Explanation
Council Variance Application: CV11-006
APPLICANT: Scott Henningsen; c/o Julia Steigerwald, Agent; 6862 Lee Road; Westerville, Ohio 43081.
PROPOSED USE: Ground-floor residential use.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a Council variance to remove a condition imposed by the Fifth by Northwest Area Commission as part of Council Variance CV08-042 (ORD#0324-2009, passed April 6, 2009) that stated that only the owner of the commercial space in the building could reside in the ground floor residential unit allowing the ground floor residential unit to be used by someone other than the owner of the commercial space. Staff supports this variance since it will have no impact on the site or surroundings. The remainder of the variances are the same variances that were approved previously with CV08-042.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted Uses; 3312.25, Maneuvering; 3312.29, Parking space; and 3312.49, Minimum number of parking spaces required, of the Columbus City codes; for the property located at 1733 WEST THIRD AVENUE (43212), to permit a dwelling on the ground floor with reduced parking requirements in the C-4, Commercial District (Council Variance # CV11-006).
Body
WHEREAS, by application No. CV11-006, the owner of property at 1733 WEST THIRD AVENUE (43212), is requesting a Council Variance to permit a ground floor dwelling with reduced parking requirements in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, prohibits dwellings on the ground floor, while the applicant proposes to have a ground floor dwelling in conjunction with commercial space; and
WHEREAS, Section 3312.25, Maneuvering, requires every parking space to have sufficient access and maneuvering area which may include an aisle, circulation area or improved alley, while the applicant proposes to allow maneuvering over and through other parking spaces; and
WHEREAS, Section 3312.29, Parking space, requires that a parking space shall be a rectangular area of not less than nine (9) feet by eighteen (18) feet with no stacking permitted, while the applicant proposes two stacked parking spaces behind two code-compliant parking spaces; and
WHEREAS, Section 3312.49, Minimum number of parking spaces required, requires four parking spaces for the photography studio and two parking spaces for the dwelling unit, or six (6) total spaces, while the applicant proposes four (4) on-site parking spaces, and has the permission to use the Columbus Italian Club parking lot to the west of the site for additional parking spaces; and
WHEREAS, the Fifth by Northwest Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the applicant requests a Council variance to remove a condition imposed by the Fifth by Northwest Area Commission as part of Council Variance CV08-042 that stated that only the owner of the commercial space in the building could reside in the ground floor residential unit allowing the ground floor residential unit to be used by someone other than the owner of the commercial space. Staff supports this variance since it will have no impact on the site or surroundings. The remainder of the variances are the same variances that were approved previously with CV08-042; 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 owner of the property located at 1733 WEST THIRD AVENUE (43212), 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; 3312.25, Maneuvering; 3312.29, Parking space; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes is hereby granted for the property located at 1733 WEST THIRD AVENUE (43212), insofar as said sections prohibit a ground floor dwelling with a parking lot with two (2) stacked parking spaces, and a parking space reduction from six (6) required spaces to four (4) spaces; said property being more particularly described as follows:
1733 WEST THIRD AVENUE (43212), being 0.14± acres located on the south side of West Third Avenue, 114± feet east of Westwood Avenue, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio and City of Columbus:
Being Lot Number Three Hundred Seventy (370) of Frank S. Wagenhals, et. al. Amended Subdivision of Lots Nos. 94 to 252, inc., 319 to 421 inc., to John R. Tilton's Gladdington Heights Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, pages 412-413, Records of Plats, Recorder's Office, Franklin County, Ohio.
PARCEL NUMBER: 010-63276
ADDRESS: 1733 West Third Ave., Columbus, OH 43212
PRIOR INSTRUMENT REFERENCE: 23649H05 - 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 a ground floor dwelling in conjunction with the business established on this property, or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on 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.