Explanation
Council Variance Application: CV23-032
APPLICANT: Eric D. Martineau; 3006 North High Street, Suite 1A; Columbus, OH 43202.
PROPOSED USE: Two-unit dwelling development.
5TH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #1950-2023; Z23-018) to the AR-1, Apartment Residential District. The requested variance will permit two separate two-unit dwellings on a single lot. Variances to lot width, building setback, parking lot screening, side and rear yards, and fronting are included. The requested variances are supportable as they do not add incompatible uses to the area, and are consistent with the established development pattern along Chesapeake Avenue.
Title
To grant a Variance from the provisions of Sections 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3312.21(D)(1), Landscaping and screening; 3333.09, Area requirements; 3333.16, Fronting; 3333.18, Building lines; 3333.23(A), Minimum side yard permitted; and 3333.24, Rear yard, of the Columbus City Codes; for the property located at 1480 CHESAPEAKE AVE. (43212), to permit two, two-unit dwellings on one lot with reduced development standards in the AR-1, Apartment Residential District (Council Variance #CV23-032).
Body
WHEREAS, by application #CV23-032, the owner of property at 1480 CHESAPEAKE AVE. (43212), is requesting a Council variance to permit two, two-unit dwellings on one lot with reduced development standards in the AR-1, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1, Apartment residential district use, does not permit more than one two-unit dwelling on a lot, while the applicant proposes to construct two separate two-unit dwellings on the same lot; and
WHEREAS, Section 3312.21(D), Landscaping and screening, requires screening of parking lots and drive aisles within 80 feet of residentially zoned districts to be five feet high and 75 percent opaque within a landscaped area of at least four feet in width, while the applicant proposes a three-foot high fence within a two-foot wide landscape buffer; and
WHEREAS, Section 3333.09, Area requirements, requires a minimum lot width of 50 feet in the AR-1, Apartment Residential District, while the applicant proposes to maintain a lot width of 40 feet; and
WHEREAS, Section 3333.16, Fronting, requires all residential buildings to front upon a public street, while the applicant proposes the rear two-unit dwelling to front upon a the rear public alley; and
WHEREAS, Section 3333.18, Building lines, requires a building line of 25 feet along Chesapeake Avenue, while the applicant proposes a reduced building line of 16 feet as displayed on the site plan; and
WHEREAS, Section 3333.23(A), Minimum side yard permitted, requires a side yard of no less than 5 feet for buildings, while the applicant proposes side yards of 4 feet, as shown on the site plan; and
WHEREAS, Section 3333.24, Rear yard, requires a rear yard of 25 percent of lot area per dwelling, while the applicant proposes a rear yard shared between the two dwellings which equals 18.19 percent of the lot area; and
WHEREAS, the 5th by Northwest Area Commission recommends approval of said zoning change; and
WHEREAS, City Departments recommend approval of the requested Council variance given the predominance of two-unit dwellings in the neighborhood, and the site design which is consistent with the development pattern along Chesapeake Avenue; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates 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 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 1480 CHESAPEAKE AVE. (43212), 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 3333.02, AR-12, ARLD and AR-1 apartment residential district use; 3312.21(D)(1), Landscaping and screening; 3333.09, Area requirements; 3333.16, Fronting; 3333.18, Building lines; 3333.23(A), Minimum side yard permitted; and 3333.24, Rear yard, of the Columbus City Codes, is hereby granted for the property located at 1480 CHESAPEAKE AVE. (43212), insofar as said sections prohibit two separate two-unit dwellings on the same lot in the AR-1, Apartment Residential District; with a reduced parking lot screening height from five feet to three feet, and a reduced buffer from four feet to two feet; a reduced lot width from 50 feet to 40 feet; no fronting upon a public street for the rear two-unit dwelling; a reduced building line from 25 feet to 16 feet; a reduced minimum side yard from five feet to four feet; and a reduced rear yard from 25 percent of lot area for each dwelling unit to 18.19 percent shared between both dwellings; said property being more particularly described as follows:
1480 CHESAPEAKE AVE. (43212), being 0.16± acres located on the North side of Chesapeake Avenue, 153± feet east of North Star Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and is bounded and described as follows:
Being Lot Number 46, of LINCOLN HEIGHTS SUBDIVISION, as the same is numbered and delineated upon the recorded plan thereof, of record in Plat Book 7, Page 250, Recorder’s Office, Franklin County, Ohio.
Parcel ID: #010-300798
Address: 1480 Chesapeake Avenue; Columbus, OH 43212.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two-unit dwelling development, or those uses permitted in the AR-1, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the plan titled, "SITE PLAN," and building elevations titled, "PROPOSED TWO-FAMILY RESIDENCE," both dated June 13, 2023, and signed by Eric Martineau, Attorney for the Applicant. The plans 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 adjustment to the plans shall be reviewed and may be approved by the Director of the Department of 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 on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed use.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.