Explanation
Council Variance Application: CV07-051
APPLICANT: City of Columbus; c/o John Waddy, Jr., Atty.; 111 Hamilton Park; Columbus, Ohio 43203.
PROPOSED USE: Multi-family development.
NEAR EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This is a request to conform an existing apartment building, which is in the process of being converted from an 18-unit to a 12-unit building, in the R-2F, Residential District. The R-2F district does not permit more than two (2) dwelling-units on one lot or more than two-dwelling units in one building. The building has been utilized as an apartment for many years. Approval of this request will not add a new or incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential district, for the property located at 102-128 HAMILTON AVENUE (43203), to permit an existing apartment house in the R-2F, Residential District and to declare an emergency .
(Council Variance # CV07-051)
Body
WHEREAS, by application No. CV07-051, the owner of property at 102-128 HAMILTON AVENUE (43203), is requesting a Council Variance to permit an existing apartment house in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, Residential District, prohibits apartment houses, while the applicant proposes to conform an apartment house; 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 due to the pending sell of the property that will be lost if legislation is not passed and be signed on or before January 17, 2008 for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the Near East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because this request will not add a new or incompatible use to the area; and
WHEREAS, the applicant has specifically requested a use variance only, with no variances requested to the development standards; 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 102-128 HAMILTON AVENUE (43203), 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 3332.037, R-2F, Residential district, for the property located at 102-128 HAMILTON AVENUE (43203), insofar as said section prohibits a 12 unit apartment house; said property being more particularly described as follows:
102-128 HAMILTON AVENUE (43203), being 0.31± acres located at the southeast corner of Long Street and Hamilton Avenue, and being more particularly described as follows:
Situated in the County of Franklin, State of Ohio and City of Columbus and bounded and described as follows:
Being Lot Number ONE HUNDRED NINE (109), in EAST PARK PLACE ADDITION as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 61, Recorder's Office, Franklin County, Ohio.
Tax District and Parcel No. 010-019363-00
AND
Situated in the County of Franklin, State of Ohio and City of Columbus and bounded and described as follows:
Being Lot Number ONE HUNDRED TEN (110), in EAST PARK PLACE ADDITION as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 61, Recorder's Office, Franklin County, Ohio.
Tax District and Parcel No. 010-038853-00
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for an apartment house, or those uses permitted in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
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.