Explanation
Council Variance Application: CV19-131
APPLICANT: Jason Cervenec; 1805 Franklin Avenue; Columbus, OH 43205.
PROPOSED USE: Two single-unit dwellings on one lot.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a single-unit dwelling and detached garage in the R-3, Residential District. A Council variance is necessary because the current zoning district only permits single-unit dwellings, while the applicant proposes an additional dwelling unit above a new detached garage. Variances for reduced number of parking spaces, fronting, minimum and maximum side yards, and rear yard are included in this request. The site is within the planning area of the Near East Area Plan (2005), which does not contain a land use recommendation for this location, but recommends that new housing be consistent with the housing types, density, and development pattern of the neighborhood. City staff supports the requested variance as the proposal is consistent with the housing types and density in the surrounding neighborhood.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, residential district; 3312.49(C), Minimum numbers of parking spaces required; 3332.19, Fronting; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 1805 FRANKLIN AVE. (43205), to permit two single-unit dwellings on one lot with reduced development standards in the R-3, Residential District (Council Variance #CV19-131).
Body
WHEREAS, by application #CV19-131, the owner of the property at 1805 FRANKLIN AVE. (43205), 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, lists single-unit dwellings as the only permitted residential use, while the applicant proposes two single-unit dwellings on one lot; and
WHEREAS, Section 3312.49 Minimum numbers of parking spaces required, requires two parking spaces per dwelling unit, or four spaces for two dwelling units, while the applicant proposes a total of two parking spaces; and
WHEREAS, Section 3332.19, Fronting, requires a dwelling unit to have frontage on a public street, while the applicant proposes a carriage house fronting on a rear public alley; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of five feet, while the applicant proposes to conform the existing side yard of approximately 1.5 feet on the west side of the existing single-unit dwelling; and
WHEREAS, Section 3332.27, Rear yard, requires that each dwelling, residence, or other 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 no rear yard for the carriage house; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the request is consistent with the housing types and density in the surrounding neighborhood as recommended by the Near East Area Plan, and is reflective of the recent infill development pattern in urban neighborhoods; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 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 1805 FRANKLIN AVE. (43205), 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; 3312.49(C), Minimum numbers of parking spaces required; 3332.19, Fronting; 3332.26 Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 1805 FRANKLIN AVE. (43205), insofar as said sections prohibit two single-unit dwellings on one lot in the R-3, Residential District; with a parking space reduction from 4 spaces to 2 spaces; no frontage on a public street for the carriage house; a reduced minimum side yard from 5 feet to approximately 1.5 feet on the west side of the existing single-unit dwelling; and no rear yard for the carriage house; said property being more particularly described as follows:
1805 FRANKLIN AVE. (43205), being 0.20± acres located on the south side of Franklin Avenue, 250± feet east of Fairwood Avenue, and being more particularly described as follows:
The following real estate situated in the County of Franklin, in the State of Ohio, and in the City of Columbus and bounded and described as follows:
Being that portion of Lot No. One Hundred Twenty-Three (123) Lying East of a line drawn parallel to the East Line of Fairwood Avenue, and intersection the South line of Franklin Avenue 250 ft. East of the Intersection of the said East line of Fairwood Avenue and said South line of Franklin Avenue and being also that portion of Lot No. One Hundred Twenty-Four (124) lying West of a line drawn parallel with the East line of Fairwood Avenue and Intersecting the South line of Fairwood Avenue 300 ft. East of the Intersection of said South line of Franklin Avenue and the said East line of Fairwood Avenue.
Said property being the West 27 ft. frontage of Lot No. One Hundred Twenty-Four (124) and the East 23 ft. frontage of Lot no. one hundred twenty-three (123) of Theodore Rhoads’ Franklin Park Place Addition.
Also the above described property being a Lot 50’ wide facing on the south side of Franklin Avenue and known as Lot No. Thirty-Five (35) of Ickes & Lane’s Subdivision of Franklin Park Place as recorded in Plat Book 7, Page 356 of the Plat Records of Franklin County, Ohio. Also that portion of alley vacated by City of Columbus Lying East of the above described premises. Per ordinance No. 38292.
Parcel No. 010-020943-00
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two single-unit dwellings on one lot in accordance with the submitted site plans, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan and renderings titled, "1805 FRANKLIN AVE. CARRIAGE HOUSE," dated March 28, 2020, and signed by Jason Cervenec, 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 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 on the applicant obtaining all applicable permits and a Certificate 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.