Explanation
Council Variance Application: CV19-075
APPLICANT: Juliet Bullock Architects; 1182 Wyandotte Road; Columbus, OH 43212.
PROPOSED USE: Two single-unit dwellings on one lot.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a two-unit dwelling in the ARLD, Apartment Residential District. The applicant intends to convert the original structure to a single-unit dwelling and the requested Council variance will permit the addition of a carriage house on the property. The request includes variances to area district requirements, fronting on a public street, side yards, and rear yard requirements. The site is within the planning area of the Near East Area Plan (2005), which does not recommend a land use for this location but recommends that new housing be consistent with the housing types, density, and development pattern of the neighborhood. City staff supports the requested variance as the proposal is consistent with the housing types and density along Oak Street.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD, and AR-1, apartment residential district use; 3333.09, Area requirements; 3333.16, Fronting; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; and 3333.24, Rear yard, of the Columbus City Codes; for the property located at 1285 OAK ST. (43205), to permit a single-unit dwelling (a carriage house) on the rear of a lot developed with a single-unit dwelling with reduced development standards in the ARLD, Apartment Residential District (Council Variance #CV19-075) and to declare an emergency.
Body
WHEREAS, by application #CV19-075, the owner of the property at 1285 OAK ST. (43205), is requesting a Variance to permit a single-unit dwelling and a carriage house dwelling on the same 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, requires a separate lot for each principal use, while the applicant proposes to build a single-unit dwelling above a detached garage (carriage house) on the rear of a lot developed with a single-unit dwelling;
WHEREAS, Section 3333.09, Area requirements, requires that no building shall be erected or altered on a lot with a width of less than 50 feet, while the applicant proposes to maintain the existing lot width of 36 feet; and
WHEREAS, Section 3333.16, Fronting, requires each dwelling unit to have frontage on a public street, while the applicant proposes a carriage house fronting on a rear public alley; and
WHEREAS, Section 3333.22, Maximum side yard required, requires that the sum of the widths of each side yard shall equal or exceed 20 percent of the width of the lot, provided that no more than 16 feet need be so devoted, while the applicant proposes to maintain a reduced total side yard from 7.2 to 7.1 feet for the existing single-unit dwelling, and proposes a reduced total side yard from 8.4 to 4.25 feet for the new carriage house; and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a side yard of no less than 5 feet, while the applicant proposes to maintain a 9.6 inch side yard along the eastern property line for the existing single-unit dwelling, and proposes a reduced side yard of 11 inches along the western property line and 3.33 feet for the eastern property line for the new carriage house; and
WHEREAS, Section 3333.24, Rear yard, requires that each dwelling, apartment house, or other 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 no rear yard for the new carriage house; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance will permit residential development that is consistent with the housing types, density and development pattern found along Oak Street; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates 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 1285 OAK ST. (43205), in using said property as desired;
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3333.09, Area requirements; 3333.16, Fronting; 3333.22, Maximum side yard required; 3333.23, Minimum side yard permitted; and 3333.24, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 1285 OAK ST. (43205), insofar as said sections prohibit two single-unit dwellings on the same lot in the ARLD, Apartment Residential District; with a reduced lot width from 50 feet to 36 feet; no frontage on a public street for the rear carriage house dwelling; reduced maximum side yard from 7.2 feet to 7.1 feet for the existing single-unit dwelling, and from 8.4 feet to 4.25 feet for the new carriage house; reduced minimum side yards from 5 feet to 9.6 inches along the eastern property line for the existing single-unit dwelling, and to 11 inches along the western property line and 3.33 feet along the eastern property line for the new carriage house; and no rear yard for the new carriage house; said property being more particularly described as follows:
1285 OAK ST. (43205), being 0.12± acres located on the south side of Oak Street, 105± feet east of Wilson Avenue, and being more particularly described as follows:
TRACT 1
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN AND IN THE CITY OF COLUMBUS, AND BOUNDED AND DESCRIBED AS FOLLOWS BEING LOT NO. FIVE (5), OF MAGREW AND BLOSES SUBDIVISION OF LOTS NUMBER TWENTY EIGHT, TWENTY NINE, THIRTY AND THIRTY ONE (28 TO 31 INCL.) OF HORACE WILSON AND E.P. SHARPS ADDITION TO THE SAID CITY, AS THE SAME IS NUMBERED AND DELINEATED, UPON THE RECORDED PLAT THEREOF OF RECORD IN PLAT BOOK 4, PAGE 408, RECORDERS OFFICE, FRANKLIN COUNTY, OHIO.
