Explanation
Council Variance Application: CV07-009
APPLICANT: John J. and Barbara L. Bolin; 2335 Cleveland Avenue; Columbus, OH 43211.
PROPOSED USE: A single-family dwelling in the C-4, Commercial District.
NORTH LINDEN 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 dwellings are not permitted in the C-4, Commercial District. A hardship exists because the non-conforming nature of the site precludes financing options and the dwelling has been long established on this lot. The use of the property as a single-family dwelling is consistent with the surrounding development pattern.
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 2335 CLEVELAND AVENUE (43211), to conform an existing single-family dwelling in the C-4, Commercial District and to declare an emergency. (Council Variance # CV07-009)
Body
WHEREAS, by application No. CV07-009, the owner of property at 2335 CLEVELAND AVENUE (43211), is requesting a Council variance to allow an existing single-family dwelling in the C-4, Commercial District; and
WHEREAS, Section 3356.03, 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance in order to complete the refinancing of the property for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, The North Linden Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will allow an existing single-family dwelling to be conforming in the C-4, Commercial District. A Council variance is necessary in that dwellings are not permitted in the C-4, Commercial District. A hardship exists because the non-conforming nature of the site precludes financing options and the dwelling has been long established on this lot. The use of the property as a single-family dwelling is consistent with the surrounding development pattern; 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 2335 CLEVELAND AVENUE (43211), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. A Variance from the provisions of Section 3356.03, C-4 Permitted uses of the Columbus City Codes is hereby granted for the property located at 2335 CLEVELAND AVENUE (43211), in that said section prohibits a single-family dwelling in the C-4, Commercial District; said property being more particularly described as follows:
2335 CLEVELAND AVENUE (43211), being 0.27± acres located at the northwest corner of Cleveland and Loretta Avenues, and being more particularly described as follows:
Situated in the County of Franklin, City of Columbus, State of Ohio, and described as follows:
Being Lot Number Twelve (12) and twenty-two and five tenths (22.5) feet off the south side of Lot Number Eleven (11) of Kiner Heir's Subdivision, as the same as numbered and delineated upon the recorded plat thereof, of record in Plat Book 18, Page 3, 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 upon compliance with R-3, Residential District standards for any additions to the existing structure, or the construction of any accessory structures including a private garage.
SECTION 4. That this ordinance is further conditioned upon no expansion of the existing gravel surface. In addition, any parking-related alteration to the property including the construction of a garage will require compliance with Chapter 3342 requirements.
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.