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File #: 1539-2008    Version: 1
Type: Ordinance Status: Passed
File created: 9/24/2008 In control: Zoning Committee
On agenda: 11/3/2008 Final action: 11/12/2008
Title: To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted Uses; 3342.08(a), Driveway; 3342.15, Maneuvering; and 3372.609, Setback requirements, of the Columbus City codes, for the property located at 1470 & 1476 SOUTH HIGH STREET (43207), to conform two existing two-family dwellings with reduced development standards in the C-4, Commercial District.(Council Variance #CV08-014)
Attachments: 1. ORD1539-2008.attchmnts.pdf, 2. ORD1539-2008.lbls.pdf, 3. City Council Data Form_CV08-014.pdf
Explanation
 
Council Variance Application:  CV08-014
 
APPLICANT:  Bob Trankley; 354 East Gates Street; Columbus, OH 43206.
      
PROPOSED USE: To conform two existing two-family dwellings in the C-4, Commercial District.
                                                                              
CITY DEPARTMENTS' RECOMMENDATION:  Approval.   The property is zoned in the C-4, Commercial District.  The applicant is applying for a Council Variance to allow two existing two-family dwellings in the C-4, Commercial District.  Dwelling units are only permitted in the C-4, Commercial District when they are located above commercial uses.  Staff has supported allowing ground floor residential uses on this portion of South High Street and this proposal would not be out of character for the area.  
 
 
 
Title
 
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted Uses; 3342.08(a), Driveway; 3342.15, Maneuvering; and 3372.609, Setback requirements, of the Columbus City codes, for the property located at 1470 & 1476 SOUTH HIGH STREET (43207), to conform two existing two-family dwellings with reduced development standards in the C-4, Commercial District.(Council Variance #CV08-014)
 
 
 
Body
 
WHEREAS, by application No. CV08-014, the owner of property at 1470 & 1476 SOUTH HIGH STREET (43207), is requesting a Council Variance to permit two existing two-family dwellings in the C-4, Commercial District; and
 
WHEREAS, Section 3356.03, C-4 Permitted Uses, prohibits dwellings on the ground floor, while the applicant proposes two two-family dwellings; and
 
WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area which may include an aisle, circulation area or improved alley, while the applicant proposes to maintain existing maneuvering over and through other parking spaces; and
 
WHEREAS, Section 3342.08a, Driveway, requires that driveways serving a parking lot shall be designed so that vehicles entering or leaving the parking lot will be traveling in a forward motion; while the applicant proposes vehicles travel in a backward motion leaving the parking lot; and
 
WHEREAS, Section 3372.609, Setback requirements, requires a minimum building setback of zero (0) feet and a maximum building setback of ten (10) feet, while applicant proposes to maintain the existing thirteen (13)± foot building setback along South High Street; and
 
WHEREAS, City Departments recommend approval because the property is zoned in the C-4, Commercial District.  The applicant is applying for a Council Variance to conform two existing two-family dwellings in the C-4, Commercial District.  Dwellings are only permitted on the second floor in the C-4, Commercial District.  Staff has supported allowing ground floor residential uses on this portion of South High Street and this proposal would not be out of character for the area; 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 property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the city; and
 
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 1470 & 1476 SOUTH HIGH STREET (43207), 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 3356.03, C-4 Permitted Uses; 3342.08(a), Driveway; 3342.15, Maneuvering; and 3372.609, Setback requirements, of the Columbus City Codes is hereby granted for the property located at 915 SOUTH HIGH STREET (43206), insofar as said sections prohibit two-family dwellings in the Urban Commercial Overlay and in the C-4, Commercial District with an existing thirteen± foot front setback, with a parking lot with stacked parking spaces and in which vehicles may not enter and exit in a forward motion, said property being more particularly described as follows:
 
1470 & 1476 SOUTH HIGH STREET (43207), being 0.28± acres located at east side of South High Street, 116± feet north of Markison Avenue, and being more particularly described as follows:
 
Situated in the County of Franklin, in the state of Ohio and in the City of Columbus: Being Lot Number Four (4) of C.Siebert Subdivision. Parcel Number 41935, as the same as numbered and delineated upon the recorded plat thereof, of record in Plat Book K, Page 49, Recorders office, Franklin County, Ohio.
 
Street Address: 1470-1472 S. High Street, Columbus, OH 43206
Parcel No.: 010-041935
Prior  origin and history of parcel in 1919 Duplicate Vol. 3 Page 303 of the original records of Franklin County, Ohio
 
Situated in the County of Franklin, in the state of Ohio and in the City of Columbus: Being Lot Number Five (5) of C.Siebert Subdivision. Parcel Number 38638, as the same as numbered and delineated upon the recorded plat thereof, of record in Plat Book K, Page 49, Recorders office, Franklin County, Ohio.
 
Street Address: 1476-1478 S. High Street, Columbus, OH 43206
Parcel No.: 010-038638
Prior  origin and history of parcel in 1919 Duplicate Vol. 3 Page 217 of the original records of 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 two ground floor dwellings or those uses permitted in the C-4, Commercial District.
 
SECTION 3.  That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
 
SECTION 4. That this ordinance is conditioned on the subject site being developed in general conformance with the submitted site plans titled, "ATTACHMENTS A & B", signed by Bob Trankley, Agent, and dated Septmber 23, 2008.  The site plans may be slightly adjusted to reflect engineering, topographical or other site data developed at the time development and engineering plans are completed.  Any slight adjustment to the plan shall be reviewed and may be approved by the Director of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
 
SECTION 5.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.