Explanation
Council Variance Application: CV11-014
APPLICANT: Thomas R. Perrault, c/o Brad Fry, Agent; 6329 Perimeter Loop Road; Dublin, OH 43017.
PROPOSED USE: Two-unit dwelling.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This request will conform an existing two-unit dwelling in the SR, Suburban Residential District. A variance for the dwelling's non-conforming rear yard is included in the request. A Council variance is necessary because a two-unit dwelling is not a permitted use in the SR, Suburban Residential District, and a hardship exists because the non-conforming nature of the site precludes financing options. When the original building permit was issued in 1967, it was noted that the lot was zoned R-2F, Residential District in error. Staff has discovered that this same error also occurred for the two-unit dwelling immediately to the south (6093-6095 Northgap Drive) which is not part of this variance request. The two-unit dwelling has been long established on this lot, and is consistent with existing development in the surrounding residential neighborhood. Approval of this request will not add a new or incompatible use to the area. Zoning Staff believes that it would be appropriate to rezone this site and the property to the immediate south to the R-2F, Residential District, and is considering the pursuit of a City-sponsored rezoning.
Title
To grant a Variance from the provisions of Sections 3332.029, SR, Suburban Residential District; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 1187-1189 NEWBURY DRIVE (43229), to conform an existing two-unit dwelling with reduced development standards in the SR, Suburban Residential District and to declare an emergency (Council Variance # CV11-014).
Body
WHEREAS, by application No. CV11-014, the owner of property at 1187-1189 NEWBURY DRIVE (43229), is requesting a Council Variance to conform an existing two-unit dwelling with a reduced rear yard in the SR, Suburban Residential District; and
WHEREAS, Section 3332.029, SR, Suburban District, prohibits two-unit dwellings, while the applicant proposes to maintain an existing two-unit dwelling; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five percent (25%) of the total lot area, while the applicant proposes to maintain a rear yard of approximately sixteen percent (16%); and
WHEREAS, the City Departments recommend approval because this request will not add a new or incompatible use to the area. This request will conform an existing two-unit dwelling in the SR, Suburban Residential District When the original building permit was issued in 1967, it was noted that the lot was zoned R-2F, Residential District in error. The two-unit dwelling has been long established on this lot, and is consistent with existing development in the surrounding residential neighborhood; and
WHEREAS, Zoning Staff believes that it would be appropriate to rezone this site and the property to the immediate south to the R-2F, Residential District, and is considering the pursuit of a City-sponsored rezoning; 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 1187-1189 NEWBURY DRIVE (43229), in using said property as desired; and
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 3332.029, SR, Suburban Residential District; and 3332.27, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 1187-1189 NEWBURY DRIVE (43229), insofar as said sections prohibit a two-unit dwelling with a rear yard totaling approximately sixteen percent (16%); said property being more particularly described as follows:
1187-1189 NEWBURY DRIVE (43229), being 0.19± acres located at the southwest corner of Newbury Drive and Northgap Drive, 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 Nine Hundred Ninety-Five (995) in Devonshire No. 7, as same as numbered and delineated upon the recorded plat thereof; of record in Plat Book 38, Pages 44 and 45, Recorder's Office, Franklin County, Ohio.
Parcel No.: 010-144111
Known as: 1187-1189 Newbury Drive, Columbus, Ohio 43229
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a two-unit dwelling, or those uses permitted in the SR, Suburban Residential District.
SECTION 3. 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.