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File #: 2314-2003    Version: 1
Type: Ordinance Status: Passed
File created: 10/7/2003 In control: Zoning Committee
On agenda: 11/10/2003 Final action: 11/12/2003
Title: To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District use; 3332.15, Area District requirements; 3332.19, Fronting on a public street; and 3332.27, Rear yard; for the property located at 929 NORTH FOURTH STREET (43201), to permit a second single-family dwelling unit (a carriage house) on the rear of a lot developed with a single-family dwelling with reduced development standards in the R-4, Residential District. (Council Variance # CV03-029)
Attachments: 1. ORD2314-2003hardship.pdf, 2. ORD2314-2003site.pdf, 3. ORD2314-2003zone.pdf, 4. ORD2314-2003gis.pdf, 5. ORD2314-2003areamap.pdf, 6. ORD2314-2003projdis.pdf, 7. ORD2314-2003labels.pdf

Explanation

 

Council Variance Application:  CV03-029

 

APPLICANT:  Connie J. Klema, Atty.; P.O. Box 991; Pataskala, Ohio 43062.

 

PROPOSED USE: A carriage house on a lot developed with a single-family dwelling.

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ITALIAN VILLAGE COMMISSION RECOMMENDATION:  Approval.

                                                                                 

CITY DEPARTMENTS' RECOMMENDATION:  Approval.  This variance will permit a second dwelling on a lot with a single-family dwelling currently under construction.  The R-4, Residential District allows up to four units in the same dwelling only.  The site plan indicates the proposed two-story structure with a single-family dwelling unit above three garage parking spaces.  Building design will conform to the Italian Village Commission requirements.  A hardship exists in that the owner committed to building a single-family dwelling in the likeness of the prior structure to preserve the architectural character of Italian Village, therefore limiting the ability to construct a larger dwelling or a two-family dwelling, which the 7,809 square foot lot could easily accommodate.  The site lies within the Italian Village East Redevelopment Plan (2000), which encourages a mix of residential and office uses along the North Fourth Street corridor while retaining all existing residential uses.

 

Title

 

To grant a Variance from the provisions of Sections 3332.039, R-4, Residential District use; 3332.15, Area District requirements; 3332.19, Fronting on a public street; and 3332.27, Rear yard; for the property located at 929 NORTH FOURTH STREET (43201), to permit a second single-family dwelling unit (a carriage house) on the rear of a lot developed with a single-family dwelling with reduced development standards in the R-4, Residential District.  (Council Variance  # CV03-029)

 

Body

 

WHEREAS, Section 3332.15, Area District requirements, requires each dwelling to have a lot of no less than 5,000 square feet, while the applicant proposes to construct a second single-family dwelling on the same 7,809 square foot lot; 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 no frontage for the second single-family 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, while the applicant proposes no rear yard for the second single-family dwelling; and

 

WHEREAS, this variance will permit a second single-family dwelling (a carriage house) on the rear of a lot with a single-family dwelling currently under construction.   The R-4, Residential District allows up to four units in the same dwelling only.  The proposed two-story structure is a single-family dwelling unit above three garage parking spaces, and building renovations will conform to the Italian Village Commission requirements; and

 

WHEREAS, the Italian Village Commission recommends approval; and

 

WHEREAS, City Departments recommend approval and note a hardship exists because a variance is necessary to permit construction of a second single-family dwelling (a carriage house), and the owner committed to building a single-family dwelling in the likeness of the prior structure to preserve the architectural character of Italian Village, therefore limiting the ability to construct a larger dwelling or a two-family dwelling, which the 7,809 square foot lot could easily accommodate.  The site lies within the Italian Village East Redevelopment Plan (2000), which encourages a mix of residential and office uses along the North Fourth Street corridor while retaining all existing residential uses; 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 929 NORTH FOURTH STREET (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 Sections 3332.039, R-4, Residential District use; 3332.15, Area District requirements; 3332.19, Fronting on a public street; and 3332.27, Rear yard; for the property located at 929 NORTH FOURTH STREET (43201), insofar as said sections prohibit a second single-family dwelling above a 1,296 square foot garage (a carriage house) on a 7,809 square foot lot with no frontage on a public street and no rear yard; said property being more particularly described as follows:

 

929 NORTH FOURTH STREET (43201), being 0.17± acres located on the west side of North Fourth Street, 144± feet south of East Second Avenue, and being more particularly described as follows:

 

Situated in the City of Columbus, in the County of Franklin, and in the State of Ohio:

 

Being Lot Number Thirteen (13) of E. Sorin's Subdivision of Lot Nos. 49, 50, 51 and 52 of William Phelan's Mount Pleasant Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, page 286, 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 a second single-family dwelling (a carriage house) on the rear of a lot developed with a single-family dwelling, or those uses permitted in the R-4, Residential District.

 

SECTION 3.  That this ordinance is further conditioned on the Subject Site being

developed in general conformance with the site and elevation plans titled "NEW

CARRIAGE HOUSE", drawn by Urban Order Architecture, dated October 15, 2003,

and signed by Connie J. Klema, attorney for the applicant.  The site shall be

developed in substantial accordance with the Site Plan submitted herewith.  The

Zoning Site Plan may be slightly adjusted to reflect engineering, topographical, or

other site data developed at the time of the development and when engineering and

architectural drawings are completed.  Any slight adjustments to the Zoning Site Plan

shall be subject to review and approval by the Director of the Department of

Development, or his designee, upon submission of the appropriate data regarding the

proposed adjustment.

 

 

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 is further conditioned upon the applicant widening the rear alley to fifteen (15) feet in accordance with Division of Transportation specifications.

 

SECTION 6.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.