Explanation
Council Variance Application: CV24-115
APPLICANT: Brendan Gates; 216 Orchard Lane; Columbus, OH 43214.
PROPOSED USE: Habitable space within a detached garage.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a single-unit dwelling with a detached garage in the R-3, Residential District. The requested Council variance will allow habitable space within the detached garage. A Council variance is necessary because the zoning code only allows habitable space within a garage when connected directly to habitable space in a dwelling. A variance to increase the garage's height is also included in this request. The site is within the planning boundaries of the Clintonville Neighborhood Plan (2009), which recommends “Single Family” land uses at this location. Staff supports the request as the submitted elevation plans are consistent with the Plan’s and the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018), respectively, and the proposal will not add an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.38(H) and (G), Private garage, of the Columbus City Codes; for the property located at 216 ORCHARD LN. (43214), to allow habitable space within a detached garage with increased height in the R-3, Residential District (Council Variance #CV24-115).
Body
WHEREAS, by application #CV24-115, the owner of property at 216 ORCHARD LN. (43214), is requesting a Council variance to allow habitable space within a detached garage with increased height in the R-3, 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 within a detached garage that is not connected to habitable space within the single-unit dwelling; and
WHEREAS, Section 3332.38(G), Private garage, limits garage height to 15 feet, while the applicant proposes an increased garage height of 18.9± feet; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the requested variance includes elevations that are consistent with the design guidelines of the Clintonville Neighborhood Plan and C2P2, 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 216 ORCHARD LN. (43214), 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) and (G), Private garage, of the Columbus City Codes; is hereby granted for the property located at 216 ORCHARD LN. (43214), insofar as said sections prohibit habitable space within a detached garage that does not connect directly with habitable space within a dwelling in the R-3, Residential District; with an increased height of the detached garage from 15 feet to 18.9± feet; said property being more particularly described as follows:
216 ORCHARD LN. (43214), being 0.14± acres located on the north side of Orchard Lane, 449± feet west of Milton 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 NO. 148 OF KENWORTH PLACE, OF RECORD IN PLAT BOOK 9, PAGE 6, FRANKLIN COUNTY RECORDER’S OFFICE, CITY OF COLUMBUS, STATE OF OHIO.
Parcel No. 010-046232
Address: 216 Orchard Lane, Columbus, OH 43214
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 within a detached garage, 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 plans and building elevations titled, “SITE PLAN,” and “ELEVATIONS,” both dated October 28, 2024, and signed by Brendan Gates, 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 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 habitable space within the garage will not be converted to, or used as, a separate dwelling unit. The habitable space within 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.