTON ST. (43205), is requesting a Council variance to allow a three-unit dwelling 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, while the applicant proposes a three-unit dwelling, as shown on the submitted site plan; and
WHEREAS, Section 3312.49, Required parking, requires two parking spaces per dwelling unit, or six spaces for a three-unit dwelling, while the applicant proposes a reduced total of three parking spaces; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet in the R-3, Residential District, while the applicant proposes to maintain a reduced lot width of 33 feet; and
WHEREAS, Section 3332.13, R-3 area district requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of not less than 5,000 square feet in area, while the applicant proposes a three-unit dwelling on a reduced lot area of 3,894 square feet in area; and
WHEREAS, Section 3332.26(F), Minimum side yard permitted, requires a side yard of no less than one-sixth of the height of the building for buildings over two and one-half stories in height, or 5.82 feet for a building with a height of 34.9 feet, while the applicant proposes a reduced minimum side yard of 0.17 feet along the western property line; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the request is consistent with similar residential infill developments in this area and with surrounding densities and housing types in the neighborhood; 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 1336-1338 E. FULTON ST. (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 from the provisions of Sections 3332.035, R-3 residential district; 3312.49, Required parking; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; and 3332.26(F), Minimum side yard permitted, of the Columbus City Codes; is hereby granted for the property located at 1336-1338 E. FULTON ST. (43205), insofar as said sections prohibit a three-unit dwelling in the R-3, Residential District; with a reduction in required parking from six to three spaces; reduced lot width from 50 to 33 feet; reduced lot area from 5,000 square feet to 3,894 square feet; and a reduced minimum side yard from 5.82 feet to 0.17 feet along the western property line; said property being more particularly described as follows:
1336-1338 E. FULTON ST. (43205), being 0.09± acres located on the north side of East Fulton Street, 109± feet east of Kimball Place, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
Being the parcel fronting thirty-three feet on the north side of East Fulton street in the City of Columbus, Franklin county, extending northerly across Lots Nos. 18, 17, and 16 of H.H. Kimball’s Subdivision (Plat Book No. 3, page 320) of the east half of lots numbered 21 to 25, inclusive, of John. N champion’s Subdivision of Half Section Twenty-three (23) in said City, and said parcel being a part of Lots Nos. 16, 17, and 18, located approximately sixty-three and one-half (63 ½) feet west from the east line of said lots; also known as the double residence and premises No. 1336 and 1338 East Fulton Street, of said city; ten (10) feet off of the north end of said parcel being subject to an easement for private alley purposes.
Parcel No.: 010-045443-00
Address: 1336-1338 East Fulton Street, Columbus, OH 43205.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a dwelling containing up to three units, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with both the site plan and building elevations titled, "SITE PLAN," and "ELEVATIONS," both dated September 17, 2024, and signed by Robert Ellis, the 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 three-unit dwelling.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.