Explanation
Council Variance Application: CV04-016
APPLICANT: Tuscan Group LTD c/o Eric Ward; 7075 Riverside Drive; Dublin, Ohio 43016.
PROPOSED USE: A single-family dwelling in the C-4, Commercial District.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will permit development of a vacant lot zoned in the C-4, Commercial District with an infill single-family dwelling. The site is surrounded by single-family residential development to the east and south, and by vacant land in the C-4, Commercial District to the west. The site lies within the planning area of the Near East Area Plan (1995), Northeast District, which encourages owner-occupied homes and construction of new housing that is compatible with the architectural style of surrounding structures. A hardship exists because the C-4 Commercial District prohibits single-family dwelling use.
Title
To grant a Variance from the provisions of Section 3356.03, C-4, Permitted Uses, for the property located at 1853 MARYLAND AVENUE (43219), to permit a single-family dwelling in the C-4, Commercial District.
Body
WHEREAS, by application No. CV04-016, the owner of property at 1853 MARYLAND AVENUE (43219), is requesting a Council variance to allow the construction of a 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 construct a single-family dwelling on a vacant commercially-zoned lot in a residential area; and
WHEREAS, The Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the requested variance will permit development of a vacant lot zoned in the C-4, Commercial District with an infill single-family dwelling, and the C-4 Commercial District prohibits single-family dwelling use. The site is surrounded by single-family residential development to the east and south, and by vacant land in the C-4, Commercial District to the west. The site lies within the planning area of the Near East Area Plan (1995), Northeast District, which encourages owner-occupied homes and construction of new housing that is compatible with the architectural style of surrounding structures; 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 1853 MARYLAND AVENUE (43219), 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 1853 MARYLAND AVENUE (43219), in that said section prohibits a single-family dwelling in the C-4, Commercial District; said property being more particularly described as follows:
1853 MARYLAND AVENUE (43219), being 0.25± acres located on the south side of Maryland Avenue, 55± feet west of Chatfield Park, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being lot numbers eleven (11) and twelve (12), of Block 18, Eastgate Subdivision #2, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 13, page 2, 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 is further conditioned upon the proposed single-family dwelling being developed in accordance with R-3, Residential District requirements.
SECTION 4. That this ordinance is further conditioned upon 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.