Explanation
Council Variance Application: CV12-016
APPLICANT: Mary Keck; c/o Kathy Wiseman; P.O. Box 373; Johnstown, OH 43031.
PROPOSED USE: To conform an existing single-unit dwelling in the M, Manufacturing District.
FAR SOUTH COLUMBUS AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow an existing single-unit dwelling to be conforming in the M, Manufacturing District. A Council variance is necessary in that single-unit dwellings are prohibited in the M, Manufacturing District. A hardship exists in that a lending institution will only finance a conforming use in the district, and a potential buyer cannot purchase the property without financing. Most of the properties that were zoned as part of this M District in 1963 are still being used as single-unit dwellings. Council variance ordinances 1149-2005 and 1150-2005 were approved for two other single-unit dwellings in this block of Williams Road in 2005.
Title
To grant a Variance from the provisions of Section 3363.01, M, Manufacturing District, for the property located at 1170 WILLIAMS ROAD (43207), to conform an existing single-unit dwelling in the M, Manufacturing District and to declare an emergency (Council Variance # CV12-016).
Body
WHEREAS, by application No. CV12-016, the owner of property at 1170 WILLIAMS ROAD (43207), is requesting a Council variance to conform an existing single-unit dwelling in the M, Manufacturing District; and
WHEREAS, Section 3363.01, M, Manufacturing District, prohibits single-unit dwelling use, while the applicant proposes to make an existing single-unit dwelling a conforming use on the property; and
WHEREAS, the Far South Columbus Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because a lending institution will not finance this existing non-conforming use. Most of the properties that were zoned as part of this M District in 1963 are still being used as single-unit dwellings. Council Variance Ordinance Numbers 1149-2005 and 1150-2005 were approved for two other single-unit dwellings in this block of Williams Road in 2005; 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 1170 WILLIAMS ROAD (43207), in using said property as desired; 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 to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Section 3363.01, M, Manufacturing District of the Columbus City Codes, is hereby granted for the property located at 1170 WILLIAMS ROAD (43207), insofar that said section prohibits a single-unit dwelling in the M, Manufacturing District; said property being more particularly described as follows:
1170 WILLIAMS ROAD (43207), being 0.96± acres located on the north side of Williams Road, 155± feet east of Lockbourne Road, and being more particularly described as follows:
Description of a 0.9619 Ac. Tr. In Sec. 11, Twp. 4, Range 22, City of Columbus, Franklin County, Ohio, For Mary Keck.
Situated in the City of Columbus, County of Franklin, State of Ohio, in section 11, Township 4, Range 22, Mathews Survey of Congress Lands and Being the tract conveyed to Ray and Mary Keck by deed as recorded in official Records 9684-I-02, Recorder's Office, Franklin County, Ohio. More particularly bounded and described as follows:
Beginning at a point on the center line of Williams Road at the southeasterly corner of the Saleh International Trade, Inc. 0.516 acre tract, O.R. 28946-A-15, which bears South 85 degrees05 minutes, 00 Seconds East, 155.00 feet from Franklin County Monument No.8818, found at the Southwesterly corner of said 0.516 acre tract, at the intersection with the center line of Lockbourne Road,
Thence North 05 Degrees 05 minutes East, 145.00 feet, with the easterly line of said 0.516 acre tract, to a 5/8 inch rebar set at the northeasterly corner of said tract in the southerly line of the Delaware Franklin Co. 0.624 acre tract, D.B. 3503, Pg. 898, passing a ¾ inch pipe set at 23.00 feet;
Thence South 85 degrees 05 minutes East, 37.00 feet, with the southerly line of the aforesaid 0.624 acre tract, to a 5/8 inch re-bar found at the southeasterly corner of said 0.624 acre tract;
Thence North 05 degrees 05 minutes East, 141.55 feet, with the easterly line of the aforesaid 0.624 acre tract, to a 5/8inch re-bar found at the northeasterly corner of said tract, in the southerly line of the Cross Road United Baptist Church of Old Zion Assoc. 0.894 acre tract, O.R. 4610-E-12;
Thence South 85 degrees 05 minutes East, 127.56 feet with the southerly line of the aforesaid 0.894 acre tract, to a ½ inch pipe found bent and reset, a the northwesterly corner of the Adelaide H. Davis 0.658 acre tract, O.R. 10500-C-06;
Thence South 05 degrees 06 minutes 30 seconds West, 286.55 feet, with the westerly line of the aforesaid 0.658 acre tract, to a point at the southwesterly corner of said tract, on the center line of Williams Road, passing a ¾ inch pipe set at 265.55 feet;
Thence North 85 degrees 05 minutes West, 164.43 feet, with the center line of the aforesaid road, to the place of beginning;
Containing 0.9619 acre, more or less, and subject to all legal easements, restrictions and conditions, as the same may be of record.
Basis of Bearing, center line of Williams Road being South 85 degrees 05 minutes West, as called in the deed referenced above.
Surveyed and written by Louis F Haines Professional Surveyor 4379
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-unit dwelling.
SECTION 3. That this ordinance is further conditioned upon compliance with R-3, Residential District standards for any additions to the existing structures, the construction of any accessory structures, or the reconstruction of any structures.
SECTION 4. 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.