Explanation
Council Variance Application: CV10-003
APPLICANT: Jimmy Francis; 529 South Lazelle Street, Unit C; Columbus, OH 43206.
PROPOSED USE: Three-unit dwelling.
GERMAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a Council variance to conform an existing three-unit dwelling in the R-2F, Residential District. Variances for area and yard standards and a three-space parking reduction are included in the request. The site was part of an area-wide City-sponsored rezoning of German Village that rendered the use non-conforming. A hardship exists because the non-conforming nature of the site inhibits the owners from selling their units, refinancing, or making improvements to the structure. The three-unit dwelling has been long established on this lot, and is consistent with existing development in the surrounding residential neighborhood. Approval of this request will not add a new or incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District; 3332.05, Area district lot width requirements; 3332.14, R-2F area district requirements; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.18, Parking setback line; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes, for the property located at 529 SOUTH LAZELLE STREET (43206), to conform an existing three-unit dwelling with reduced development standards in the R-2F, Residential District (Council Variance #CV10-003).
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WHEREAS, by application #CV10-003, the owners of property at 529 SOUTH LAZELLE STREET (43206), are requesting a Variance to permit an existing three-unit dwelling with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F residential district, prohibits three-unit dwellings, while the applicant proposes to make an existing three-unit dwelling a conforming use on the property; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a minimum lot width of fifty (50) feet in the R-2F, Residential District, while the lot is 31.42 feet wide; and
WHEREAS, Section 3332.14, R-2F area district requirements, requires a lot of no less than 3,000 square feet per dwelling, while the applicant proposes to maintain an existing three-family dwelling on a 3,541 square foot lot (1 dwelling per 1,180.3 square feet); and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to be 6.28 feet, while the applicant proposes a 2.77 foot maximum side yard to be for the existing dwelling and parking spaces; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires side yards to be no less than five feet (5'), while the applicant proposes to maintain a side yards of 2.77 feet along the north property line and zero feet (0') for the existing parking spaces along the south property line; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than twenty-five percent (25%) of the total lot area, while the applicant proposes to maintain a rear yard of two percent (2%); and
WHEREAS, Section 3342.18, Parking setback line, requires a twenty-five (25) foot parking setback line, while the applicant proposes to maintain a zero (0) foot parking setback line for the existing parking spaces along South Lazelle Street; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, or six (6) spaces, while the applicant proposes to maintain three (3) parking spaces; and
WHEREAS, The German Village Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the three-unit dwelling has been long established on this lot, and is consistent with existing development in the surrounding residential neighborhood. Approval of this request will not add a new or incompatible use to the area; 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 roads, 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 529 SOUTH LAZELLE STREET (43206), 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 3332.037, R-2F, Residential District; 3332.05, Area district lot width requirements; 3332.14, R-2F area district requirements; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; 3332.27, Rear yard; 3342.18, Parking setback line; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes; is hereby granted for the property located at 529 SOUTH LAZELLE STREET (43206), insofar as said sections prohibit a three-unit dwelling on a 31.42 foot-wide, 3,541 square foot lot, with a maximum side yard of 2.77 feet, minimum side yards of 2.77 feet on the north property line and zero feet (0') on the south property line, a rear yard of two percent (2%), a parking setback line of zero feet (0'), and a parking space reduction from six (6) required spaces to three (3) spaces; said property being more particularly described as follows:
529 SOUTH LAZELLE STREET (43206), being 0.08± acres located on the west side of South Lazelle Street, 31± feet north of East Hoster Street, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, State of Ohio and being part of the North Half (1/2) of Inlot 726 as recorded in the Deed Book "G", Page 70, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at an iron pipe in the easterly line of "Third Street", said iron pipe being located North 08 degrees 30 minutes 00 seconds West, a distance of 31.32 feet from the north line of Hoster Street;
Thence North 08 degrees 30 minutes 00 seconds West along the easterly line of "Third Street", a distance of 31.32 feet to an iron pipe at the northwest corner of Inlot 726;
Thence North 81 degrees 39 minutes 15 seconds East along the northerly line of Inlot 726, a distance of 74.80 feet to an iron pipe, said last described iron pipe representing the True Point of BEGINNING of the tract herein described;
Thence from said Point of Beginning continue along the northerly line of said Inlot 726, North 81 degrees 39 minutes 15 seconds East, one hundred eleven and 37/100 (111.37) feet, to an iron pin set in the west line of Lazelle Street (30 feet wide), said iron pin representing the northeast corner of Inlot 726;
Thence South 08 degrees 10 minutes 40 seconds East, thirty one and 42/100 (31.42) feet, along the west line of said Lazelle Street, to an iron pin, said iron pin representing the mid-point of the east line of Inlot 726;
Thence South 81 degrees 40 minutes 54 seconds West (along the south line of the north one half of Inlot 726) one hundred eleven and 19/100 (111.19) feet, to an iron pin, said last described iron pin bears North 81 degrees 40 minutes 54 seconds East, 74.80 feet from the southwest corner of the north one half, of Inlot 726;
Thence North 08 degrees and 30 minutes 00 seconds West (along a line drawn parallel to, and 74.80 feet easterly from, the west line of Inlot 726) a distance of thirty one and 36/100 (31.36) feet, to the point of beginning, containing 3493 square feet (0.0802 of an acre).
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a three-unit dwelling, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.