Explanation
Council Variance Application: CV07-010
APPLICANT: John Angelo; 12 King Avenue, Unit D; Columbus, OH 43201.
PROPOSED USE: One dwelling unit on the ground floor of an existing residential building.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant seeks a Council variance to allow one dwelling unit on the ground floor of an existing residential building in the C-4, Commercial District. This building has been historically used as residences and there is adequate parking at the site.
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 1371 NORTH HIGH STREET (43201), to permit a dwelling unit on the ground floor of an existing building in the C-4, Commercial District and to declare an emergency. (Council Variance #CV07-010)
Body
WHEREAS, by application No. CV07-010 the owner of property at 1371 NORTH HIGH STREET (43201), is requesting a Council Variance to permit a dwelling unit on the ground floor of an existing building in the C-4, Commercial District.; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, permits apartment uses only above commercial uses, while the applicant proposes to develop a dwelling unit on the ground floor of an existing building in the C-4, Commercial District.; 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 begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, this Council Variance would permit a dwelling unit on the ground floor of an existing residential building in the C-4, Commercial District. The C-4, Commercial District permits apartment uses only above commercial uses; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval and note that a Council variance is required to allow dwelling units on the ground level in the C-4, Commercial District; and
WHEREAS, this building has been historically used as residences and there is adequate parking at the site. Staff finds no negative impact on the surrounding area from this proposal; 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 1371 NORTH HIGH STREET (43201), 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 3356.03, C-4 Permitted Uses, of the Columbus City Codes are hereby granted for the property located at 1371 NORTH HIGH STREET (43201), insofar as said section prohibits a dwelling unit on the ground floor by varying the district's permitted use; said property being more particularly described as follows:
1371 N. High Street Legal Description
Situated in the City of Columbus, in the County of Franklin, and in the State of Ohio:
Being Lot Number One (1) of ELIZABETH J. McMILLER'S SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 29, Recorder's Office, Franklin County, Ohio.
Parcel No.: 010-029839
Street Address: 1371 North High Street
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for one (1) ground floor dwelling unit 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 footprints in conformance with the site plan titled, "KING AND HIGH SHELL IMPROVEMENTS," signed by John Angelo, Applicant, dated , 2007. The Subject Site shall be developed in accordance with the site plans and exhibits. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
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.