Explanation
Council Variance Application: CV23-142
APPLICANT: Babu Dahya & Martha McFerran; 43 Fallis Road; Columbus, OH 43214.
PROPOSED USE: Rooming house.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
UNIVERSITY DISTRICT IMPACT REVIEW BOARD RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a rooming house in the C-4, Commercial District and within the boundaries of the University District Zoning Overlay (UDZO). The requested Council variance will legitimize the existing use, and is required because the C-4 district does not allow residential uses unless they are located above certain commercial uses. The site is located within the planning boundaries of the University Area Plan (2015), which recommends “Neighborhood Mixed Use” land uses at this location. Staff supports the request as the existing residential component is compatible with the mix of residential uses in the surrounding neighborhood, and is consistent with the Plan's recommendation. Staff note that the site is also subject to the University Impact District Review Board for any exterior modifications.
Title
To grant a Variance from the provisions of Section 3356.03, C-4 permitted uses, of the Columbus City Codes; for the property located at 229 E. 11TH AVE. (43201), to allow a rooming house in the C-4, Commercial District (Council Variance #CV23-142).
Body
WHEREAS, by application #CV23-142, the owner of property at 229 E. 11TH AVE. (43201), is requesting a Council variance to allow a rooming house in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 permitted uses, allows residential uses when located above certain commercial uses, but does not allow residential units when located on the first floor, while the applicant would like to legitimize an existing rooming house; and
WHEREAS, the University Area Commission recommends approval; and
WHEREAS, the University Impact District Review Board recommends approval; and
WHEREAS, the City Departments recommend approval because the request is consistent with the Plan’s recommendation which includes a residential component and does not introduce an incompatible use to the surrounding neighborhood; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Zoning Clearance for the proposed rooming house; 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 the 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 of Columbus; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owner of the property located at 229 E. 11TH AVE. (43201) 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 Section 3356.03, C-4, permitted uses, of the Columbus City Codes; is hereby granted for the property located at 229 E. 11TH AVE. (43201), insofar as said sections prohibit a rooming house in the C-4, Commercial District; said property being more particularly described as follows:
229 E. 11TH AVE. (43201), being 0.10± acres located on the south side of East 11th Avenue, 75± feet west of Hamlet Street, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number Twenty-Five (25), of Clifton Avenue Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 227, Recorder’s Office, Franklin County, Ohio.
Being the same more or less, but subject to all legal highways.
Address: 229 E. 11th Avenue, Columbus, OH 43201
Parcel Number: 010-005201
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a rooming house, or those uses allowed in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Zoning Clearance for the proposed rooming house.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.