Explanation
Council Variance Application: CV25-009
APPLICANT: Matt Gabrell; 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 one parcel developed with a single-unit dwelling and a detached garage in the R-2F, Residential District. The requested Council variance will allow the construction of a new 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. Variances for a reduced minimum side yard for the detached garage and increased garage height are 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, which is inconsistent with the request. Staff recognize the Plan’s recommendation that the sustainability of each neighborhood is enhanced when a full range of housing options is provided to current and future residents as mitigating factors for support of the use.
Title
To grant a Variance from the provisions of Sections 3332.38(H), Private garage; 3332.26(E), Minimum side yard permitted, and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 239 W. COMO AVE. (43202), to allow habitable space above a detached garage with reduced development standards in the R-2F, Residential District (Council Variance #CV25-009).
Body
WHEREAS, by application #CV25-009, the owner of the property at 239 W. COMO AVE. (43202), is requesting a Variance to allow habitable space above a detached garage with reduced development standards in the R-2F, 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 3332.26(E), Minimum side yard permitted, requires a minimum distance for a garage of three feet from a side lot line, while the applicant proposes a distance of two feet from the east property line; and
WHEREAS, Section 3332.38(G), Private garage, limits garage height to 15 feet, while the applicant proposes an increased garage height of 22.33 feet; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance is consistent with the Clintonville Neighborhood Plan’s recommendations for providing more diverse housing opportunities; 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 239 W. COMO AVE. (43202), 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; 3332.26(E), Minimum side yard permitted, and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 239 W. COMO AVE. (43202), 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-2F, Residential District; a reduced minimum side yard from three feet to two feet along the east side of the garage; and an increased garage height from 15 feet to 22.33 feet; said property being more particularly described as follows:
239 W. COMO AVE. (43202), being 0.08± acres located on the south side of West Como Avenue; 40± feet west of Milton Avenue, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, and in the State of Ohio:
Being Lot Number 16 of Burn’s and Bryan’s First Subdivision to the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 10, pages 240 and 241, Recorder’s Office, Franklin County, Ohio.
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-2F, 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 "GARAGE ELEVATIONS," both dated February 17, 2025, 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.