Explanation
Council Variance Application: CV24-171
APPLICANT: Daley Stewart LLC; c/o Mark Atkins, SM; and Michael Ar. Neiman, Atty.; 580 South High Street, Suite 120; Columbus, OH 43215
PROPOSED USE: Residential development.
COLUMBUS SOUTH SIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a three-unit dwelling and a two-unit dwelling in the R-2F, Residential District. The requested Council variance will conform the existing development pending a lot split, allowing for each dwelling to be located on its own lot. A Council variance is required because the R-2F district allows one single- or one two-unit dwelling on a lot, but does not allow a three-unit dwelling. The site is located within the planning boundaries of the South Side Plan (2014), which recommends “Medium-High Density Residential” land uses at this location, and includes early adoption of Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018). Variances to reduce vision clearance, lot width, lot area, building setbacks, side yards, rear yard, and required parking are included in this request. Staff supports the requested variances as they will conform the existing dwellings. The proposed use is consistent with the Plan’s land use recommendation and the residential character of the neighborhood, and does not introduce and incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F residential district; 3312.49, Required parking; 3321.05(B)(2), Vision clearance; 3332.05(A)(4), Area district lot width requirements; 3332.14, R-2F area district requirements; 3332.21, Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 323 STEWART AVE. (43206), to allow a three-unit and a two-unit dwelling with reduced development standards in the R-2F, Residential District (Council Variance #CV24-171).
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WHEREAS, by application # CV24-171, the owner of the property at 323 STEWART AVE. (43206), is requesting a Variance to allow a three-unit and a two-unit dwelling with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F residential district, only allows one single- or one two-unit dwelling on a lot, while the applicant proposes a three-unit dwelling on Tract 1; and
WHEREAS, Section 3312.49, Required parking, requires two spaces for each dwelling, for a total of six parking spaces for Tract 1, and four spaces for Tract 2, while the applicant proposes zero parking spaces for both Tract 1 and Tract 2; and
WHEREAS, Section 3321.05(B)(2), Vision clearance, requires a 30 foot clear vision triangle at the intersection of two streets, while the applicant proposes no vision clearance triangle at the southwest corner of Stewart Avenue and Bruck Street; and
WHEREAS, Section 3332.05(A)(4), Area district lot width requirements, requires a minimum lot width of 50 feet, while the applicant proposes to maintain the existing lot width of 31.25 feet for both tracts; and
WHEREAS, Section 3332.14, R-2F area district requirements, requires that a single-unit dwelling or other principal building shall be situated on a lot of no less than 6,000 square feet in area, while the applicant proposes a three-unit dwelling on a reduced lot area of 1,882± square feet for Tract 1; and a two-unit dwelling on a reduced lot area of 2,929± square feet for Tract 2 (pursuant to lot area calculation in 3332.18(C)); and
WHEREAS, Section 3332.21, Building lines, requires a minimum building setback line of 10 feet from Stewart Avenue and Bruck Street, while the applicant proposes reduced building lines of zero feet along Stewart Avenue and Bruck Street for Tract 1; and zero feet along Bruck Street for Tract 2; and
WHEREAS, Section 3332.25, Maximum side yards required, requires the sum of the widths of the side yards to equal or exceed 20 percent of the lot width, for a maximum requirement of 6.25 feet for a lot width of 31.25 feet, while the applicant proposes a reduced maximum side yard of zero feet for Tract 2; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a minimum side yard of five feet, while the applicant proposes reduced minimum side yards of zero feet along the east property line for Tract 1; and zero feet along the east and west property lines for Tract 2; and
WHEREAS, Section 3332.27, Rear yard, requires that each dwelling, residence, or principal building shall be erected so as to provide a rear yard totaling no less than 25 percent of the total lot area, while the applicant proposes a reduced rear yard of five percent for the three-unit dwelling on Tract 1; and
WHEREAS, the Columbus South Side Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested Council variance will conform the existing dwellings. The proposed use is consistent with the South Side Plan’s land use recommendation and the residential character of the neighborhood, and does not introduce and incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Zoning Clearance for the proposed lot split; and
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variances 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 variances will alleviate the difficulties encountered by the owners of the property located at 323 STEWART AVE. (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 is hereby granted from the provisions of Sections 3332.037, R-2F residential district; 3312.49, Required parking; 3321.05(B)(2), Vision clearance; 3332.05(A)(4), Area district lot width requirements; 3332.14, R-2F area district requirements; 3332.21, Building lines; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard , of the Columbus City Codes; for the property located at 323 STEWART AVE. (43206), insofar as said sections prohibit a three-unit dwelling in the R-2F, Residential District, with a reduction in required parking from six to zero spaces for Tract 1, and from four to zero spaces for Tract 2; reduced vision clearance from 30 feet to zero feet at the southwest corner of Stewart Avenue and Bruck Street; a reduced lot width from 50 feet to 31.25 feet; reduced lot areas from 6,000 square feet to 1,882± square feet for Tract 1, and to 2,929± square feet for Tract 2; reduced building setback lines from 10 feet to zero feet along Stewart Avenue and Bruck Street for Tract 1, and to zero feet along Bruck Street for Tract 2; reduced maximum side yard from 6.25 feet to zero feet for Tract 2; reduced minimum side yards from five feet to zero feet along the eastern property line for Tract 1, and to zero feet along both the western and eastern property lines for Tract 2; and a reduced rear yard from 25 percent to five percent for Tract 1; said property being more particularly described as follows:
323 STEWART AVE. (43206), being 0.12± acres located at the southwest corner of Stewart Avenue and Bruck Street, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin, and State of Ohio:
Being Lot Number 45 of CHRISTIAN AND LOUIS SIEBERT'S CITY PARK ADDITION of
Out-Lots Nos. 2, 3, 12, 13, 14 and 15 and In-Lots Nos. 114 and 115 of Deshlers and Thunnan's Addition of ln-lots and Out-lots of Columbus, Ohio being part of Half-Section 29, Township 5, Range 22, Refugee Lands, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book Four (4), page 22, Recorder's Office, Franklin County, Ohio.
Together with an easement in, upon, across and through a strip of land five (5) feet in width and one hundred two and 30/l00ths feet (102.30) in length for the purpose of continuing, maintaining and replacement of the porch, eave overhang, storm drain tile, ingress and egress, for so long as the present residential structure shall exist on Lot 45. Said easement being more particularly described as follows: Beginning at the southwest corner of Lot 44, (the Southwest corner of Lot 45), thence westerly along the south property line of Lot 44 a distance of five (5) feet to a point, thence northerly and parallel with the east property line of Lot 44 a distance of one hundred two and 30/l00ths (102.30) to a point, thence easterly and parallel with the south property Line of Lot 44 to a point in the east prope1ty line of Lot 44, thence southerly along the east prope1ty line of Lot 44 (west prope1ty line of Lot 45) to the place of beginning.
Address: 323 Stewart Avenue, Columbus, OH 43206
Parcel No.: 010-208793-00
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 and a two-unit dwelling, in accordance with the submitted survey, 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 survey titled, “SURVEY OF 0.043 ACRES & 0.079 ACRES,” dated February 11, 2025, signed by Scott D. Grundei, Surveyor for the Applicant. The plan 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 plan 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 Zoning Clearance for the proposed lot split.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.