Explanation
Council Variance Application: CV03-022
APPLICANT: Connie J. Klema, Atty.; P.O. Box 991; Pataskala, Ohio 43062.
PROPOSED USE: Single-family dwellings.
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VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is comprised of a parcel that is developed with a single-family dwelling and a vacant parcel. The requested variance would conform the existing single-family dwelling (994 Dennison Avenue) while allowing a two-space parking variance, and permit the construction of a new single-family dwelling with reduced development standards on the vacant parcel (1002 Dennison Avenue). This variance request repeals the condition of Ordinance # 251-93 (CV92-076) which required the combination of these tax parcels into one parcel. Variances include building setback, side yard and rear yard. A hardship exists in that a variance is necessary to conform the existing single-family dwelling and permit development of the vacant parcel that reflects the character of the surrounding neighborhood.
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; 3333.15 (c), Basis of computing area; 3333.18, Building lines; 3333.23, Minimum side yard permitted; 3333.24, Rear yard; and 3342.28, Minimum number of parking spaces required; and to repeal Section 9 of Ordinance # 251-93, passed March 15, 1993, requiring the combination of parcel numbers 010-101166 and 010-132378; for the properties located at 994 AND 1002 DENNISON AVENUE (43201), to permit single-family dwelling use with reduced development standards in the ARLD, Apartment Residential District. (Council Variance # CV03-022) (REPEALED BY ORD. 2042-2018; PASSED 7/30/18) (REPEALED BY ORD. 2082-2018; PASSED 7/30/18)
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WHEREAS, by application #CV03-022, the owner of properties at 994 AND 1002 DENNISON AVENUE (43201), is requesting a Variance to permit two single-family dwellings 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, does not permit single-family dwelling use, while the applicant proposes to conform an existing single-family dwelling (994 Dennison Avenue), and construct a new single-family dwelling (1002 Dennison Avenue) with reduced development standards on an adjacent parcel; and
WHEREAS, Section 3333.09, Area requirements, requires that no building shall be erected or altered on a lot with a width of no less than fifty (50) feet, while the applicant proposes to construct a single-family dwelling (1002 Dennison Avenue) on a lot that is 46.0 feet wide; and
WHEREAS, Section 3333.15 (c), Basis of computing area, requires that no residence building shall occupy alone or together with any other building greater than fifty (50) percent of the lot area, while the applicant will maintain the existing nonconforming lot coverage for the single-family dwelling (994 Dennison Avenue) of 52.77%; and
WHEREAS, Section 3333.18, Building lines, requires the setback to be that distance as determined where the line which connects the front of the nearest building on either side of the subject parcel, bisects the subject parcel, but in no case less than ten (10) feet, while the applicant proposes to maintain a zero (0) foot building line for the existing single-family dwelling (994 Dennison Avenue); and
WHEREAS, Section 3333.23, Minimum side yard permitted, requires a side yard of no less than five (5) feet, while the applicant proposes a three (3) foot side yard along the north property line for the proposed single-family dwelling (1002 Dennison Avenue); and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area, while the applicant proposes a 19.7 % rear yard for the existing single-family dwelling (994 Dennison Avenue), and a 13.6% rear yard for the proposed single-family dwelling (1002 Dennison Avenue); and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, while the applicant proposes no parking spaces for the existing single-family dwelling (994 Dennison Avenue); and
WHEREAS, this variance will permit two single-family dwellings with reduced development standards in the ARLD, Apartment Residential District; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the requested variance would conform an existing single-family dwelling (994 Dennison Avenue) while allowing a two-space parking variance, and permit the construction of a new single-family dwelling (1002 Dennison Avenue) with reduced development standards on a vacant parcel that reflects the character of the surrounding neighborhood. This variance request repeals the condition of Ordinance # 251-93 (CV92-076) which rquired the combination of these tax parcels into one parcel. Variances include building setback, side yard and rear yard; 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 994 AND 1002 DENNISON AVENUE (43201), in using said property as desired and; 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; 3333.11, ARLD area district requirements; 3333.15 (c), Basis of computing area; 3333. 