Explanation
Council Variance Application: CV09-015
APPLICATION: Blades Enterprises LLC; c/o Rusty Blades; 1678 Rathmell Road; Lockbourne, Ohio 43215.
PROPOSED USE: To conform an existing single-family dwelling in the M, Manufacturing District.
BREWERY DISTRICT COMMISSION RECOMMENDATION: Pending July 2, 2009 meeting. Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow an existing single-family dwelling to be conforming in the M, Manufacturing District. A Council variance is necessary in that single-family dwellings are prohibited in the M, Manufacturing District. The Brewery District Plan (1992), Southern Tier Subarea, recommends that the area be rezoned to a mixed-use district that allows residential and low intensity commercial uses, and encourages the preservation of the residential character. Until such time that an area-wide rezoning is complete, Council variances are the most suitable means to allow non-conforming uses. A hardship exists because the non-conforming nature of the site precludes financing options and the dwelling has long been established on this lot.
Title
To grant a Variance from the provisions of Sections 3363.01, M-manufacturing district, and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes; for the property located at 974 SOUTH FRONT STREET (43206), to permit an existing single-family dwelling with no parking spaces in the M, Manufacturing District and to declare an emergency (Council Variance # CV09-015).
Body
WHEREAS, by application No. CV09-015, the owner of property at 974 SOUTH FRONT STREET (43206), is requesting a Council variance to permit an existing single-family dwelling in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M-manufacturing district, prohibits single-family dwelling 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 due to the need to uphold the sale contract and the lending bank to authorize the purchase for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires two (2) parking spaces per dwelling unit, while the applicant proposes to maintain zero (0) on-site parking spaces for the existing dwelling but has one off-site parking space via a perpetual easement on Parcel Number 010-028135; and
WHEREAS, the Brewery District 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 M, Manufacturing District. A Council variance is necessary in that dwellings are not permitted in the M, Manufacturing District. A hardship exists because the non-conforming nature of the site precludes financing options and the dwelling has long been established on this lot. The use of the property as a single-family dwelling is consistent with the surrounding development pattern; 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 974 SOUTH FRONT STREET (43206), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. A Variance from the provisions of Sections 3363.01, M-manufacturing district, and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes is hereby granted for the property located at 974 SOUTH FRONT STREET (43206), insofar that said sections prohibit a single-family dwelling with no parking spaces in the M, Manufacturing District; said property being more particularly described as follows:
974 SOUTH FRONT STREET (43206), being 0.06± acres located on the east side of South Front Street, 144± feet south of Frederick Street, being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being 98 feet off the entire west end of Lot Number Twenty-three (23) of Frederick Michael's Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 3, page 114, Recorder's Office, Franklin County, Ohio.
Parcel Number: 010-029360
Address: 974 South Front Street, Columbus, Ohio 43206
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 M, Manufacturing District.
SECTION 3. 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.