...Explanation
Council Variance Application: CV09-010
APPLICANT: James J. Wolf; c/o Greg Lashutka, Attorney; 571 South Third Street; Columbus, OH 43206.
PROPOSED USE: To allow two existing single-family dwellings on one new lot in the R-2F, Residential District, and to construct a new garage.
GERMAN VILLAGE RECOMMENDATION: Approval
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests this Council variance to combine two lots, each developed with an existing single-family dwelling, and allow for the construction of a new garage. The R-2F, Residential District allows for attached two-family dwellings on one lot. Two single-family dwellings are not allowed on one lot in the R-2F which is why a Council variance is necessary. Staff finds that the applicant's proposal would cause no more impact than would an attached two-family dwelling on the lot, which is allowed. Furthermore, the removal of an existing property line is necessary so a new garage can be built which in turn would help alleviate parking problems in the area
Title
To grant a Variance from the provisions of Section 3332.037, R-2F, Residential District, of the Columbus City Codes for the property located at 1389 EAST FRANKFUORT STREET (43206), to permit two existing single-family dwellings on one lot in the R-2F, Residential District and to declare an emergency. (Council Variance #CV09-010).
Body
WHEREAS, by application #CV09-010, the owner of property at 1389 EAST FRANKFUORT STREET (43206), is requesting a Variance to permit two existing single-family dwellings on one lot in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential district, permits one two-family dwelling on a lot but does not permit two separate one-family dwellings on one lot, while the applicant proposes to combine two lots, each developed with an existing single-family dwelling; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the German Village Commission recommends approval; and
WHEREAS, City Departments recommend approval because the R-2F, Residential District allows for attached two-family dwellings on one lot while the applicant proposes to allow two existing detached single-family dwellings on one lot without any other variances. The result would be two dwelling units on one lot which would cause no more impact than an attached two-family dwelling on the lot which is allowed. Furthermore, the removal of an existing property line is necessary so the new garage can be built which would in turn help alleviate parking problems in 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 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 1389 EAST FRANKFORT STREET (43206), in using said property as desired and; 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, of the Columbus City Codes for the property located at 1389 EAST FRANKFUORT STREET (43206), insofar as said section prohibits two single-family dwellings on one (1) lot, said property being more particularly described as follows:
1389 EAST FRANKFUORT STREET (43206), being 0.21± acres located at the northeast corner of Frankfuort and South Lazelle Streets, and being more particularly described as follows:
Legal Description: 138 East Frankfuort RoadStreet, Columbus, Ohio
Lot 28 ½ of CF Jaeger's Fifth Addition (P.B.1., PG. 196) and Part of Lot 7 of John G. Kellner's Second Subdivision (P.B. 3, PG. 62), located in the City of Columbus, Franklin County, Ohio.
Situated in the State of Ohio, County of Franklin, City of Columbus.
Commencing at a MAG nail in the concrete at the northeast intersection of East Frankfort Road and Lazelle Street,
along a line N00o 03' 00"W, 98.12' to 1" iron pin,
along a line S88o 59' 37"E, 94.21' to an iron pin,
along a line S00o 01' 26"E, 96.46', to a set reference iron pin,
along a line S88o 59' 37"E, 94.15' to the place of the beginning containing 0.210 acres.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for two detached single-family dwellings on one lot in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on a commitment by the owner to maintain the existing building footprints in conformance with the site plan titled, "WOLF RESIDENCE 138 EAST FRANKFUORT STREET," dated April 21 September 17, 2009, and signed by B.J. Scanlon, architect for the Applicant. The Subject Site shall be developed in accordance with the site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Development or his 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 shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.