17, Building lines; 3333.23, Minimum side yard permitted; 3333.24, Rear yard; and 3342.28, Minimum number of parking spaces; for the property located at 994 AND 1002 DENNISON AVENUE (43201), insofar as said sections prohibit single-family dwelling use for both properties, with a reduced lot width from 50 feet to 46.0 feet for 1002 Dennison Avenue, lot areas of 2,497.5 square feet for 994 Dennison Avenue and 2,115.0 square feet for 1002 Dennison Avenue when no lot area requirement is established for single-family dwellings, greater than 50% lot coverage and 0-foot building setback for 994 Dennison Avenue, reduced minimum side yard from 5 feet to 3 feet for 1002 Dennison Avenue, reduced rear yards from 25% to 19.7% for 994 Dennison Avenue and 13.6% for 1002 Dennison Avenue, and a parking space reduction from 2 spaces to 0 spaces for 994 Dennison Avenue; said properties being more particularly described as follows:
994 DENNISON AVENUE
PARCEL #1 (010-132378):
Being a part of lot 17 of a subdivision of lands belonging to the estate of Joseph R. Starr, deceased, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 229, Recorder's Office, Franklin County, Ohio, and being a part of the land conveyed by deed of record in Deed Book 206, Page 83, said Recorder's Office, and being more particularly described as follows:
Beginning at a cross cut in a concrete sidewalk in the east line of Dennison Avenue and the west line of said land conveyed by deed of record in Deed Book 206, Page 83, said cross cut being 27.10 feet northerly measured along said east line and said west line from an "l" shaped cut in a concrete step at the northeast corner of Second Avenue and Dennison Avenue, both 60 foot streets; thence from said beginning cross cut northerly along said east line and said west line a distance of 55.50 feet to an iron pin; thence easterly and parallel to the north line of Second Avenue a distance of 45.00 feet to a cross cut in a concrete wall and in the east line of said land conveyed by deed of record in Deed Book 206, Page 83; thence southerly along said east line a distance of 55.50 feet to a cross cut in a concrete wall; thence westerly and parallel to the north line of Second Avenue a distance of 45.00 feet to the place of beginning, containing 2497.5 square feet of land, more or less.
1002 DENNISON AVENUE
PARCEL #2 (010-101166):
Being part of Lot Seventeen (17) of a Subdivision of Lands belonging to the estate of Joseph R. Starr, deceased, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 229, Recorder's Office, Franklin County, Ohio, and being part of the land conveyed by deed of record in Deed Book 206, Page 83, said Recorder's Office and being more particularly described as follows:
Beginning at an iron pin in the east line of Dennison Avenue and the west line of said land conveyed by deed of record in Deed Book 206, Page 83, said iron pin being 82.60 feet northerly measured along said east line and said west line from an "L" shaped cut in a concrete step at the northeast corner of Second Avenue and Dennison Avenue, both 60 foot streets; thence from said beginning iron pin northerly along said east and west lines a distance of 46.00 feet to an iron pin; thence easterly a distance of 45.07 feet to an iron pin in the east line of said land conveyed by deed of record in Deed Book 206, Page 83, said iron pin being 130.60 feet northerly measured along said line from the north line of Second Avenue; thence southerly along said east line a distance of 48.00 feet to a cross cut in a concrete wall; thence westerly and parallel to the north line of Second Avenue a distance of 45.00 feet to the place of beginning, containing 2115 square feet of land, more or less.
SECTION 2. That the condition requiring the two parcel numbers to be combined established by Ordinance # 215-93, passed March 13, 1993, be hereby repealed.
SECTION 3. That this ordinance is conditioned on and shall remain in effect only for so long as said properties are used as single-family dwellings, or those uses permitted in the ARLD, Apartment Residential District.
SECTION 4. That this ordinance is further conditioned on the Subject Site being developed in general conformance with the site and elevation plans titled "NEW COACHOUSE RESIDENCE", drawn by Segna Associates, Inc., dated August 29, 2003, and signed by Connie J. Klema, attorney for the applicant.
SECTION 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed single-family dwelling (1002 Dennison Avenue).
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.