Explanation
Council Variance Application: CV03-027
APPLICANT: Barbara S. Connelly; 908 Poling Drive; Columbus Ohio 43224.
PROPOSED USE: To conform an existing single-family dwelling in the C-4, Commercial District.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow an existing single-family dwelling to be conforming in the C-4, Commercial District. A Council variance is necessary in that dwelling units are permitted only above certain commercial uses in the C-4, Commercial District. The Greater Hilltop Plan, (2001) recommends that inappropriately zoned parcels should be rezoned so that they are consistent with current land use and surrounding uses. All four corners of the Wayne and Steele Avenues intersection are zoned C-4, but none of the parcels are being used commercially, which may warrant a City-initiated rezoning. A hardship exists in that the lending institution will only finance a conforming use in the district, and the owner cannot rehabilitate the dwelling without additional financing.
Title
To grant a Variance from the provisions of Section 3356.03, C-4, Permitted Uses, for the property located at 165 NORTH WAYNE AVENUE (43204), to permit an existing single-family dwelling in the C-4, Commercial District. (Council Variance # CV03-027)
Body
WHEREAS, by application No. CV03-027, the owner of property at 165 NORTH WAYNE AVENUE (43204), is requesting a Council variance to permit an existing single-family dwelling in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, permits dwelling units only above certain commercial uses, while the applicant proposes to make an existing single-family dwelling a conforming use on the property; and
WHEREAS, The Greater Hilltop Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the lending institution will not finance this existing non-conforming use, and the owner cannot rehabilitate the dwelling without additional financing; 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 165 NORTH WAYNE AVENUE (43204), 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 Section 3356.03, C-4, Permitted Uses is hereby granted for the property located at 165 NORTH WAYNE AVENUE (43204), in that said section prohibits a single-family dwelling in the C-4, Commercial District; said property being more particularly described as follows:
165 NORTH WAYNE AVENUE (43204), being .13± acres located at the southwest corner of North Wayne and Steele Avenues, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number Forty-two (42), in Delbert D. Ong's Eureka Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 5, page 85, Recorders 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 a single-family dwelling, or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.