Explanation
Council Variance Application: CV23-039
APPLICANT: Michael Zaller; 170 Franklin Avenue; Worthington, OH 43085.
PROPOSED USE: Commercial office.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a vacant nonconforming commercial building in the ARLD, Apartment Residential District. The requested Council variance will permit the building to be used as a commercial office which is not permitted in the ARLD district. The site is within the planning boundaries of the Near East Area Plan (2005), which does not include a specific land use recommendation at this location. Staff are supportive as the proposal will conform the existing commercial building, which is not introducing an incompatible use to the area.
Title
To grant a Variance from the provisions of Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, of the Columbus City Codes; for the property located at 1291 OAK ST. (43205), to permit commercial office uses in the ARLD, Apartment Residential District (Council Variance #CV23-039).
Body
WHEREAS, by application #CV23-039, the owner of property at 1291 OAK ST. (43205), is requesting a Council variance to permit commercial office uses in the ARLD, Apartment Residential District; and
WHEREAS, Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, does not permit commercial uses, while the applicant proposes to utilize the existing nonconforming structure for commercial office uses; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because this request will conform the existing commercial building and is not considered to be the introduction of an incompatible use to 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 owner of the property located at 1291 OAK ST. (43205), 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 Section 3333.02, AR-12, ARLD and AR-1 apartment residential district use, of the Columbus City Codes; is hereby granted for the property located at 1291 OAK ST. (43205), insofar as said section prohibits general and medical office uses; said property being more particularly described as follows:
1291 OAK ST. (43205), being 0.10± acres located on the south side of Oak Street, 150± feet west of , and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and City of Columbus and bounded and described as follows:
Being Lot Number Six (6) of McGRAW AND BLOSE SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 407, Recorder's Office, Franklin County, Ohio.
Address: 1291 Oak Street Columbus, Ohio 43205
Parcel No.: 010-016979
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for general or medical office uses, or those uses permitted in the ARLD, Apartment Residential District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.