Explanation
Council Variance Application: CV24-147
APPLICANT: Sergio Francisco Perez; 460 South Powell Avenue; Columbus, OH 43204
PROPOSED USE: Habitable space within a detached garage.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a single-unit dwelling in the R-3, Residential District. The requested Council variance will allow habitable space within a detached garage. A Council variance is required because the R-3 district does not allow habitable space within a detached garage, unless connected directly to habitable space in the dwelling. Variances to garage height, and to reduce the number of required parking spaces from two to one are also included in this request. The site is located within the planning boundaries of the Greater Hilltop Land Use Plan (2019), which recommends “Medium-High Density Residential (16-24 du/ac)” land uses at this location. Staff are supportive as the proposal is consistent with the Plan’s recommendation and compatible with the surrounding neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.38(G), Garage height; 3332.38(H), Private garage; and 3312.49, Required parking, of the Columbus City Codes; for the property located at 460 S. POWELL AVE. (43204), to allow habitable space within a detached garage with reduced development standards in the R-3, Residential District (Council Variance #CV24-147).
Body
WHEREAS, by application #CV24-147, the owner of the property at 460 S. POWELL AVE. (43204), is requesting a Variance to allow habitable space within a detached garage with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.38(H), Private garage, requires habitable space in a garage to connect directly with habitable space in a dwelling, while the applicant proposes habitable space within a detached garage that is not connected to habitable space within the existing single-unit dwelling; and
WHEREAS, Section 3332.38(G), Private garage, limits garage height to 15 feet, while the applicant proposes an increased garage height of 18 feet; and
WHEREAS, Section 3312.49(C), Required parking, requires two parking spaces per dwelling unit, while the applicant proposes one parking space; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance is consistent with the Hilltop Land Use Plan’s recommendation and compatible with the surrounding neighborhood; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 variances 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 variances will alleviate the difficulties encountered by the owners of the property located at 460 S. POWELL AVE. (43204), in using said property as desired; 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 3332.38(G), Private garage; 3332.38(H), Private garage; and 3312.49(C), Required parking, of the Columbus City Codes; for the property located at 460 S. POWELL AVE. (43204), insofar as said sections prohibit habitable space within a detached garage that does not connect directly with habitable space within a dwelling in the R-3, Residential District; increased height of the detached garage from 15 feet to 18 feet; and a reduction in required parking from two spaces to one space; said property being more particularly described as follows:
460 S. POWELL AVE. (43204), being 0.10± acres located on the east side of South Powell Avenue, 33± feet north of Roland Sunker Place, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio, and in the City of Columbus, and being described as follows:
Being Lot Number Three Hundred Eight (308) of Camp Chase Heights Addition, as the same is numbered and delineated upon the recorded plat thereof, of record, in Plat Book 7, Page 104, Recorder’s Office, Franklin County, Ohio.
Address: 460 South Powell Avenue, Columbus, OH 43204
Parcel: 010-043748
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for habitable space within a detached garage, or those uses allowed in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance is further conditioned on the following: The detached garage will not be converted to, or used as, a separate dwelling unit.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.