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File #: 0882-2003    Version: 1
Type: Ordinance Status: Passed
File created: 4/29/2003 In control: Zoning Committee
On agenda: 6/16/2003 Final action: 6/18/2003
Title: To grant a Variance from the provisions of Section 3356.03, C-4, Permitted Uses, for the property located at 24 WEST DESHLER AVENUE (43206), to permit an existing single-family dwelling in the C-4, Commercial District.
Attachments: 1. ORD0882-2003hardship.tif, 2. ORD0882-2003zone.pdf, 3. ORD0882-2003gis.pdf, 4. ORD0882-2003Brewery.tif, 5. ORD0882-2003projdis.tif
Explanation
 
Council Variance Application:  CV03-009
 
APPLICANT:  Beth Urban and Baptist Dias; 24 West Deshler Avenue; Columbus, Ohio 43206.
 
PROPOSED USE:  To conform an existing single-family dwelling in the C-4, Commercial District.
 
BREWERY DISTRICT COMMISSION RECOMMENDATION:   Approval.
 
CITY DEPARTMENTS' RECOMMENDATION:   Approval.  This variance will allow an existing single-family dwelling to be conforming in the C-4, Commercial District.  A Council variance is necessary in that dwelling units are permitted only above certain commercial uses in the C-4, Commercial District.  The Brewery District Plan, (1992), does not address nonconforming residential uses within the High Street Corridor Subarea, but does encourage the preservation of original buildings within the corridor.  A hardship exists in that the lending institution will only finance a conforming use in the district, and the owners cannot preserve the building without additional financing.  
    
 
 
Title
 
To grant a Variance from the provisions of Section 3356.03, C-4, Permitted Uses, for the property located at 24 WEST DESHLER AVENUE (43206), to permit an existing single-family dwelling in the C-4, Commercial District.
 
Body
 
WHEREAS, by application No. CV03-009, the owner of property at 24 WEST DESHLER AVENUE (43206), is requesting a Council variance to permit 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 Brewery District Commission recommends approval; and  
 
WHEREAS, City Departments recommend approval and note a hardship exists because the lending institution will not finance this existing non-conforming use, and the owners cannot preserve the building without additional financing; 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 24 WEST DESHLER AVENUE (43206), 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 3356.03, C-4, Permitted Uses is hereby granted for the property located at 24 WEST DESHLER AVENUE (43206), in that said section prohibits a single-family dwelling in the C-4, Commercial District; said property being more particularly described as follows:
 
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being lot number four (4), of John Knopf's subdivision, of half section 29, township 5, range 22, refugee lands, as the same is numbered and delineated upon the recorded plat thereof, of record in plat book 3, page 406, recorders office, Franklin County
 
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 shall take effect and be in force from and after the earliest period allowed by law.