Explanation
Council Variance Application: CV04-014
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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VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will permit the construction of a second dwelling on a lot developed with an existing single-family dwelling. 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 Victorian Village Commission requirements. A hardship exists in that a variance is necessary in order to permit development consistent with the surrounding character of the area.
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; 3332.27, Rear yard; and 3342.28, Minimum number of parking spaces required; of the City codes, for the property located at 1149 NEIL AVENUE (43201), to permit a second single-family dwelling (a carriage house) with reduced development standards on the rear of a lot developed with a single-family dwelling in the R-4, Residential District and to declare an emergency. (Council Variance # CV04-014)
Body
WHEREAS, by application No. CV04-014, the owner of property at 1149 NEIL AVENUE (43201), is requesting a Council Variance to permit a second single-family dwelling (a carriage house) with reduced development standards on the rear of a lot developed with a single-family dwelling in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4, Residential District use, requires a separate lot for each principal use, while the applicant proposes to construct a second dwelling on the same lot; and
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 8,927.5 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, Section 3342.28, Minimum number of parking spaces required , requires each dwelling unit to have two (2) off-street parking spaces, while the applicant proposes three (3) parking spaces for two dwellings; and
WHEREAS, this variance will permit a second single-family dwelling (a carriage house) on the rear of a lot developed with an existing single-family dwelling. 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 design will conform to the Victorian Village Commission requirements; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because a variance is necessary to permit development consistent with the area's surrounding character; 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to permit the timely receipt of building permits and construction of the proposed carriage house prior to the end of the summer building season for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 1149 NEIL AVENUE (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; 3332.27, Rear yard; and 3342.28, Minimum number of parking spaces; for the property located at 1149 NEIL AVENUE (43201), insofar as said sections prohibit a second single-family dwelling above a 1,205.8 square foot garage (a carriage house) on an 8,927.5 square foot lot with no frontage on a public street , no rear yard, and a parking space reduction from four (4) saces to three (3) spaces for both dwellings; said property being more particularly described as follows:
1149 NEIL AVENUE (43201), being 0.30± acres located on the west side of Neil Avenue, ±200 feet south of West Fourth 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 Four Hundred Twenty-one (421) of COLLINS, ATKINSON and GUITNER'S THIRD ADDITION to the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 2, page 222, 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 an existing 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 April 23, 2004 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 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.