Explanation
Council Variance Application: CV18-007
APPLICANT: Carson Thrush; 867 Neil Avenue; Columbus, OH 42315.
PROPOSED USE: A carriage house on a lot developed with a single-unit dwelling.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of an existing single-unit dwelling and detached garage, and is zoned in the R-4, Residential District. The requested Council variance will permit the space above the existing three-car garage to be converted into a dwelling unit (carriage house), as well as conform existing site conditions. Variances for area district requirements, fronting, maximum and minimum side yards, and rear yard are requested. Additionally, the applicant is requesting a parking space reduction of one required space (from 4 to 3). Staff supports the proposal because the request will not add incompatible uses to the area as there are other carriage houses within this neighborhood. The request is consistent with the recent development pattern in historic urban neighborhoods, and building design will conform to the Victorian Village Commission requirements. A survey is included with the ordinance attachments to depict the existing site conditions.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4 residential district; 3312.49(C) Minimum numbers of parking spaces required; 3332.05, Area district lot width requirements; 3332.15 R-4 area district requirements; 3332.19, Fronting on a public street; 3332.25(B), Maximum side yards required; 3332.26(C)(1), Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 867 NEIL AVENUE (43215), 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 R-4, Residential District (Council Variance # CV18-007) and to declare an emergency.
Body
WHEREAS, by application #CV18-007, the owner of the property at 867 NEIL AVENUE (43215), is requesting a Council variance to permit a single-unit dwelling above a garage (a carriage house) on the rear of a lot developed with a single-unit dwelling, with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4 residential district, permits a maximum of four units in one building, but does not permit two separate dwellings on one lot, while the applicant proposes to construct a rear single-unit dwelling above a detached garage (a carriage house) on a lot developed with a single-unit dwelling; and
WHEREAS, Section 3312.49(C) Minimum numbers of parking spaces required, requires 2 parking spaces per dwelling unit, or 4 spaces total for the two single-unit dwellings, while the applicant proposes 3 parking spaces; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a lot no less than 50 feet wide, while the applicant proposes to maintain the existing forty (40) foot wide lot; and
WHEREAS, Section 3332.15 R-4 area district requirements, requires a lot of 5,000 square feet for a single-unit dwelling, while the applicant proposes to maintain an existing single-unit dwelling and construct a second single-unit dwelling (a carriage house) on a lot that is approximately 6,570 square feet (3,285 square feet per dwelling unit); and
WHEREAS, Section 3332.19, Fronting on a public street, requires a 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 3332.25(B), Maximum side yards required, requires the sum of the widths of each side yard to equal or exceed 20 percent of the width of the lot, or 8 feet for a lot width of 40 feet, while the applicant proposes a reduced maximum side yard of 4.6 feet for the existing dwelling, and 5.5 feet for the rear carriage house dwelling; and
WHEREAS, Section 3332.26(C)(1), Minimum side yard permitted, requires a minimum side yard of 3 feet on a lot width of 40 feet or less, while the applicant proposes to maintain side yards of 2.8 and 1.8 feet along the northern and southern property lines, respectively, for the existing single-unit dwelling, and of 2.3 feet along the southern property line for the rear carriage house dwelling; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five (25) percent of the total lot area for each dwelling, while the applicant proposes no rear yard for the rear carriage house dwelling; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested variances because the proposal will not add incompatible uses to the area as there are other carriage houses within this neighborhood. The request is consistent with the recent development pattern in historic urban neighborhoods, and building design will conform to the Victorian Village Commission requirements; 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 867 NEIL AVENUE (43215), 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 is hereby granted from the provisions of Sections 3332.039, R-4 residential district; 3312.49(C) Minimum numbers of parking spaces required; 3332.05, Area district lot width requirements; 3332.15 R-4 area district requirements; 3332.19, Fronting on a public street; 3332.25(B), Maximum side yards required; 3332.26(C)(1), Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 867 NEIL AVENUE (43215), insofar as said sections prohibit two single-unit dwellings on the same lot in the R-4, Residential District; with a reduced lot width from 50 to 40 feet; a reduced lot area requirement from 5,000 square feet per dwelling unit to 3,285 square feet; no frontage on a public street for the rear carriage house dwelling; reduced maximum side yard from 8 to 4.6 feet for the existing dwelling, and 5.5 feet for the rear carriage house dwelling; reduced minimum side yards from 3 feet to 2.8 and 1.8 feet along the northern and southern property lines, respectively, for the existing single-unit dwelling, and to 2.3 feet along the southern property line for the rear carriage house dwelling; and a reduced rear yard from 25 percent to 0 percent for the rear carriage dwelling; said property being more particularly described as follows:
867 NEIL AVENUE (43215), being 0.14± acres located on the west side of Neil Avenue, 33.75± feet south of Wilber Avenue, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio and the City of Columbus:
Being Lot Number Two (2) in DAVID PRICE'S SUBDIVISION, 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.
Parcel No: 010-045340
Known as address: 867 Neil Avenue, Columbus, OH 43201
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a single-unit dwelling and a rear single-unit carriage house, or those uses permitted in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. 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.