Explanation
Council Variance Application: CV08-044
APPLICANT: City of Columbus, Development Department, Land Redevelopment Office; c/o John Turner, Agent; 109 North Front Street; Columbus, Ohio 43215.
PROPOSED USE: Construct two single-family dwellings.
FRANKLINTON AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council variance to allow two (2) single-family dwellings in the C-2, Commercial District. A Council variance is necessary because single-family dwellings are not permitted in the C-2 Commercial District. The site is two of fourteen C-2 parcels surrounded by the R-4, Residential District. This C-2, District has been in place since 1946. The fourteen parcels within the C-2, Commercial District are either vacant or developed with nonconforming one- or two-family dwellings. The surrounding R-4, Residential District is characterized by single and two-family dwellings, thus the request is consistent with the existing development pattern The site is within the planning area of the Franklinton Plan (2003) which recommends single-family dwellings for the site. The applicants have agreed to design their building utilizing the Design Guidelines in the Franklinton Plan (2003). The requested variance would permit a single-family development consistent with the development pattern and character of the surrounding neighborhood. The Planning Division has indicated to the applicant they will be rezoning this area.
Title
To grant a variance from the provisions of Section 3353.03, Permitted uses; of the City codes, for the property located at 133 NORTH GUILFORD AVENUE (43222), to permit two single-family dwellings in the C-2 Commercial District and to declare an emergency. (CV08-044).
Body
WHEREAS, by application No. CV08-044, the owner of property at 133 NORTH GUILFORD AVENUE (43222), is requesting a Council Variance to permit a maximum of two (2) single-family dwellings in the C-2, Commercial District; and
WHEREAS, Section 3353.03, C-2, Commercial use, does not allow single-family dwellings, while the applicant proposes to permit a maximum of one (1) single-family dwelling on each of the two (2) parcels; 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, the Franklinton Area Commission recommends approval; and
WHEREAS, City Departments recommend approval to allow two (2) single-family dwelling units in the C-2, Commercial District because single-family dwellings are not permitted in the C-2 Commercial District. The C-2, Commercial District that the site lies in consists of fourteen parcels surrounded by an R-4, Residential District. This C-2, District has been in place since 1946. The fourteen parcels within the C-2, Commercial District are either vacant or developed with one or two-family dwellings. The surrounding R-4, Residential District is characterized by single and two-family dwellings, thus the request is consistent with the existing development pattern The site is within the planning area of the Franklinton Plan (2003) which recommends single-family dwellings for the site. The applicants have agreed to design their building utilizing the Design Guidelines in the Franklinton Plan (2003). The requested variance would permit a single-family development consistent with the development patterns and character of the surrounding neighborhood; 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 owner of the property located at 133 NORTH GUILFORD AVENUE (43222), 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 Sections 3353.03, C-2, Commercial use use; of the Columbus City Codes for the property located at 133 NORTH GUILFORD AVENUE (43222), insofar as said sections single-family dwellings, said property being more particularly described as follows; and
ZONING EXHIBIT
0.20 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 70260, being all of Lots 119 and 120 of that subdivision entitled "Guilford Park Addition" of record in Plat Book 4, Page 330 (all references are to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning, for reference, at the centerline intersection of Guilford Avenue with Wendell Street;
thence North 08° 19' 42" West, a distance of 43.72 feet to a point;
thence South 81° 40' 18" West, a distance of 25.00 feet to the TRUE POINT OF BEGINNING;
thence South 08° 22' 01" East, a distance of 66.00 feet to a point;
thence South 81° 53' 42" West, a distance of 130.00 feet to a point;
thence North 08° 25' 53" West, a distance of 66.00 feet to a point;
thence North 81° 51' 04" East, a distance of 130.00 feet to the TRUE POINT OF BEGINNING and containing 0.20 acre of land, more or less.
This description was prepared for documents of record for the purposes of rezoning. This description is not to be used for transfer of real property.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with up to one (1) single-family dwelling per parcel or those uses permitted in the C-2, Commercial District.
SECTION 3. That this ordinance is further conditioned that any new residential construction on this lot shall comply with R-4, Residential District development standards, except that minimum lot width shall be 33± feet, minimum lot area shall be 4290± square feet (excluding alley right-of-way).
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.