Explanation
Council Variance Application: CV23-045
APPLICANT: Stephen Bollinger; c/o Dave Perry, Agent; Dave Perry Company, Inc.; 411 East Town Street, Floor 1; Columbus, OH 43215.
PROPOSED USE: Private garage.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one undeveloped parcel in the R-3, Residential District. The requested Council variance will allow a private garage as a principal use which will serve the single-unit dwelling addressed as 299 Walhalla Road to the west across Gudrun Road. A Council variance is required because the R-3 district does not permit a garage as a principal use. A variances to reduce the minimum side yard on the southwest corner of the garage is lot width, lot size, fronting and side yards are also included in this request. The site is within the planning boundaries of the Clintonville Neighborhood Plan (2009), which recommends “Single Family” land uses at this location. Staff supports the requested use as it generally consistent with the Plan’s guidelines for character, style, and measurements of nearby homes and structures.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.19, Fronting; and 3332.26, Minimum side yard permitted, of the Columbus City Codes; for the property located at 299 WALHALLA RD. (43202), to allow a private garage as a principal use with a reduced side yard reduced development standards in the R-3, Residential District (Council Variance #CV23-045).
Body
WHEREAS, by application #CV23-045, the owner of property at 299 WALHALLA RD. (43202), is requesting a Council variance to permit a private garage as a principal use with a reduced side yard reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 permitted uses, prohibits a private garage as a principal use, while the applicant proposes to develop a private garage for the sole use of the owners of the single-unit dwelling located to the west across Gudrun Road (addressed as 299 Walhalla Road) ; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a lot no less than 50 feet wide, while the applicant proposes a reduced lot width of 0 feet because the existing parcel does not front on a public street, but rather abuts two public alleys; and
WHEREAS, Section 3332.13 R-3 area district requirements, requires a lot of 5,000 square feet for a single-unit dwelling, while the applicant proposes a reduced lot of 3,049 feet for which the principal use is a detached garage; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling unit to front on a public street, while the applicant proposes a detached garage to be the sole use on a parcel that fronts on a rear public alley; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of five feet in the R-3, Residential District, while the applicant proposes a reduced side yard of between 3± and 1.5± feet at the southeast corner of the site; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because this request is consistent with the land use recommendations and site design of the Clintonville Neighborhood Plan, and does not introduce an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed garage; 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 299 WALHALLA RD. (43202), 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 3332.035, R-3 residential district; 3332.05(A)(4), Area district lot width requirements; 3332.13, R-3 area district requirements; 3332.19, Fronting; and 3332.26, Minimum side yard permitted, of the Columbus City Codes; is hereby granted for the property located at 299 WALHALLA RD. (43202), insofar as said sections prohibit primary private garage as a principal use in the R-3, Residential District; reduced lot width from 50 feet to 0 feet because the lot does not abut a public street; reduced lot size from 5,000 square feet to 3,049 square feet; no fronting for the proposed detached garage; with a reduced side yard from 5 feet to between 3± and 1.5± feet at the southeast corner of the site garage; said property being more particularly described as follows:
299 WALHALLA RD. (43202), being 0.07± acres located on the east side of Gudrun Road, directly north of the property addressed 332 Gudrun Road, and being more particularly described as follows:
Situated in State of Ohio, County of Franklin and City of Columbus and more fully described as:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Lot 134 of Walhalla Park Place Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 9, Page 16, Recorder’s Office, Franklin County Ohio and being a portion of those lands as conveyed to Barbara A. Scanlon by deed of record in Instrument Number 200803140039819, of said Recorder Office, (all reference to recorded documents are on file in said Recorder’s Office unless otherwise noted) and being more particularly bounded and described as follows:
Commencing at the intersection of the northerly right-of-way line of Gudrun Road (30 feet wide) and the easterly right-of-way line of a 20 foot wide alley as appropriated by the City of Columbus in Franklin County Court of Common Pleas Case No. 167342, recorded in Deed Book 1330 Page 282 (City of Ordinance 416-46), said point is referenced by a found railroad spike that bears North 14° 13’ 33” West, 0.37 feet from said commencing point, in the south line of said Lot 134, and the southwest corner of the Louis R. Cox 0.022 Acre tract (IN 200410140239077);
Thence, along the easterly line of said 20 foot Alley, across part of said Lot 134, and along the west line of said 0.022 Acre tract, North 16° 00’ 49” East, 68.15 feet to a found 1 inch iron pipe at a southwest corner of said Scanlon lands, and the TRUE POINT OF BEGINNING of this description;
Thence, continuing along the easterly line of said 20 foot Alley, across part of said Lot 134, and a westerly line of said Scanlon lands, North 16° 00’ 49” East, 106.79 feet to a found 1 1/4 inch iron pipe at the northwest corner of said Lot 134 and a southwesterly corner of a 15 foot Alley (Ded. P.B. 9, Pg. 16);
Thence, along the north line of said Lot 134, along the southerly line of said 15 foot Alley, and a north line of said Scanlon lands, North 86° 00’ 00” East, 38.80 feet to a set mag nail at the northwest corner of Lot 135 of said Walhalla Park Place Subdivision;
Thence, along part of the east line of said Lot 134, part of the west line of said Lot 135, and an east line of said Scanlon Lands, South 24° 17’ 55” West, 119.40 feet to the northeast corner of said 0.022 Acre tract, said corner is referenced by a found 1 inch iron pipe that bears South 47° 57’ 13” West, 0.44 feet;
Thence, across part of said Lot 134, along the north line of said 0.022 Acre tract, and a south line of said Scanlon Lands, North 79° 39’ 17” West, 19.35 feet to the place of beginning CONTAINING 0.070 ACRES (part of Auditor’s Parcel Identification Number 010-001827) subject however to all legal highways, easements, leases and restrictions of record and of records in the respective utility offices. The foregoing description was prepared from an actual field survey made by Myers Surveying Company, Inc. in May 2020. Iron pipes set are 30” x 1” O.D. with orange plastic caps inscribed “Myers P.S. 6579”. Basis of bearings is an alley along the north side Lot 134 held as North 86° 00’ 00” East per Plat Book 9, Page 16.
Address: 299 Walhalla Rd., Columbus, OH 43202
Parcel No.: 010-303217
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a private garage, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "SITE PLAN," dated August 8, 2023 and signed by Stephen Bollinger, the Applicant. The 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 plans shall be subject to review and approval by the Director of the Department Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed garage.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.