Explanation
Council Variance Application: CV03-021
APPLICANT: Elizabeth Wolfe; c/o Richard Kozlowski, Esq.; 65 East State Street; Ste. 2100; Columbus Ohio 43215.
PROPOSED USE: To conform an existing single-family dwelling in the I, Institutional District.
VICTORIAN VILLAGE DISTRICT COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will permit a single-family dwelling in the I, Institutional District. The dwelling is located on a portion of Third Avenue that is characterized by a variety of mulit-family, single-family, and office-commercial land-uses. A Council variance is necessary because a single-family dwelling is not permited within the I, Institutional District and establishment of a single-family district is inconsistent with the zoning pattern of the block. A hardship exists in that a lending institution will only finance a conforming use in the district. The owner seeks to preserve the right to re-build the dwelling in the event of casulty without the need to apply for future variances or special permits.
Title
To grant a Variance from the provisions of Section 3349.03, I, Permitted Uses, for the property located at 50 WEST THIRD AVENUE (43201), to permit an existing single-family dwelling in the I, Institutional District. (Council Variance # CV03-021)
Body
WHEREAS, by application No. CV03-021, the owner of property at 50 WEST THIRD AVENUE (43201), is requesting a Council variance to permit an existing single-family dwelling in the I, Institutional District; and
WHEREAS, Section 3349.03, Permitted Uses, does not permit single-family dwellings, while the applicant proposes to make an existing single-family dwelling a conforming use on the property; and
WHEREAS, Section 3349.04(b) Height, area and yard regulations, requires a minimum lot site of one (1) acre with a minimum frontage of not less than one hundred (100) feet, while the existing single-family dwelling is located on a 5,400 square foot lot with a thirty (30) foot frontage; and
WHEREAS, Section 3349.04(c) Height, area and yard regulations, requires a minimum side yard of twenty feet on each side and a setback of fifty (50) from the street right-of-way, while the existing single-family dwelling has side yards of 1.4 feet on the west side of the lot and a 3.4 feet on the east side of the lot and has a building setback of a minimum of 35.6 feet from the street right-of-way; and
WHEREAS, The Victorian Village Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the dwelling is located on a portion of Third Avenue that is characterized by a variety of mulit-family, single-family, and office-commercial land-uses. A Council variance is necessary because dwelling units are permitted only certain uses in the I, Institutional District and establishment of a single-family district is inconsistent with the zoning pattern of the block. A hardship exists in that a lending institution will only finance a conforming use in the district. The owner seeks to preserve the right to re-build the dwelling in the event of destruction without the need to apply for future variances or special permits; 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 50 WEST THIRD AVENUE (43201), 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 3349.03, Permitted uses, Section 3349.04(b) Height, area and yard regulations, and Section 3349.04(c) Height, area and yard regulations, is hereby granted for the property located at 50 WEST THIRD AVENUE (43201), in that said sections prohibit a single-family dwelling in the I, Institutional District on a 5400 square foot lot with a thirty (30) foot frontage, containing side yards of one (1) foot from the west side property line and three (3) feet from the east property line and a building setback of thirty-five (35) feet from the street right-of-way; said property being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being the East one-half of Lot Number Fourteen (14), in HERSHISER'S AMENDED PLAT of Lots No. 11, 12, 13, 14 and 15 of Hershiser and Astons Addition to the City of Columbus Ohio and of Wm. A. Hershisers residence lot on the plat of said Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 202, Recorder's Office, Franklin County, Ohio.
PN #010-479
Property Address: 50 West Third Avenue, Columbus, Ohio 43201
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 I, Institutional District.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.