Explanation
Council Variance Application: CV03-041
APPLICANT: Wood G P, Ltd.; c/o Donald Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Seven unit multi-family dwelling.
ITALIAN VILLAGE AREA COMMISSION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This Council Variance would permit the change of use of an existing commercial building to seven (7) dwelling units in the C-4, Commercial District. The C-4, Commercial District permits apartment uses only above commercial uses. A hardship exists in that the Council variance is the only process to permit dwelling units on the ground floor in the C-4, Commercial District. The proposed use is consistent with residential uses in the immediate vicinity of the property.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted Uses, 3356.05 and C-4 District Development Limitations, of the Columbus City Codes for the property located at 33 WARREN STREET (43201), to permit seven (7) dwelling units in the C-4, Commercial District.
Body
WHEREAS, by application No. CV03-041, the owner of property at 33 WARREN STREET (43201), is requesting a Council Variance to permit seven (7) dwelling units in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4, Permitted Uses, prohibits ground floor dwelling units, while the applicant proposes to change the use of the building for the use as seven (7) dwelling units in its entirety; and
WHEREAS, Section 3356.05, C-4, District Development Limitations, prohibits ground floor dwelling units, while the applicant proposes to change the use of the building in its entirety for seven (7) dwelling units; and
WHEREAS, the City Departments recommend approval of said ordinance because the proposed use is consistent with residential uses in the immediate vicinity of the property; and
WHEREAS, the Italian Village Area Commission recommends approval; and
WHEREAS, a hardship exists in that a Council Variance is the only process to permit dwelling units in the C-4, Commercial District when not located over ground floor commercial use; 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, 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 alleviate the difficulties encountered by the owners of the property located at 33 WARREN STREET (43201), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That variances from the provisions of Sections 3356.03, C-4, Permitted Uses and 3356.05, C-4, District Development Limitations of Columbus City Codes are hereby granted for the property located at 33 WARREN STREET (43201), insofar as said sections prohibit dwelling units in the C-4, Commercial District when not located over ground floor commercial uses; said property being more particularly described as follows:
Situated in the County of Franklin, City of Columbus and being further described as:
Being Lot Number Thirty-five (35) of WILLIAM G. GILL'S SECOND ADDITION to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 280, 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 seven dwelling units, 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. The existing building occupies almost the entire parcel. Under the provisions of Title 13, the change of use to seven (7) dwelling units requires a dumpster, while there is no place on the property to place a dumpster. The Division of Refuse has approved and will place one or more 300 gallon containers in the alley right of way south of the property to provide refuse collection service for the property. Applicant acknowledges that all residents must carry their trash to the 300 gallon container(s) and will instruct residents accordingly. Applicant also has the right to opt-out of City of Columbus refuse collection through the use of a private hauler for collection of refuse using individual containers for each of the seven (7) dwelling units.
Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.