Explanation
Council Variance Application: CV23-060
APPLICANT: David Betz; 353 South Drexel Avenue; Bexley, OH 43209.
PROPOSED USE: Habitable space above a detached garage.
COLUMBUS SOUTHSIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling in the R-2F, Residential District. The applicant requests a Council variance to permit the construction of habitable space above an existing detached garage. A Council variance is necessary because the zoning code only permits habitable space above a garage when connected directly to habitable space in a dwelling. The requests also includes variances to vision clearance, building lines, maximum and minimum side yards, and garage height. Staff supports the request as the submitted elevations are consistent with Near Southside Area Plan’s (2011) design guidelines and the proposed use will not add an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.38(H), Private Garage; 3321.05(B)(1) and (2); 3332.22, Minimum building lines on corner lots; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 963 LINWOOD AVE. (43211), to allow habitable space above a detached garage with reduced development standards in the R-2F, Residential District (Council Variance #CV23-060).
Body
WHEREAS, by application #CV23-060, the owner of property at 963 LINWOOD AVE. (43211), is requesting a Council variance to allow habitable space above a detached garage with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.38(H), Private garage, requires habitable space in a garage to connect directly with habitable space in a dwelling, while the applicant proposes habitable space above a detached garage that is not connected to habitable space within the single-unit dwelling; and
WHEREAS, Section 3321.05(B)(1) and (2), Vision clearance, requires clear vision triangles of 10 feet at the intersections of streets and alleys, and 30 feet at the intersection of two streets, while the applicant proposes to maintain no vision clearance at the intersection of Columbus Street and the alley along the western property line, and encroachment of the existing dwelling into the vision clearance triangle at the intersection of Linwood Avenue and Columbus Street; and
WHEREAS, Section 3332.22(C)(3), Minimum building lines on corner lots, requires a detached garage have a minimum building line of 20 percent of the width of the lot for a total of 8 feet for a lot width of 31.7 feet, while the applicant proposes to maintain a reduced building line for a detached garage of zero feet; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to equal or exceed 20 percent of the width of the lot, a maximum requirement of 6.34 feet for a 31.7 foot wide lot, while the applicant proposes to maintain side yard reduced requirements of 4.7 feet for the existing dwelling; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of 3 feet for lots 40 feet wide or less, while the applicant proposes to maintain a minimum side yard of 2.1 feet and 2.6 feet along the southern and northern property lines of the existing single-unit dwelling, respectively; and
WHEREAS, Section 3332.38(G), Private garage, limits garage height to 15 feet, while the applicant proposes an increased garage height of 28 feet; and
WHEREAS, the Columbus Southside Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variance includes elevations that are consistent with the Near Southside Area Plan’s design guidelines and will not add an incompatible use to the area; 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 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 963 LINWOOD AVE. (43211), 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 3332.38(H), Private Garage; 3321.05(B)(1) and (2); 3332.22, Minimum building lines on corner lots; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.38(G), Private garage, of the Columbus City Codes; is hereby granted for the property located at 963 LINWOOD AVE. (43211), insofar as said sections prohibit habitable space above a detached garage that does not connect directly with habitable space within a dwelling in the R-2F, Residential District; with no clear vision triangle at Columbus Street and the public alley on the western property line, and reduced clear vision triangle at the intersection of Linwood Avenue and Columbus Street; a reduced building setback for a detached garage from 8 feet to zero feet; a reduced maximum side yard from 6.34 feet to 4.7 feet for the existing single-unit dwelling; a reduced minimum side yard from 3 feet to 2.1 feet and 2.6 feet along the southern and northern side of the existing single-unit dwelling, respectively; and an increased height of the detached garage from 15 feet to 28 feet; said property being more particularly described as follows:
963 LINWOOD AVE. (43211), being 0.09± acres located at the northwest corner of Linwood Avenue and East Columbus Street, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, State of Ohio, to-wit:
Being Lot Number One Hundred Thirty-six (136) of Jacob H. Studer's Amended Subdivision, as the same is numbered and delineated upon the recorded plat thereof as recorded in Plat Book 5, Page 294, Recorder's Office, Franklin County, Ohio.
Parcel No. 010-013359
Address: 963 Linwood Ave., Columbus, OH 43211.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as a single-unit dwelling and habitable space above a detached garage, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan and building elevations titled, "VARIANCE SITE AND BUILDING ELEVATIONS," dated September 20, 2023 and signed by David Betz, Agent for 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 use.
SECTION 5. That this ordinance is further conditioned on the following: The second floor of the garage will not be converted to, or used as, a separate dwelling unit. The second floor of the garage will have no cooking facilities.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.