Explanation
Council Variance Application: CV26-023
APPLICANT: Kenneth Wilson c/o Shea Wilson; 1219 Oak Street; Columbus, OH 43205.
PROPOSED USE: Mixed-use development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning (Ordinance #1923-2026; Z26-008) to the CPD, Commercial Planned Development District, which will allow a mixed-use development containing up to 26 apartment units and a 600 square foot eating and drinking establishment. The requested Council variance will allow ground-floor residential uses in the proposed CPD district. A Council variance is required because this CPD district, which specifies C-4 commercial uses, does not allow ground-floor residential uses. The requested variance will help facilitate the mixed-use nature of the proposed development, and is consistent with similar infill mixed-use developments in urban areas of the city, including this particular neighborhood.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; and 3361.02, Permitted uses, of the Columbus City Codes; for the property located at 1258 OAK ST. (43205), to allow ground-floor residential uses in the CPD, Commercial Planned Development District (Council Variance #CV26-023).
Body
WHEREAS, by application #CV26-023, the owner of property at 1258 OAK ST. (43205), is requesting a Council variance to allow ground-floor residential uses in the CPD, Commercial Planned Development District; and
WHEREAS, Section 3356.03, C-4 permitted uses, does not allow ground floor residential uses, while the applicant proposes to allow such uses; and
WHEREAS, Section 3361.02, Permitted uses, specifies C-4 district uses, and does not allow residential uses other than apartments above specified commercial uses, while the applicant proposes ground floor residential uses in the CPD district; and
WHEREAS, the City Departments recommend approval because this request will help facilitate the mixed-use nature of the proposed development, and is consistent with similar infill mixed-use developments in urban areas of the city, including this particular neighborhood; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed uses; 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 1258 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 Sections 3356.03, C-4 Permitted uses; and 3361.02, Permitted uses, of the Columbus City Codes; is hereby granted for the property located at 1258 OAK ST. (43205), insofar as said sections prohibit ground floor residential units in the proposed CPD, Commercial Planned Development District; said property being more particularly described as follows:
1258 OAK ST. (43205), being 0.36± acres located at the northwest corner of Oak Street and Wilson Avenue, and being more particularly described as follows:
Parcel 010-001215
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus: Being Lot Number Twenty-Nine (29) in the STEWARD AND JONES SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 192, Recorder’s Office, Franklin County, Ohio.
Parcel 010-031026
Situated in the City of Columbus, County of Franklin, and State of Ohio and bounded and described as follows: Being Lot Number Twenty Six (26) in STEWARD AND JONES’ SUBDIVISION of part of Lots Nos. 2, 4, 6, and 8 in what is known as J.N. Champion’s Subdivision in Half Section 23, Tp. 5, R. 22, Refugee Lands, as the same is numbered and delineated upon the recorded Plat of said Steward and Jones’ Subdivision of record in Plat Book No. 2, Page 192, Recorder’s Office, Franklin County, Ohio.
Parcel 010-043259
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus: Being Lot Number Twenty-Eight (28) in the STEWARD AND JONES SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 192, Recorder’s Office, Franklin County, Ohio.
Parcel 010-051359
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus: Being Lot Number Twenty-Seven (27) in the STEWARD AND JONES SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 192, Recorder’s Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for ground floor residential units within a mixed-use development as included in the CPD, Commercial Planned Development District zoning on this property by Ordinance #1923-2026 (#Z26-008).
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed uses.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.