Explanation
APPLICANT: Lyle A. Jones Jr.; c/o David M. Neubauer, Atty.; 334 West Third Avenue; Columbus, Ohio 43201.
PROPOSED USE: Conform an existing single-family dwelling.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant seeks a variance to conform an existing single-family dwelling in the C-4 district and to allow a lot split at a later date. The C-4, Commercial District does not permit single-family dwellings. The site lies within the boundaries of The Near Southside Plan (1997), although said Plan contains no specific recommendation regarding this site. The applicant also requests variances to standards including a decreased minimum driveway width from twenty (20) feet to fourteen (14) feet, to have zero (0) parking spaces when a minimum of two (2) parking spaces are required and to have building setbacks decreased from the minimum of ten (10) feet to zero (0) feet. The area contains a mixture of commercial and residential uses and therefore continuance of the single-family use would be consistent with the land use pattern of the area. Maintaining this dwelling as an occupied single-family dwelling would not add to the abundance of vacant houses in the area as identified in The Near Southside Plan (1997). No recommendation is being made regarding the hardship aspect of this request.
Title
To grant a Variance from the provisions of Sections 3356.05, C-4, Commercial district; 3342.08, Driveway; 3342.28, Minimum number of parking spaces required and 3356.11, C-4 district setback lines, of the Columbus City Codes for property located at 500 EAST DESHLER AVENUE (43206), to conform an existing single-family dwelling in the C-4, Commercial District and to declare an emergency..
Body
WHEREAS, by application No. CV06-055, the owner of property at 500 EAST DESHLER AVENUE (43206), is requesting a Council Variance to permit a single-family residence in the C-4, Commercial District; and
WHEREAS, Section 3356.05, C-4, Commercial district, permits residential uses only above certain commercial uses, while the applicant proposes to conform an existing single-family dwelling on the property; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to allow for the sale of the property by the end of 2006 for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3342.08, Driveway, requires a minimum driveway width of twenty (20) feet for commercial uses, while the applicant proposes to use the existing fourteen (14) foot wide driveway; and
WHEREAS, Section 3342.28, Minimum Number of Parking Spaces Required, requires two (2) off-street parking spaces for each single-family dwellings, while applicant proposes to have zero (0) off-street parking spaces; and
WHEREAS, Section 3356.11, C-4 district setback lines, requires buildings to have a setback of ten (10) feet from the right-of-way, while the applicant proposes to maintain the existing zero (0) foot setback; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, the City Departments recommend approval because the area contains a mixture of commercial and residential uses and therefore continuance of the single-family use would be consistent with the land use pattern of the area. As there is an abundance of vacant houses in the area, maintaining this site with a single-family dwelling would prevent this dwelling from becoming vacant; 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 500 EAST DESHLER AVENUE (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 from the provisions of Sections 3356.05, C-4, Commercial District; 3342.08, Driveway; 3342.28, Minimum number of parking spaces required, of the Columbus City Codes for property located at 500 EAST DESHLER AVENUE (43206), insofar as said sections prohibit a single-family dwelling in the C-4, Commercial District, a decreased minimum driveway width from twenty (20) feet to fourteen (14) feet, zero (0) parking spaces when a minimum of two (2) parking spaces are required, building setbacks decreased from the minimum of ten (10) feet to zero (0) feet, said property being more particularly described as follows:
Being 35.29 feet off of the east end of Lot 42 of Frederick Klein's Subdivision to the City of Columbus, as the same is numbered and delineated on the recorded plat thereof, Plat Book 4, page 236, 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 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 "Survey of 0.026 Acres Lying In Part of Lot 42 Frederick Kleins Subdivision Plat Book 4, Page 236, City of Columbus, County of Franklin, State of Ohio," drawn by Landmark Survey Group, Inc., dated April 27, 2006, and signed by Scott D. Grundei and contained within the legal description for this ordinance.
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. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.