Explanation
Council Variance Application: CV06-053
APPLICANT: Randall K. and Stacie B. Shively; c/o Donald T. Plank, Atty.; Plank and Brahm; 145 East Rich Street, 3rd Floor; Columbus, Ohio 43215.
PROPOSED USE: To conform an existing single-family dwelling in the P-2, Public Parking District.
VICTORIAN VILLAGE COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow an existing single-family dwelling to be conforming in the P-2, Parking District. The site was part of a larger site that was rezoned from the ARLD, Apartment Residential District in 1981 for a hospital parking lot, but the dwelling has remained as a nonconforming use. A Council variance is necessary in that dwelling units are prohibited in the P-2, Parking District. A hardship exists in that the owner is trying to sell the home, but the lending institution will only finance a conforming use in the district, and the future owner cannot secure financing to purchase the dwelling.
Title
To grant a Variance from the provisions of Section 3373.01, P-2, Public Parking District of the Columbus City Codes for the property located at 1050 HUNTER AVENUE (43201), to conform an existing single-family dwelling in the P-2, Public Parking District and to declare an emergency. (Council Variance # CV06-053)
Body
WHEREAS, by application No. CV06-053, the owner of property at 1050 HUNTER AVENUE (43201), is requesting a Council variance to allow an existing single-family dwelling in the P-2, Public Parking District; and
WHEREAS, Section 3373.01, P-2, Public Parking District, only permits parking lot use, 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 allow the applicant to complete the sales process for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, The Victorian 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 P-2, Parking District. The site was part of a larger site that was rezoned from the ARLD, Apartment Residential District in 1981 for a hospital parking lot, but the dwelling has remained as a nonconforming use. A Council variance is necessary in that dwelling units are prohibited in the P-2, Parking District. A hardship exists in that the owner is trying to sell the home, but the lending institution will only finance a conforming use in the district, and the future owner cannot secure financing to purchase the dwelling; 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 1050 HUNTER AVENUE (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 3373.01, P-2, Public Parking District of the Columbus City Codes is hereby granted for the property located at 1050 HUNTER AVENUE (43201), in that said section prohibits a single-family dwelling in the P-2, Public Parking District; said property being more particularly described as follows:
1050 HUNTER AVENUE (43201), being 0.19± acres located at the southeast corner of Hunter and West Third Avenues, and being more particularly described as follows:
Tract 1:
Being Lot Number Twenty Three (23) of T. Ewing Miller and John Joyce Addition to the City of Columbus, Ohio. It being a subdivision of Lot No. 16 and a part of Lot No. 15 of Starr's Subdivision.
By his administrator, of Half-Section No. 5, Range 22, Refugee Lands, as the same is numbered and
Delineated upon the recorded plat thereof, of record in Plat Book 2, Page 182, Recorder's Office,
Franklin County, Ohio.
Tract 2:
Being Lot Number Twenty-Five (25) in Miller and Joyce Addition, as the same is numbered and
delineated upon the recorded plat thereof, of record in Plat Book 2, Page 182, Recorder's Office,
Franklin County, Ohio.
Tract 3:
Situated in the State of Ohio, County of Franklin, City of Columbus, a part of Half-Section No. 5,
Township 5, Range 22, Refugee Lands, being a part of Lot Number Twenty-Seven (27) of Miller and
Joyce's Addition, as recorded in Plat Book 2, Page 182, Franklin County Recorder's Office, and more particularly bounded and described as follows:
Beginning at a cross on a wall at the southwest corner of Lot No. 27, a point on the East Line of
Hunter Avenue, (60 feet wide);
Thence along the East line of Hunter Avenue, North 3 degrees 33' 54" East, 16.00 feet;
Thence leaving the East line of Hunter Avenue, North 58 degrees 05' 12" East 23.71 feet to a point on a
curve;
Thence along a curve to the right, having a radius of 295.00 feet and an arch distance of 27.01 feet,
the long chord of said curve bearing South 30 degrees 55' 55" East 27.00 feet;
Thence South 53 degrees 33' 08" East 24.76 feet to a point on the South line of Lot 27;
Thence North 87 degrees 01' 30" West 62.09 feet to the point of beginning. Containing 0.024 acres more
or less.
Reserving unto the Grantor an easement for all existing encroachments over the Property as shown
on the survey thereof attached hereto as Exhibit A and made a part hereof.
Together with an easement for all existing encroachments over Grantor's adjoining property as
Shown on Exhibit A.
Parcel Nos.: 010-020678 and 010-046941
Property Address: 1050 Hunter Avenue
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 P-2, Public Parking District.
SECTION 3. That this ordinance is further conditioned upon the combination of tax parcels 010-020678 and 010-046941 to form one (1) tax parcel within six months of this ordinance's effective date.
SECTION 4. That this ordinance is further conditioned upon compliance with ARLD, Apartment Residential District standards for any additions to the existing structure, or the construction of any accessory structures including a private garage.
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.