Explanation
Council Variance Application: CV23-100
APPLICANT: MM Developing, LLC; 1499 Perry Street; Columbus, OH 43201
PROPOSED USE: Two-unit dwelling.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of an undeveloped parcel in the R-3, Residential District. The requested Council variance will allow the applicant to construct a two-unit dwelling with a detached garage. A Council variance is required because the R-3 district prohibits two-unit dwellings. The request includes variances for lot width, side yards, and garage height. The site is located with the planning boundaries of the Near East Area Plan (2005), but does not include a land use recommendation for this location. Staff supports the request as it is consistent with the existing residential development pattern of the neighborhood, and will not add an incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3 residential district; 3332.05(A)(4), Area district lot width requirements; 3332.25, Maximum side yards required; 3332.26, Minimum side yards permitted; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 1175 FRANKLIN AVE. (43215), to allow a two-unit dwelling with reduced development standards in the R-3, Residential District (Council Variance #CV23-100).
Body
WHEREAS, by application #CV23-100, the owner of the property at 1175 FRANKLIN AVE. (43215), is requesting a Variance to allow a two-unit dwelling with reduced development standards in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3 residential district, allows one single-unit dwelling on a lot, while the applicant proposes to construct a two-unit dwelling; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet in the R-3, Residential District, while the applicant proposes to maintain a reduced lot width of 40 feet 4 inches; and
WHEREAS, Section 3332.25, Maximum side yards required, requires a maximum side yard of 8.1 feet, while the applicant proposes a reduced required maximum side yard 6.33 feet; and
WHEREAS, 3332.26, Minimum side yards permitted, requires that the minimum side yard be no less than five feet, while the applicant proposes reduced side yards of 3.33 feet; and
WHEREAS, 3332.38(G), Private garage, limits the maximum garage height to 15 feet, while the applicant proposes an increased garage height of 18 feet; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the proposed use is consistent with the existing residential development pattern of the neighborhood, and will not add an incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed two-unit dwelling; 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 1175 FRANKLIN AVE. (43215), 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 3332.035, R-3 residential district; 3332.05(A)(4), Area district lot width requirements; 3332.25, Maximum side yards required; 3332.26, Minimum side yards permitted; and 3332.38(G), Private garage, of the Columbus City Codes; for the property located at 1175 FRANKLIN AVE. (43215), insofar as said sections prohibit a two-unit dwelling in the R-3, Residential District; with reduced minimum lot width from 50 feet to 40 feet 4 inches; reduced maximum side yard from 8.1 feet to 6.33 feet; reduced minimum side yards from five feet to 3.33 feet; and an increased garage height from 15 feet to 18 feet; and said property being more particularly described as follows:
1175 FRANKLIN AVE. (43215), being 0.12± acres located on the south side of Franklin Avenue, 125 feet east of South Champion Avenue, and being more particularly described as follows:
Being Lot No. 161 of HOFFMAN AND MCGREW’S AMENDED ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 2, Page 200, Recorder’s Office, Franklin County, Ohio.
Address of Property: 1175 Franklin Avenue, Columbus, Ohio 43215
Permanent Parcel No.: 010-012854
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a two-unit dwelling, in accordance with the submitted site plan, 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 plan titled, "SITE PLAN," and building elevations titled, "ELEVATIONS," and "GARAGE," all dated February 9, 2024, and signed by Michael Mahaney, 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 two-unit dwelling.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.