TRACT 2
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, AND BEING PART OF A 12 FOOT WIDE ALLEY LOCATED EAST OF WILSON AVENUE (60 FEET WIDE) AND SOUTH OF OAK STREET (50 FEET WIDE) DEDICATED TO THE CITY OF COLUMBUS IN MAGREW & BLOSES SUBDIVISION, PLAT BOOK 4, PAGE 407, FRANKLIN COUNTY REORDERS OFFICE ALL RECORDS REFERRED TO ARE THOSE OF RECORD IN FRANKLIN COUNTY RECORDERS OFFICE
BEGINNING AT AN IRON PIN SET AT THE NORTHWEST CORNER OF LOT 5 OF SAID MAGREW & BLOSES SUBDIVISON, BEING THE INTERSECTION OF THE EAST LINE OF THE SAID 12 FOOT WIDE ALLEY AND THE SOUTH LINE OF THE SAID OAK STREET, THENCE S 00 5134 W, 135.00 FEET, ALONG THE WEST LINE OF THE SAID LOT 5 AND THE EAST LINE OF THE SAID 12 FOOT WIDE ALLEY, TO A SET IRON PIN, BEING THE SOUTHWEST CORNER OF THE SAID LOT 5 AND THE INTERSECTION OF THE EAST LINE OF THE SAID 12 FOOT WIDE ALLEY AND THE NORTH LINE OF A 20 FOOT WIDE ALLEY, THENCE DUE WEST, 12.00 FEET, ALONG THE NORTH LINE OF THE SAID 20 FOOT WIDE ALLEY, TO A SET IRON PIN, BEING THE SOUTHEAST CORNER OF LOT 4 OF THE SAID MAGREW & BLOSES SUBDIVISION AND THE INTERSECTION OF THE WEST LINE OF THE SAID 12 FOOT WIDE ALLEY AND THE NORTH LINE OF THE SAID 20 FOOT WIDE ALLEY, THENCE N 00 5134 E, 67.00 FEET, ALONG THE EAST LINE OF THE SAID LOT 4 AND THE EAST LINE OF LOT 3 OF THE SAID MAGREW & BLOSES SUBDIVISION, AND THE WEST LINE OF THE SAID 12 FOOT WIDE ALLEY, TO A SET IRON PIN, BEING THE NORTHEAST CORNER OF THE SAID LOT 3 AND THE SOUTHEAST CORNER OF LOT 2 OF THE SAID MAGREW & BLOSES SUBDIVISION, THENCE S 89 0826 E, 6.00 FEET, CROSSING THE SAID 12 FOOT WIDE ALLEY, TO A SET IRON PIN IN THE CENTERLINE OF THE SAID 12 FOOT WIDE ALLEY THENCE N 00 5134 E, 68.09 FEET, ALONG THE CENTERLINE OF THE SAID 12 FOOT WIDE ALLEY, TO A SET IRON PIN, BEING A POINT IN THE SOUTH LINE OF THE SAID OAK STREET THENCE DUE EAST, 6.00 FEET, ALONG THE SOUTH LINE OF THE SAID OAK STREET AND THE NORTH LINE OF THE SAID 12 FOOT WIDE ALLEY, TO THE POINT OF BEGINNING, CONTAINING 1212 SQUARE FEET OR 0.028 ACRES, ACCORDING TO A SURVEY BY J & J SURVEYING ON MAY 28TH, 2002 THE BASIS OF BEARINGS IS THE CENTERLINE OF OAK STREET AS BEING DUE EAST, ASSUMED, AND IS USED TO DENOTE ANGLES ONLY. ALL IRON PINS SET ARE 5/8 IN DIAMETER, 30 LONG, WITH A CAP STAMPED J&J SURVEYING. RAYMOND J. WOOD, REGISTERED PROFESSIONAL SURVEYOR NO. 7745.
PROPERTY ADDRESS 1285-1287 OAK STREET, COLUMBUS, OHIO 43205
PPN 010-000484-00
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 a carriage house on the same lot in accordance with the submitted site plan, or those uses permitted 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 titled, "1285 OAK STREET," dated October 14, 2019, and signed by Juliet Bullock, 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 on the removal of the existing access point to Oak Street.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.