..Explanation
Council Variance Application: CV06-011
APPLICANT: David Schlegel; c/o John A. Eberts, Architect; 3662 Karl Road; Columbus, OH 43224.
PROPOSED USE: Conform an existing three-family dwelling and a two-family dwelling on the same lot.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is zoned in the R-3, Residential District and is developed with a three-family dwelling and a two-family dwelling. The applicant requests a Council variance to conform the existing development, including façade upgrades with porches for the dwelling units, a court yard, and the construction of two detached garages with surface parking. The R-3, Residential District allows only single-family dwellings on individual lots. Additional variances for the three-family dwelling not fronting on a public street and the existing driveway width are included in the request. A hardship exists in that the current site development is consistent with surrounding land uses within the neighborhood, but the non-conforming nature of the site precludes financing options and the ability to obtain building permits for the proposed construction.
Title
To grant a Variance from the provisions of Sections 3332.035, R-3, Residential District; 3332.19, Fronting on a public street; and 3342.08, Driveway, of the Columbus City Codes, for the property located at 244-248 & 250-252 CLINTON HEIGHTS AVENUE (43202), to permit a three-family dwelling and a two-family dwelling on the same lot with reduced development standards in the R-3, Residential District and to declare an emergency. (Council Variance CV06-011)
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WHEREAS, by application No. CV06-011, the owner of the property at 244-248 & 250-252 CLINTON HEIGHTS AVENUE (43202), is requesting a Council Variance to permit a three-family dwelling and a two-family dwelling with reduced development standards on the same lot zoned in the R-3, Residential District; and
WHEREAS, Section 3332.035, R-3, Residential District, permits only single-family dwellings on individual lots, while the applicant proposes to maintain an existing three-family dwelling and a two-family dwelling on the same lot; 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, Section 3332.19, Fronting on a public street, requires a dwelling unit to have frontage on a public street, while the applicant proposes to maintain no frontage for the existing three-family dwelling; and
WHEREAS, Section 3342.08, Driveway, requires that driveways serving a residential parking area containing more than eight (8) parking spaces shall have a minimum width of twenty (20) feet, while the applicant proposes to maintain the existing ten (10) foot wide driveway; and
WHEREAS, the Clintonville Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance will conform the existing development of a three-family dwelling and a two-family dwelling on the same lot, and will allow façade upgrades with porches for the dwelling units, a court yard, and the construction of two detached garages with surface parking. The R-3, Residential District allows only single-family dwellings on individual lots. Additional variances for the three-family dwelling not fronting on a public street and the existing driveway width are included in the request. A hardship exists in that the current site development is consistent with surrounding land uses within the neighborhood, but the non-conforming nature of the site precludes financing options and the ability to obtain building permits for the proposed construction; 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 244-248 & 250-252 CLINTON HEIGHTS AVENUE (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 granted from the provisions of Sections 3332.035, R-3, Residential District; 3332.19, Fronting on a public street; and 3342.08, Driveway, of the Columbus City Codes, for the property located at 244-248 & 250-252 CLINTON HEIGHTS AVENUE (43202), insofar as said sections prohibit a three-family dwelling and a two-family dwelling on the same lot, with no frontage on a public street for the three-family dwelling, and a ten (10) foot wide driveway where twenty (20) feet is required; said property being more particularly described as follows:
244-248 & 250-252 CLINTON HEIGHTS AVENUE (43202), being 0.36± acres located on the north side of Clinton Heights Avenue, 50± feet west of Calumet Street, and being more particularly described as follows:
Parcel # 010-022630
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being lots numbered forty (40) and forty-one (41), of the Clinton Land Company's Addition, to said City as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 7, Page 182, Recorder's Office, Franklin County, Ohio, together with twelve by fifty feet of alley vacated, and including the following addresses: 244-248 and 250-252 Clinton Heights Avenue.
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-family dwelling and a two-family dwelling on the same lot, or those uses permitted in the R-3, Residential District.
SECTION 3. That this ordinance is further conditioned on substantial compliance with the registered site plan and elevations titled, "PORCH AND GARAGE ADDITIONS AND EXTERIOR REMODELING TO RESIDENCES AT 244 CLINTON HEIGHTS AVENUE," drawn and signed by John A. Eberts, Architect, and dated March 20, 2006. The Zoning Site Plan and Elevations 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 Zoning Site Plan or Elevations shall be subject to review and approval 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 on 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.