Explanation
Council Variance Application: CV06-020
APPLICANT: Jeffrey J. Smith; c/o Chris Shea; 54 West Third Avenue; Columbus, Ohio 43201.
PROPOSED USE: Second single-family dwelling (carriage house) on one lot.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Disapproval. Approval. The site is developed with a single-family dwelling in the R-4, Residential District. The applicant proposes to build a carriage house above a two car garage on the rear of the property. A variance is necessary because the R-4 district does not permit more than one dwelling on the same lot. In addition to the use variance, requested variances include reductions to lot size, lot width, required side yard, rear yard, vision clearance and in the number of parking spaces from four (4) to two (2) and an increase in lot coverage. The building is proposed to be located five (5) feet from a 16" water line which runs under Hunter Avenue that was installed in 1888. Staff initially recommended approval, with the condition that the applicant negotiate a hold harmless cause for any damage to the proposed structure resulting from water line failure, repair, or replacement. The applicant is not willing to move the proposed structure away from the water line or to agree to a hold harmless cause, therefore, staff recommends disapproval. The building is proposed to be located five (5) feet east of the rear property line and approximately ten (10) feet from the water line which runs under Hunter Avenue. Staff supports the proposed use, which will not add a new or incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.029 3332.039, R-4, Residential District; 3332.05, Area district lot width requirements; 3332.15, R-4, area district requirements; 3332.18(D) Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.30, Vision clearance; 3342.28(A)(6) Minimum number of parking spaces required, for the property located at 773 DENNISON AVENUE (43215), to permit a second single-family dwelling (carriage house) and conform an existing single-family dwelling with reduced development standards on a lot zoned in the R-4, Residential District and to declare an emergency. (Council Variance #CV06-020)
Body
WHEREAS, by application No. CV06-021 CV06-020 , the owner of property at 773 DENNISON AVENUE (43215), is requesting a Council Variance to permit a second single-family dwelling (carriage house) and to conform an existing single-family dwelling on a lot with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.029 3332.039, R-4, Residential District, prohibits two single-family dwellings on one lot, while the applicant proposes to build a second single-family dwelling and conform an existing single-family dwelling on one lot; and
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; 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 single-family dwelling and construct a second single-family dwelling (carriage house) on a 27-foot wide lot; and
WHEREAS, Section 3332.15, R-4, area district requirements, requires a lot of no less than 5,000 square feet for a single-family dwelling, while the applicant proposes to maintain the existing single-family dwelling and construct a second single-family dwelling (carriage house) on a 4,331.6 square foot lot; and
WHEREAS, Section 3332.18(D), Basis of computing area, requires that no dwelling, alone or together with any other building, shall occupy greater than 50 percent of the lot area, while the applicant proposes lot coverage of 54 percent; and
WHEREAS, Section 3332.21, Building lines, requires a minimum distance from the street property line for the existing single-family dwelling and the second single-family dwelling of ten (10) feet, while the applicant proposes a building line of 0.5 feet and zero (0) feet, respectively; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to be 5.4 feet, while the applicant proposes to maintain the existing single-family dwelling with a 0.67 feet side yard; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum five (5) three (3) foot side yard along the north property, while the applicant proposes to maintain the existing single-family dwelling with a 0.67 feet side yard; 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 a rear yard of 15.2% for the existing single-family dwelling and no rear yard for the second single-family dwelling; and
WHEREAS, Section 3332.30, Vision clearance, requires a clear vision triangle at intersections, while the applicant proposes to maintain no clear vision triangle for the carriage house at the intersection of Buttles and Hunter Avenue; and
WHEREAS, Section 3342.28(A)(6), Minimum number of parking spaces required, requires two (2) parking spaces for each dwelling unit for a total of four (4) required parking spaces, while the applicant proposes a total of two (2) parking spaces; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend disapproval approval because the requested carriage house is located to close to a water line. will not add a new or incompatible use to the area. The site is developed with a single-family residence in the R-4, Residential District. The applicant proposes to build a carriage house above a two car garage on the rear of the property. A variance is necessary because the R-4 district does not permit more than one dwelling on the same lot. In addition to the use variance, requested variances include reductions to lot size, lot width, required side yard, rear yard, vision clearance and in the number of parking spaces from four (4) to two (2) and an increase in lot coverage. The building is proposed to be located five (5) feet from a 16" water line which runs under Hunter Avenue that was installed in 1888. Staff initially recommended approval, with the condition that the applicant negotiate a hold harmless cause for any damage to the proposed structure resulting from water line failure, repair, or replacement. The applicant is not willing to move the proposed structure away from the water line or to agree to a hold harmless cause, therefore, staff recommends disapproval. Staff supports the proposed use, which will not add a new or incompatible use to the area The building is proposed to be located five (5) feet east of the rear property line and approximately ten (10) feet from the water line which runs under Hunter Avenue; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 773 DENNISON AVENUE (43215), 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 3332.029 3332.039, R-4, Residential District; 3332.05, Area district lot width requirements; 3332.15, R-4, area district requirements; 3332.18(D), Basis of computing area; 3332.21, Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3332.30, Vision clearance; 3342.28(A)(6), Minimum number of parking spaces required, for the property located at 773 DENNISON AVENUE (43215), insofar as said sections prohibit two single-family dwellings on a 4,331.6 square foot lot that is 27-feet wide, with lot coverage of 54%, building lines of 0.5 feet for the existing single-family dwelling and zero (0) feet for the carriage house, a maximum side yard of 0.67 feet, a minimum side yard of 0.67 feet, a rear yard of 15.2% for the existing single-family dwelling and no rear yard for the carriage house, no vision clearance at the intersection of Buttles and Hunter Avenues and a reduction in required parking spaces from four (4) to two (2) parking spaces; said property being more particularly described as follows:
773 DENNISON AVENUE (43215), being 0.10± acres located at the northwest corner of Dennison and Buttles Avenues, and being more particularly described as follows:
Legal Description of Subject Property
Council Variance Application
773 Dennison Avenue, Columbus, Ohio 43215
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being a part of Lot Number Sixty-five (65) in NEIL PLACE ADDITION as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, Page 362, Recorder's Office, Franklin County, Ohio, and more particularly bounded and described as follows:
Beginning at a point, the southeast corner of said Lot No. 65, being also the point of intersection of west line of Dennison Avenue, with the north line of Buttles Avenue; thence west along the north line of Buttles, being the south line of said Lot No. 65, 150 feet to the west line of said Lot No. 65; thence north on the west line of said Lot No. 65, 30 feet 2 inches to a point; thence east on a line parallel with the south line of said lot; 88 feet 10 inches to a point; thence southwardly at right angles to said line, 3 feet 2 inches to a point; thence easterly on a line parallel with the north and south lines of said Lot No. 65, 61 feet 2 inches to the east line of said Lot No. 65; being the west line of Dennison Avenue; thence southwardly along the east line of said Lot 27 feet to the place of beginning, and being that part of Lot No. 65 now heretofore conveyed by deed recorded in Deed Book 215, page 55.
Parcel No.: 010-015362
Property Address: 773 Dennison Avenue, Columbus, OH 43215
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 to be consistent with the site plan and elevations titled, "SITE PLAN," signed by Chris Shea, Attorney for the Applicant, and dated July 11 August 17, 2006. Any slight adjustment to the drawing 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 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.