Explanation
Council Variance Application: CV06-062
APPLICANT: Jeffrey Kee; 6300 Hilltop Avenue; Reynoldsburg, OH 43068.
PROPOSED USE: To conform an existing single-family dwelling in the C-4, Commercial District.
NORTH CENTRAL 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 single-family 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 neighborhood with dwellings to the east, west and south of the subject site.
Title
To grant a Variance from the provisions of Section 3356.03, C-4 Permitted uses, of the Columbus City Code for the property located at 1970 EAST FIFTH AVENUE (43219), to conform an existing single-family dwelling in the C-4, Commercial District and to declare an emergency. (Council Variance # CV06-062)
Body
WHEREAS, by application No. CV06-060, the owner of property at 1970 EAST FIFTH AVENUE (43219), 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 to complete the sale of the property as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the North Central 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 single-family 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 neighborhood with dwellings to the east, west and south of the subject site; 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 1970 EAST FIFTH 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 of the Columbus City Codes is hereby granted for the property located at 1970 EAST FIFTH 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:
1970 EAST FIFTH AVENUE (43219), being 0.19± acres located on the north side of East Fifth Avenue, 253± feet east of Leonard Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County Of Franklin, and in the City Of Columbus,
Being thirty feet (30) off the east side of Lot Number Ninety (90) and all of Lot Number (91) of the H.M. Parson's Subdivision of Lots or Parcel Numbers Thirty-Six (36) and Thirty-Seven (37) of the Theodore Leonard's Heirs Subdivision as the same are numbered and delineated upon the recorded plat thereof of record in Plat Book Number Seven (7) Page 238, 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-4, 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 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.