Explanation
Council Variance Application: CV23-046
APPLICANT: James W. Clarke; c/o Jack Las, Agent; 448 North LaSalle Drive; Chicago, IL 40654.
PROPOSED USE: Ground floor residential use.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
UNIVERSITY IMPACT DISTRICT REVIEW BOARD RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a variety of commercial buildings in the C-4, Commercial District, and is within the NC, Neighborhood Commercial subarea of the University District Zoning Overlay (UDZO). The applicant requests a Council variance for the building addressed as 2283 North High Street to allow a change of use from eating and drinking establishment to a single-unit dwelling. A Council variance is required because the C-4 district does not allow ground floor residential uses. The site is within the planning boundaries of the University District Plan (2015), which recommends “Neighborhood Mixed Use” at this location, consistent with the proposed request and overall development pattern along the North High Street corridor.
Title
To grant a Variance from the provisions of Section 3356.03, C-4 permitted uses, of the Columbus City Codes; for the property located at 2283 N. HIGH ST. (43201), to allow a single-unit dwelling or ground floor residential uses in the C-4, Commercial District (Council Variance #CV23-046).
Body
WHEREAS, by application #CV23-046, the owner of property at 2283 N. HIGH ST. (43201), is requesting a Council Variance to allow a single-unit dwelling or ground floor residential uses in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 permitted uses, permits apartment uses above certain commercial uses, but does not allow ground floor residential uses, while the applicant proposes first floor residential uses; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the University Impact District Review Board recommends approval; and
WHEREAS, City Departments recommend approval of the request for ground floor residential uses at this location which is consistent with University District Plan’s land use recommendation and the development pattern along North High Street.
WHEREAS, said ordinance requires separate submission for all applicable permits and a 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 owner of the property located at 2283 N. HIGH ST. (43201), 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 3356.03, C-4 permitted uses, of the Columbus City Codes, is hereby granted for the property located at 2283 N. HIGH ST. (43201), insofar as said sections prohibit a single-unit dwelling or ground floor residential uses in the C-4, Commercial District, said property being more particularly described as follows:
2283 N. HIGH ST. (43201), being 1.42± acres located at the southwest corner of North High Street and West Oakland Avenue, and being more particularly described as follows:
DESCRIPTION OF 1.417 ACRES
WEST SIDE OF HIGH STREET
NORTH SIDE OF NORTHWOOD AVENUE
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of Lots 1 through 6 of Mt. Auburn Addition to the City of Columbus, a subdivision of record in Plat Book 3, Page 322, all references herein being to the records of the Recorder’s Office, Franklin County, Ohio, and 10.00 feet off the north side of Northwood Avenue adjoining Lot 1 as vacated by City of Columbus Ordinance No. 1263-86, being also all those ten (10) parcels of land described in deeds to Pavey Square GL 1 LLC, of record in Instrument Number 2016081000104518 through 2016081000104527, and being more particularly described as follows:
Beginning at a Mag Nail set at the northeasterly corner of Lot 6 and at the intersection of the westerly right-of-way line of High Street, 66 feet in width, with the southerly right-of-way line of Oakland Avenue, 60 feet in width;
Thence South 11º11’52” East, along said westerly right-of-way line, a distance of 341.96 feet to a Mag Nail set at the intersection of the northerly right-of-way line of Northwood Avenue, now 70.00 feet in width, being also the southeasterly corner of the aforementioned vacated right-of-way;
Thence North 85º56’43” West, along the southerly line of said vacated right-of-way, a distance of 187.04 feet to a Mag Nail set at the intersection of the easterly right-of-way line of a 20-foot wide alley, being also the southwesterly corner of said vacated right-of-way;
Thence North 11º11’52” West, along said easterly right-of-way line, a distance of 342.11 feet to an iron pin set at the intersection of the southerly right-of-way line of Oakland Avenue, being also the northwesterly corner of said Lot 6;
Thence South 85º54’03” East, along said right-of-way line, a distance of 187.08 feet to the place of beginning and containing 1.417 acres of land.
Bearings herein are based on the Ohio State Plane Coordinate System, South Zone, NAD 83, 2011 adjustment, which establishes a bearing of South 11º11’52” East for High Street.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a single-unit dwelling, ground floor residential uses, and/or those uses permitted in the C-4, Commercial 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.