Explanation
Council Variance Application: CV24-098
APPLICANT: David & Danielle Culbertson; c/o Brenda Parker, Agent; 405 North Front Street; Columbus, OH 43215
PROPOSED USE: Habitable space above a detached garage.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a single-unit dwelling zoned in the R-3, Residential District. The requested Council variance will allow the construction of a detached garage with habitable space located above. A Council variance is required because habitable space above a garage is only allowed when connected directly to habitable space within a dwelling. A variance for increased garage height is also included in this request. The site is located within the planning boundaries of the Clintonville Neighborhood Plan (2009), which recommends “Single Family” land uses at this location. Staff notes the lack of rear alley access and street parking available to the site, and finds the proposed detached garage to be consistent with the Plan’s residential design guidelines in terms of architectural character, location, and size, and are thus supportive of the variance request.
Title
To grant a Variance from the provisions of Sections 3332.38(H), Private garage; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 138 E. NORTH BROADWAY (43214), to allow habitable space above a detached garage with increased garage height in the R-3, Residential District (Council Variance #CV24-098).
Body
WHEREAS, by application #CV24-098, the owner of the property at 138 E. NORTH BROADWAY (43214), is requesting a Variance to allow habitable space above a detached garage with increased garage 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 above a detached garage that is not connected to habitable space within the existing 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 23.75 feet; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, City Departments recommend approval of the requested Council variance because the proposed site design is consistent with the design guidelines of the Clintonville Neighborhood Plan; 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 138 E. NORTH BROADWAY (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 is hereby granted from the provisions of Sections 3332.38(H), Private garage; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 138 E. NORTH BROADWAY (43214), insofar as said sections prohibit habitable space above a detached garage that does not connect directly with habitable space in a dwelling in the R-3, Residential District; and an increased garage height from 15 feet to 23.75 feet; said property being more particularly described as follows:
138 E. NORTH BROADWAY (43214), being 0.53± acres located on the north side of East North Broadway, 705± feet east of Broadway Place, and being more particularly described as follows:
Situated in the State of Ohio, the County of Franklin, and in the City of Columbus:
Being 100 feet off of the east side of Lot No. 24, of Loren and Dennison’s Subdivision, Plat Book 4, page 370, and being more particularly described as follows:
Beginning at a stake at the Southeast corner of said Lot No. 24, thence westerly 100 feet to a stake; thence northerly parallel to the east line of said Lot No. 24, 261.5 feet to a stake in the north line of said lot, then easterly with said north line 100 feet to the northeast corner of said lot, thence southerly with the east line of said lot 261.5 feet - to the beginning. Excepting therefrom, however, 12 feet off of the west side of said tract of land which said 12 feet have heretofore been conveyed by James B Haugh and Julia Haugh to Raleigh Deckard and Martha Decard by deed dated March 13, 1918.
Parcels: 010-021757-00 & 010-017926-00
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 detached garage with habitable space above, or those uses allowed 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 titled "SITE PLAN," and building elevations titled "EXTERIOR ELEVATIONS," both dated October 1, 2024, and drawn and signed by Brenda Parker, Agent 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 adjustments to the plans shall be subject to review and approval 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 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 second floor of the garage will not be converted to, or used as, a separate dwelling unit. The second floor of 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.