Explanation
Council Variance Application: CV08-038
APPLICANT: Alexander Medvec; 5959 Luccis Court; Columbus, OH 43228.
PROPOSED USE: Conform an existing single-family dwelling.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant seeks a Council variance to conform an existing single-family dwelling in the C-4, Commercial District. This building has been historically used as a residence and there is adequate parking at the site.
Title
To grant a Variance from the provisions of Section 3356.03, C-4 Permitted Uses, of the Columbus City Codes for the property located at 253 EAST ELEVENTH AVENUE (43201), to conform a single-unit dwelling in the C-4, Commercial District. (Council Variance #CV08-038)
Body
WHEREAS, by application No. CV08-038 the owner of property at 253 EAST ELEVENTH AVENUE (43201), is requesting a Council Variance to conform an existing single-family dwelling in the C-4, Commercial District.; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, permits apartment uses only above commercial uses, while the applicant proposes to continue using the existing single-family dwelling in the C-4, Commercial District entirely for residential use; and
WHEREAS, this Council Variance would permit a dwelling unit on the ground floor of an existing residential building in the C-4, Commercial District. The C-4, Commercial District permits apartment uses only above commercial uses; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval and note that a Council variance is required to allow single-family dwellings in the C-4, Commercial District; and
WHEREAS, this building has been historically used as a single-unit dwelling . Staff finds no negative impact on the surrounding area from this proposal; 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 253 EAST ELEVENTH AVENUE (43201), 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 Section 3356.03, C-4 Permitted Uses, of the Columbus City Codes are hereby granted for the property located at 253 EAST ELEVENTH AVENUE (43201), insofar as said section prohibits a single family dwelling by varying the district's permitted use; said property being more particularly described as follows:
1371 N. High Street Legal Description
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus and further described as follows:
Being Lot Number Twenty-one (21) of CLIFTON'S ADDITION, to the City of Columbus as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, page 277, Recorder's Office, Franklin County, Ohio.
Parcel No.: 010-012745
Street Address: 253 East 11th Ave., Columbus, OH 43201
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for one (1) single family dwelling or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on a commitment by the owner to maintain the existing building footprint in conformance with the site plan titled, "EXHIBIT A," signed by Alexander Medvec, Applicant, dated February 25, 2009.
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.