Explanation
Council Variance Application: CV25-038
APPLICANT: R. Scott Musuraca and Michelle Mowery; 1103 Neil Avenue; Columbus, OH 43201.
PROPOSED USE: Two single-unit dwellings on one lot.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling and an existing two-story detached garage in the R-4, Residential District. The requested Council variance will allow conversion of the second floor of the garage into a dwelling unit. A variance is required because although the R-4 district allows up to four dwelling units in one building, it does not allow two single-unit dwellings on one lot. Variances to required parking, lot coverage, lot width, lot area, fronting, and rear yard are included in this request. Staff supports the proposed variances as the request is consistent with similar proposals in the neighborhood, and the project will require a Certificate of Appropriateness for final building design from the Victorian Village Commission.
Title
To grant a Variance from the provisions of Sections 3332.039, R-4 residential district; 3312.49(C), Required parking; 3332.05(A)(4), Area district lot width requirements; 3332.15, R-4 Area district requirements; 3332.18(D), Basis of computing area; 3332.19, Fronting; 3332.25(B), Maximum side yard required; 3332.26(C), Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 1103 NEIL AVE. (43201), to allow two single-unit dwellings on one lot with reduced development standards in the R-4, Residential District (Council Variance #CV25-038).
Body
WHEREAS, by application #CV25-038, the owner of property at 1103 NEIL AVE. (43201), is requesting a Council variance to allow two single-unit dwellings on one lot with reduced development standards in the R-4, Residential District; and
WHEREAS, Section 3332.039, R-4 residential district, allows up to four dwelling units in one building, while the applicant proposes a single-unit dwelling above a detached garage (carriage house) on a lot developed with a single-unit dwelling; and
WHEREAS, Section 3312.49(C), Required parking, requires two parking spaces for each dwelling, for a total of four parking spaces, while the applicant proposes three parking spaces; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet in the R-2F, Residential District, while the applicant proposes to maintain a reduced lot width of 35 feet; and
WHEREAS, Section 3332.15, R-4 area district requirements, requires 5,000 square feet of lot area per dwelling unit for a single-unit dwelling, while the applicant proposes two single-unit dwellings on one lot containing 2,932 square feet (1,466 square feet per dwelling unit), pursuant to the lot area calculation in Section 3332.18(C); and
WHEREAS, Section 3332.18(D), Basis of computing area, requires a dwelling hereafter erected to occupy alone or together with any other building no greater than 50 percent of the lot area; while the proposed carriage house and existing dwelling will occupy 50.02 percent of the lot area; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling unit to have frontage on a public street, while the applicant proposes a carriage house to front on a public alley; and
WHEREAS, Section 3332.25(B), Maximum side yard required, requires a maximum side yard of 20 percent of the lot width, or seven feet for a lot width of 35 feet, while the applicant proposes no maximum side yard for the proposed carriage house; and
WHEREAS, Section 3332.26(C), Minimum side yard permitted, requires that the minimum side yard be no less than five feet, while the applicant proposes no side yards for the proposed carriage house; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area for each dwelling, while the applicant proposes no rear yard for the proposed carriage house; and
WHEREAS, the Victorian Village Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variances are consistent with similar proposals for carriage houses in the neighborhood, and will require a Certificate of Appropriateness from the Victorian Village Commission for final building design; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed carriage house dwelling; 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 1103 NEIL AVE. (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; 3312.49(C), Required parking; 3332.05(A)(4), Area district lot width requirements; 3332.15, R-4 Area district requirements; 3332.18(D), Basis of computing area; 3332.19, Fronting; 3332.25(B), Maximum side yard required; 3332.26(C), Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; is hereby granted for the property located at 1103 NEIL AVE. (43201), insofar as said sections prohibit two single-unit dwellings on one lot in the R-4, Residential District, with a reduction in required parking from four to three spaces; reduced lot area from 5,000 square feet per dwelling to 1,466 square feet per dwelling; increased lot coverage from 50 percent to 50.02 percent; no frontage on a public street for the rear dwelling; reduced maximum side yard from seven feet to zero feet for the carriage house; reduced minimum side yards from five feet to zero feet for the carriage house; and no rear yard for the proposed carriage house; said property being more particularly described as follows:
1103 NEIL AVE. (43201), being 0.10± acres located on the west side of Neil Avenue, 73± feet north of West 3rd Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus.
Being Lot Number Three (3) of John D. Hogan’s Subdivision of Lots Numbers Four Hundred Twenty-six (426), Four Hundred Twenty-seven (427), Four Hundred Twenty-eight (428) of Collins, Atkinson’s & Guitner’s Addition to the City of Columbus, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, page 77, Recorder’s Office, Franklin County, Ohio.
Parcel No.: 010-045477
Address: 1103 Neil Avenue, Columbus, Ohio, 43201
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used as two single unit dwellings, or those uses allowed in the R-4, Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed carriage house dwelling.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.