Explanation
Council Variance Application: CV22-123
APPLICANT: Luis Gilberto Morquecho; 1952 Harrisburg Pike; Grove City, OH 43123.
PROPOSED USE: Two single-unit dwellings on one parcel.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling in the R-3, Residential District. The applicant received a Stop Work Order (#SRTN2201181) while attempting to convert the existing detached garage into a separate dwelling unit. This requested Council variance will permit two single-unit dwellings on one lot, which is not permitted in the R-3, Residential District. Variances to lot area, fronting, rear yard, and a reduction in required parking from four spaces to two spaces are included in this request. The site is within the Planning boundaries of the Hilltop Land Use Plan (2019), which recommends “Medium-High Density Residential” uses at this location, and includes full adoption of Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). The proposal is consistent with the land use recommendation for this location, will not add an incompatible use to the area, and will legitimize the proposed accessory rear dwelling unit, assuming all applicable permits are obtained.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3312.49, Minimum numbers of parking spaces required; 3332.13, R-3 area district requirements; 3332.19, Fronting; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 235 CLARENDON AVE. (43223), to permit two single-unit dwellings on one lot with reduced development standards in the R-3, Residential District (Council Variance #CV22-123).
Body
WHEREAS, by application #CV22-123, the owner of the property at 235 CLARENDON AVE. (43223), is requesting a Variance to permit two single-unit dwellings on one lot with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, only permits single-unit dwellings, while the applicant proposes to legitimize an accessory rear dwelling unit; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires two parking spaces per dwelling unit, or four spaces total for two units, while the applicant proposes a total of two parking space; and
WHEREAS, Section 3332.13, R-3 area district requirements, requires each single-unit dwelling to have a lot of no less than 5,000 square feet, while the applicant proposes two single-unit dwellings on one 5,120 square foot lot, or 2,560 square feet per unit; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling unit to have frontage on a public street, while the applicant proposes for the rear accessory dwelling to front on the public alley; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes no rear yard for the rear accessory dwelling; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the proposed Council variance because the proposal is consistent with the land use recommendations of the Hilltop Land Use Plan, and will not add an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the rear accessory dwelling unit; 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 235 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 from the provisions of Sections 3332.035, R-3 residential district; 3312.49, Minimum numbers of parking spaces required; 3332.13, R-3 area district requirements; 3332.19, Fronting; and 3332.27, Rear yard, of the Columbus City Codes; for the property located 235 CLARENDON AVE. (43223), insofar as said sections prohibit two single-unit dwellings on one lot in the R-3, Residential District; with a parking space reduction from four required spaces to two spaces; a reduction in lot area from 5,000 square feet to 2,560 square feet per dwelling; no frontage on a public street for the rear accessory dwelling; and no rear yard for the rear accessory dwelling; said property being more particularly described as follows:
235 CLARENDON AVE. (43223), being 0.12± acres located at the southwest corner of Clarendon Avenue and Fairfield Place, and being more particularly described as follows:
Situated in the County of Franklin in the state of Ohio and in the City of Columbus:
Being a parcel of ground 40 feet wide by 128 feet deep in length off of the eastern part of Lot Number One (1) of W.P. Ong’s Subdivision of record in Plat Book 4, Page 186, Recorder’s Office, Franklin County, Ohio, and more particularly described as follows:
Beginning at the southeast corner of said Lot Number One (1); Thence northerly along the east line of said lot, 40 feet to the northeast corner thereof; thence westerly on the north line of said lot 128 feet to a point; thence southerly parallel to the east line of said lot, 40 feet to a point in the south line of said lot; then easterly along the south line of said lot 128 feet to the place of beginning.
Parcel No.: 010-024626
Also known as: 235 Clarendon Ave., Columbus, Ohio 43223.
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 a rear accessory dwelling, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the rear accessory dwelling unit.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.