Explanation
Council Variance Application: CV23-040
APPLICANT: Jalyne Coles; c/o Fred Hutchison, Architect; 1166 Bryden Rd.; Columbus, OH 43205.
PROPOSED USE: Habitable space above a detached garage.
NORTH CENTRAL AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a single-unit dwelling in the R-2, Residential District. A newly constructed detached garage was permitted on May 11, 2022, as a gabled-roof garage with a height of 15 feet (ALTR2219181), with a subsequent revision approved on January 11, 2023, allowing flat roof garage (PLRE2246619). The requested Council variance will permit the addition of habitable space above the detached garage. A variance is necessary because habitable space above a garage is only permitted when connected directly to habitable space in a dwelling. Included in the request is a variance to increase the height of the garage from 15 feet to 22 feet. Staff supports the proposed use and variances as the single-unit dwelling is consistent with the North Central Plan’s residential land use recommendation, and the garage with habitable space will not add an incompatible use.
Title
To grant a Variance from the provisions of Sections 3332.38(H), Private garage; 3312.13, Driveway; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 2354 DUNNING CT. (43219), to permit habitable space above a detached garage with an increased height in the R-2, Residential District and to declare an emergency. (Council Variance #CV23-040).
Body
WHEREAS, by application #CV23-040, the owner of the property at 2354 DUNNING CT. (43219), is requesting a Variance to permit habitable space above a detached garage with an increased height in the R-2, 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 above a newly constructed detached garage that is not directly connected to habitable space in the single-unit dwelling; and
WHEREAS, Section 3312.13, Driveway, requires a minimum driveway width of 10 feet, while the applicant proposes to maintain the existing reduced driveway width of approximately 9.2 feet along the east side of the dwelling; and
WHEREAS, Section 3332.38(G), Private garage, limits garage height to 15 feet, while the applicant proposes an increased garage height of 22 feet; and
WHEREAS, the North Central Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the request will not add an incompatible use to the area; 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 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 2354 DUNNING CT. (43219), in using said property as desired; now, therefore:; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus on that it is immediately necessary to pass this ordinance due to the need for the homeowner to re-start construction as soon as possible in order to protect construction work already in place 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 3332.38(H), Private garage; 3312.13, Driveway; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 2354 DUNNING CT. (43219), insofar as said sections prohibit habitable space above a detached garage that does not connect directly with habitable space in a dwelling in the R-2, Residential District; a reduced driveway width from 10 feet to approximately 9.2 feet along the east side of the dwelling; and an increased garage height from 15 feet to 22 feet; said property being more particularly described as follows:
2354 DUNNING CT. (43219), being 0.13± acres located on the north side of Dunning Court, 300± feet east of Dunning Road, 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 Two Hundred‐Eleven (211), of BRITTANY HILLS NO. 2, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 42, Page 9, Recorder’s Office, Franklin County, Ohio
Parcel No. 010‐153164
Known As 2354 Dunning Court, Columbus, OH 43219
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a single-unit dwelling with habitable space above a detached garage, or those uses permitted in the R-2, Residential District.
SECTION 3. That this ordinance is further conditioned on the following: The second floor of the garage will not be converted to, or used as, a separate dwelling unit. The second floor of the garage will have no cooking facilities.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates 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.
SECTION 5. 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.