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File #: 0216-2004    Version: 1
Type: Ordinance Status: Passed
File created: 1/21/2004 In control: Zoning Committee
On agenda: 3/1/2004 Final action: 3/2/2004
Title: To grant a Variance from the provisions of Sections 3363.01, M-manufacturing district, and 3342.28, Minimum number of parking spaces required, for the property located at 85 LIBERTY STREET (43215), to permit an existing single-family dwelling with no parking spaces in the M, Manufacturing District (Council Variance # CV03-044).
Attachments: 1. ORD0216-2004Hardship&Maps.pdf, 2. ORD0216-2004BreweryLetter.pdf, 3. ORD0216-2004projdis.pdf, 4. ORD0216-2004Labels.pdf

Explanation

 

Council Variance Application:  CV03-044

 

APPLICANT:  Arthur F. Cecil, III; c/o Jim Sterner, Agent; 885 South Front St.; Columbus, Ohio 43206.

 

PROPOSED USE:  To conform an existing single-family dwelling in the M, Manufacturing District.

 

BREWERY DISTRICT COMMISSION RECOMMENDATION:   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), Northern Tier Subarea recommends that parcels be rezoned to a mixed-use district that allow residential and commercial uses, and encourages the preservation of the historic character.  Until such time that an area-wide rezoning is complete, the Council variance is the most suitable means to allow non-conforming uses.  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 Sections 3363.01, M-manufacturing district, and 3342.28, Minimum number of parking spaces required, for the property located at 85 LIBERTY STREET

(43215), to permit an existing single-family dwelling with no parking spaces in the M, Manufacturing District  (Council Variance # CV03-044).

 

Body

 

WHEREAS, by application No. CV03-043, the owner of property at 85 LIBERTY STREET (43215), 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, 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) parking spaces for the existing dwelling; 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 85 LIBERTY STREET (43215), 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 Sections 3363.01, M-manufacturing district, and 3342.28, Minimum number of parking spaces required, is hereby granted for the property located at 85 LIBERTY STREET (43215), 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:

 

85 LIBERTY STREET (43215), being 0.09± acres located on the west side of North Fourth Street, 150± feet west of South Front Street, being more particularly described as follows:

 

Situated in the State of Ohio, County of Franklin and in the City of Columbus: Being Twenty-Two and One-half (22-1/2) feet in width off the East side of Lot Number Four (4) in ROBERT ARMSTRONG'S ADDITION, called "Point Pleasant" to the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in plat Book 33, Page 122, 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 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.