Explanation
Council Variance Application: CV03-019
HONORABLE MEMBERS OF COUNCIL: The attached legislation is submitted for Council action.
APPLICANT: Douglas Aschenbach; 861 Neil Avenue Avenue; Columbus, Ohio 43215.
PROPOSED USE: To permit a separate carriage house dwelling with an existing two-family dwelling on one lot in the R-4, Residential District.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant proposes to construct a carriage house on a lot developed with an existing two-family dwelling. A variance is necessary to permit two separate dwellings on a single lot within the R-4, Residential District and to reduce the minimum number of required parking spaces from six (6) to three (3). Building design will conform to the Victorian Village architectural review requirements. A hardship exists because this proposal is consistent with existing development in the immediate neighborhood and although the R-4 District allows one through four-unit dwellings, only the variance process can permit two dwellings on the same lot as proposed.
Title
To grant a Variance from the provisions of Section 3332.039, R-4, Residential District; 3332.15, Area District requirements; 3332.19, Fronting; 3332.26, Minimum side yard permitted; 3332.27, Rear Yard; and 3332.28 Side or rear yard obstruction; for the property located at 861 Neil Avenue (43215), to permit two dwellings on one residential lot in the R-4, Residential District (Council Variance # CV03-019).
Body
WHEREAS, by application No. CV03-019, the owner of property at 861 Neil Avenue (43215), is requesting a Council Variance to permit a carriage house type dwelling with an existing two-family dwelling on one residential lot in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential District, states that no building or lot shall be used and no building shall be erected or altered which is arranged, intended or designed to be used for other than one one-, two-, three-, or four-family dwelling located on a lot of record, while the applicant proposes to establish two dwellings containing a total of three dwelling units on the same lot; and
WHEREAS, Section 3332.15, Area District requirements, states that a two story, two-family dwelling or other principal building shall be situated on a lot of no less than six thousand (6,000) square feet in area and a single-family dwelling shall be situated on a lot of no less than five thousand (5,000) square feet in area, while the applicant proposes to construct an additonal carriage house-type dwelling with an existing two-family dwelling on the same 40 X 150 foot lot; and
WHEREAS, Section 3332.19, Fronting, requires frontage upon a public street for each dwelling or building, while the proposed carriage house will have no frontage; and
WHEREAS, Section 3332.27, Rear Yard, requires open space reserved for rear yard for each dwelling, while the applicant proposes no rear yard for the carriage house-type dwelling; and
WHEREAS, Section 3342.28 Mimimum number of parking spaces required, requires a minimum of two parking spaces for each dwelling unit, while the applicant proposes one parking space per dwelling unit; and
WHEREAS, this variance will allow the applicant to construct a carriage house on a lot developed with an existing two-family dwelling. A variance is necessary to permit two separate dwellings on a single lot within the R-4, Residential District and to reduce the minimum number of required parking spaces from six (6) to three (3). Building design will conform to the Victorian Village architectural review requirements. A hardship exists because while this proposal is consistent with existing development in the immediate neighborhood and the R-4 District allows one through four-unit dwellings, only the variance process can permit two dwellings on the same lot as proposed; and
WHEREAS, the Victorian Village Area Commision recommends approval; and
WHEREAS, City Departments note a hardship exists and recommend approval because this development is consistent with existing development in the immediate neighborhood and approval requires the variance process; 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 861 Neil Avenue (43201), 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 Section 3332.039, R-4, Residential District; 3332.15, Area District requirements; 3332.19, Fronting; 3332.27, Rear Yard; and 3342.28 Minimum required parking spaces; of Columbus City Codes are hereby granted for the property located at 861 Neil Avenue (43215), insofar as said sections prohibit two dwellings on one 40 X 150 foot residential lot; and reduce the frontage requriement by allowing one dwelling to front an alley, eliminate the rear yard requirement by varying the district's permitted use to permit two dwellings on one lot, and require one parking space per dwelling unit instead of two, said property being more particularly described as follows:
861 Neil Avenue Legal Description -
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number One Hundred Eighty-Five (185), in Jane M. Neil's Second Neil Place Addition to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, page 203, Recorder's Office, Franklin County, Ohio.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two dwellings on one residential lot, or those uses permitted in the R-4, Residential District.
Section 3. That this ordinance is further conditioned on general compliance with drawings titled "ASCHENBACH RESIDENCE" and "SITE PLAN", signed by John Behal, agent for applicant, and dated August 18, 2003.
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.