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File #: 1063-2006    Version: 1
Type: Ordinance Status: Passed
File created: 6/2/2006 In control: Zoning Committee
On agenda: 7/24/2006 Final action: 7/26/2006
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 1835 ABERDEEN AVENUE (43211), to conform an existing single-family dwelling in the C-4, Commercial District (Council Variance # CV06-009).
Attachments: 1. ORD1063-2006Attachments.pdf, 2. ORD1063-2006Labels.pdf, 3. ORD1063-2006DataSheet.pdf
Date Ver.Action ByActionResultAction DetailsMeeting Details
7/26/20061 ACTING CITY CLERK Attest  Action details Meeting details
7/25/20061 MAYOR Signed  Action details Meeting details
7/24/20061 Zoning Committee Waive the 2nd ReadingPass Action details Meeting details
7/24/20061 Zoning Committee ApprovedPass Action details Meeting details
7/24/20061 COUNCIL PRESIDENT Signed  Action details Meeting details
6/29/20061 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
6/29/20061 Dev Zoning Drafter Sent to Clerk's Office for Council  Action details Meeting details
6/28/20061 Dev Zoning Drafter Sent to Clerk's Office for Council  Action details Meeting details
6/27/20061 Dev Zoning Drafter Sent for Approval  Action details Meeting details
6/27/20061 Dev Zoning Reviewer Reviewed and Approved  Action details Meeting details
6/27/20061 Dev Reviewer Reviewed and Approved  Action details Meeting details
6/27/20061 Dev Zoning Drafter Sent for Approval  Action details Meeting details
6/27/20061 DEVELOPMENT DIRECTOR Reviewed and Approved  Action details Meeting details
Explanation
 
Council Variance Application:  CV06-009
 
APPLICANT:  Jackson Realty; c/o Belvia Jackson; 6888 Jennifer Ann Drive; Lewis Center, OH 43035.
 
PROPOSED USE:  To conform an existing single-family dwelling.
 
NORTH EAST AREA COMMISSION RECOMMENDATION:   Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:   Approval.  The site is developed with a single-family dwelling zoned in the C-4, Commercial District.  The applicant is requesting a Council Variance to conform the dwelling so that the applicant can obtain building permits to repair fire damage that exceeds 50% of the value of the existing dwelling.  The site is located within the planning area of the Northeast Area Plan (1994), which recommends low density residential uses for this location, and single-family residential use is predominant in the area.  A hardship exists in that a variance is necessary to allow necessary repairs to the dwelling.    
 
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 1835 ABERDEEN AVENUE (43211), to conform an existing single-family dwelling in the C-4, Commercial District (Council Variance # CV06-009).
 
Body
 
WHEREAS, by application No. CV06-009, the owner of property at 1835 ABERDEEN AVENUE (43211), is requesting a Council variance to allow an existing single-family dwelling in the C-4, Commercial District; and
 
WHEREAS, Section 3356.03, C-4 Permitted Uses, permits dwelling units only above certain commercial uses, while the applicant proposes to make an existing single-family dwelling a conforming use on the property; and
 
WHEREAS, The North East Area Commission recommends approval; and  
 
WHEREAS, City Departments recommend approval because the site is developed with a single-family dwelling, and the requested Council Variance will conform the dwelling so that the applicant can obtain building permits to repair fire damage that exceeds 50% of the value of the existing dwelling.  The site is located within the planning area of the Northeast Area Plan (1994), which recommends low density residential uses for this location, and single-family residential use is predominant in the area.  A hardship exists in that a variance is necessary to allow necessary repairs to the dwelling; 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 1835 ABERDEEN AVENUE (43211), in using said property as desired; now, therefore:
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
SECTION 1.  That a variance is granted from the provisions of Section 3356.03, C-4, Permitted Uses of the Columbus City Codes for the property located at 1835 ABERDEEN AVENUE (43211), in that said section prohibits a single-family dwelling in the C-4, Commercial District; said property being more particularly described as follows:
 
1835 ABERDEEN AVENUE (43211), being 0.10± acres located on the south side of Aberdeen Avenue, 431± feet west of Joyce Avenue, and being more particularly described as follows:
 
1835 Aberdeen Avenue
Parcel # 010-079651
 
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
 
Being Lot Number Seven (7), and the East half of Lot Number (6), of East Linden Park Place Addition, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 9, page 14, Recorder's Office, Franklin County, Ohio.
 
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 C-4, Commercial District.
 
SECTION 3.  That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
 
SECTION 4.  That this ordinance is further conditioned upon vinyl siding being used as the predominant exterior building material.
 
SECTION 5.  That this ordinance is further conditioned upon compliance with R-3, Residential District standards for any additions to the existing structure, or the construction of any accessory structures including a private garage.
 
SECTION 6.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.