Explanation
Council Variance Application: CV06-034
APPLICANT: The Clintonville Corporation, Inc. c/o Catherine A. Cunningham, Atty.; Plank & Brahm; 145 East Rich
Street; Columbus, OH 43215.
PROPOSED USE: To conform an existing four-family dwelling.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site is developed with a four-family dwelling and a four-car detached garage zoned in the C-4, Commercial District. The four-unit dwelling was constructed in 1925, and at that time, dwellings were permitted uses in commercial zoning districts. Therefore, the dwelling is permitted as a non-conforming use. The applicant requests a use variance to preserve the right to restore the dwelling or detached garage in the event of damage or destruction, regardless of the extent of the damage. A four-space parking variance is also included in the request. Because the variance will not alter the actual use of the site, or the number of dwelling units in the building, the use variance will not adversely affect the surrounding property or surrounding neighborhood. The owner has committed to conditions for maintaining the existing building's architectural features to ensure compatibility with surrounding development if the structure is ever rebuilt.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4, Permitted Uses, and 3342.28, Minimum number of parking spaces required of the Columbus City Codes for the property located at 3020 NORTH HIGH STREET (43202), to conform an existing four-family dwelling in the C-4, Commercial District with a reduction in the number of required parking spaces (Council Variance # CV06-034).
Body
WHEREAS, by application No. CV06-034, the owner of property at 3020 NORTH HIGH STREET (43202), is requesting a Council variance to conform an existing four-family dwelling in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, permits apartments only above certain commercial uses, while the applicant proposes to make an existing four-family dwelling a conforming use on the property; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two parking spaces per dwelling unit, or eight (8) spaces, while the applicant proposes to maintain four (4) garage parking spaces for the existing dwelling; and
WHEREAS, The Clintonville Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and note that a hardship exists because the non-conforming nature of the site precludes financing options and the existing four-family dwelling has been long established on this lot. The owner has committed to conditions for maintaining the existing building's architectural features to ensure compatibility with surrounding development if the structure is ever rebuilt; 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 3020 NORTH HIGH STREET (43202), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variance from the provisions of Sections 3356.03, C-4, Permitted Uses; and 3342.28, Minimum number of parking spaces required of the Columbus City Codes are hereby granted for the property located at 3020 NORTH HIGH STREET (43202), insofar as said sections prohibit a four-family dwelling in the C-4, Commercial District with a parking space reduction from eight (8) required spaces to four (4) spaces; said property being more particularly described as follows:
3020 NORTH HIGH STREET (43202), being 0.16± acres located on the east side of North High Street, 48± feet south of Weber Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus being further described as follows:
Being Lot Number Two Hundred Ten (210) and Seventeen (17) feet off of the entire South Side of Lot Number Two Hundred Nine (209) of the CRESTVIEW ADDITION, to the City of Columbus, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 8, page 11-A and 11-B, Recorder's Office, Franklin County, Ohio.
Parcel No. 010-052796, Property Address: 3020 N. 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 four-family dwelling, or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on the following commitments as negotiated with the Clintonville Area Commission:
1. If the building is reconstructed or more than 50% renovated, that it will be built to a 2 ½ story height, with brick exterior façade, have a pitched roof and incorporate a front porch facing North High Street, so as to maintain a residential character.
2. That the building be a maximum of 4,500 square feet.
3. That the building has a maximum of 4 residential units.
4. That the building front yard set back be no less than 20 feet.
5. That no more than four off-street parking spaces shall be required.
6. That the existing 19 x 36 square foot block four-car garage/carport be permitted to be retained or reconstructed upon the lot with a setback from the east alley of no less than 10 feet and setbacks from the side lot lines of no less than 1.5 feet.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.