Explanation
Council Variance Application: CV23-149
APPLICANT: Gino Cozza; 7957 North University Drive; Parkland, FL 33067
PROPOSED USE: Two separate two-unit dwellings on one lot.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of two separate two-unit dwellings on one lot in the R-3, Residential District. The requested Council variance will conform the existing use and is necessary for the applicant to obtain financing because the R-3 district only allows one single-unit dwelling on one lot as an allowable residential use. The request also includes a variance to reduce the rear yard requirements. The site is located within the planning boundaries of the Hilltop Land Use Plan (2019), which recommends “Medium-High Density Residential (16-24 du/ac)” land uses at this location, consistent with the existing use.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 385 CLARENDON AVE. (43223), to allow two separate two-unit dwellings on one lot with reduced rear yards in the R-3, Residential District (Council Variance #CV23-149).
Body
WHEREAS, by application #CV23-149, the owner of the property at 385 CLARENDON AVE. (43223), is requesting a Variance to allow two separate two-unit dwellings on one lot with reduced rear yards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, residential district, allows one single-unit dwelling on one lot, while the applicant proposes to maintain two separate two-unit dwellings on one lot; and
WHEREAS, 3332.27, Rear yard, requires that each dwelling, residence, or principal building shall be erected so as to provide a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes to maintain a reduced rear yard that is shared by both dwellings including 10 percent for the western dwelling and 15 percent for the eastern dwelling; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the proposed use is consistent with the “Medium-High Density Residential (16-24 du/ac)” land uses recommendation of the Hilltop Land Use Plan at this location; 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 385 CLARENDON AVE. (43223), in using said property as desired; 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 3332.035, R-3 residential district; and 3332.27, Rear yard; of the Columbus City Codes; for the property located at 385 CLARENDON AVE. (43223), insofar as said sections prohibit two separate two-unit dwellings on one lot in the R-3, Residential District; with a shared reduced rear yard from 25 percent to 10 percent for the western dwelling and to 15 percent for the eastern dwelling; said property being more particularly described as follows:
385 CLARENDON AVE. (43223), being 0.33± acres located on the west side of Clarendon Avenue, 90± feet south of Sheridan Street:
Situated in the State of Ohio, County of Franklin, City of Columbus,
Containing 0.329 acres of land, more or less, said 0.329 acres being part of Lot Number 6 as the same is designated and delineated upon the recorded plat of John R. Hughes Subdivision, of record in Plat Book 3, Page 156, said 0.329 acres also being all of Parcel 1 and part of Parcel 2 as the same are described in Deed of Elmer Carson and Thelma Carson, of record in Deed Book 2344, Page 36, both being of record in the Recorder’s Office, Franklin County, Ohio, said 0.329 acres being more particularly described as follows:
Beginning at an iron pin the westerly line of Clarendon Avenue (60 feet in width), the northeasterly corner of said Parcel 1, the northeasterly corner of said Lot No. 6; thence South 5 deg. 00’ East, with the westerly line of said Clarendon Avenue, the easterly line of said Parcel 1 and, in part, with the easterly line of Parcel 2, a distance of 67.65 feet to an iron pin; thence South 85 deg. 31’ West a distance of 211.64 feet to an iron pin in the westerly line of said Parcel 2; thence North 5 deg. 00’ West, with the westerly line of said Parcel 2 and in part, with the westerly line of said Parcel 1, a distance of 67.65 feet to an iron pin at the northwesterly corner of said Parcel 1, the northerly line of said Lot No. 6; thence North 85 deg. 31’ East with the northerly line of said Parcel 1, and, in part with the northerly line of said Lot No. 6, a distance of 211.64 feet to the point of beginning and containing 0.329 acres of land, more or less.
Includes structures addressed as 385-387 Clarendon Avenue and 391-393 Clarendon Avenue, Columbus, Ohio 43223.
Parcel Number: 010-009347
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two separate two-unit dwellings on one lot, or those uses allowed in the R-3, Residential District.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.