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File #: 0220-2005    Version: 1
Type: Ordinance Status: Passed
File created: 1/26/2005 In control: Zoning Committee
On agenda: 3/21/2005 Final action: 3/23/2005
Title: To grant a Variance from the provisions of Section 3332.037, R-2F, Residential District Use; for the property located at 748 JAEGER STREET (43206), to permit a two room apartment hotel (bed and breakfast) in a single-family dwelling (Council Variance CV04-041).
Attachments: 1. ORD 0220-2005 hardship.pdf, 2. ORD 0220-2005 zone.pdf, 3. ORD 0220-2005 gis.pdf, 4. ORD 0220-2005 site survey.pdf, 5. ORD 0220-2005 German Village.pdf, 6. ORD 0220-2005 Disclosure.pdf, 7. ORD 0220-2005 labels.pdf, 8. CV04-041 Data Form.pdf
Explanation
 
COUNCIL VARIANCE:  CV04-041.
 
APPLICANT:  Darci L. Congrove and John Pribble, III; c/o Christopher A. Rinehart, Atty.; Carlile Patchen & Muphy, LLP; 366 East Broad Street; Columbus, OH 43215.
 
PROPOSED USE:  Apartment hotel (bed and breakfast).
 
GERMAN VILLAGE AREA COMMISSION RECOMMENDATION:  Approval.
                                                                                 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  This council variance will allow the applicant to establish a two room apartment hotel (bed and breakfast) in an existing single-family dwelling on a lot zoned in the R-2F, Residential District.  The applicant is not currently living in the dwelling but may wish to do so in the future.  A hardship exists in that an apartment hotel (bed and breakfast) is not a permitted use in the R-2F zoning district, which was established by an area-wide rezoning in the German Village area.  Parking will be provided by two spaces in an existing garage and two additional on-site parking spaces, and gravel surfaced maneuvering areas will be improved to comply with C.C. 3342.24.  The proposed bed and breakfast is a low intensity use that should integrate well with the surrounding German Village residential neighborhood.
 
 
 
Title
 
To grant a Variance from the provisions of Section 3332.037, R-2F, Residential District Use; for the property located at 748 JAEGER STREET (43206), to permit a two room apartment hotel (bed and breakfast) in a single-family dwelling  (Council Variance CV04-041).
 
 
 
Body
 
WHEREAS, by application No. CV04-041, the owners of property at 748 JAEGER STREET (43206), are requesting a Council Variance to permit a two room apartment hotel in an existing single-family dwelling on a parcel zoned in the R-2F, Residential District; and
 
WHEREAS, the German Village Area Commission recommends approval; and
 
WHEREAS, City Departments note a hardship exists and recommend approval because proposed apartment hotel (bed and breakfast) use is appropriate in the German Village area and a hardship exists because the proposed use is not permitted in the R-2F, Residential District; 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  748 JAEGER STREET (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 granted from the provision of  Section 3332.037, R-2F Residential District Use, of the Columbus City codes; for the property located at 748 JAEGER STREET (43206), insofar as said section prohibits a two room apartment hotel (bed and breakfast) on a parcel zoned in the R-2F, Residential District; said property being more particularly described as follows:
 
LEGAL DESCRIPTION FOR 748 JAEGER STREET
 
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
 
Being Lot Number Fifteen (15) of B.F. Martin's Subdivision of the five acres of land in the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 89, Recorder's Office, Franklin County, Ohio, EXCEPTING one and a half feet off of the south side thereof.
 
Subject to reservations, conditions, restrictions and easements of record, if any, and taxes and assessments hereafter due and payable.
 
SECTION 2.  That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a two room apartment hotel (bed and breakfast), or those uses permitted in C.C. 3332.037, R-2F, Residential District Use.
 
SECTION 3.  That this ordinance is further conditioned in that a total of four (4) parking spaces are required on-site, as approved by the Transportation Division.  All surfaces, including the garage apron, must comply with C.C. 3342.24, Surface.  All parking related improvements must be installed within six (6) months of the date that zoning clearance is issued for an apartment hotel (bed and breakfast).
 
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.