Explanation
Council Variance Application: CV10-017
APPLICANT: Hilltop Housing LP; 3021 East Dublin-Granville Road; Columbus, OH 43231.
PROPOSED USE: To construct one single-unit dwelling in the C-4, Commercial District.
GREATER HILLTOP AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council variance to construct a single-unit dwelling in the C-4, Commercial District. A Council variance is necessary because dwelling units are permitted only above commercial uses in the C-4, Commercial District. This vacant site is one of four parcels, zoned C-4 at the intersection of Steele and North Wayne Avenues. The other three C-4, parcels are developed with single-unit dwellings and these parcels are surrounded by dwellings and residential zoning. Staff finds the current C-4, Commercial District zoning to be obsolete and would like to see this site and the other three C-4, parcels rezoned to the R-4, Residential District to reflect the uses. The proposed Council Variance is consistent with the draft Hilltop Plan Amendment which recommends Medium Density Mixed Residential, which includes single-unit dwellings for this parcel.
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 166 WAYNE AVENUE (43204), to permit a single-unit dwelling in the C-4 Commercial District. (CV10-017).
Body
WHEREAS, by application No. CV10-017, the owner of property at 166 WAYNE AVENUE (43204), is requesting a Council Variance to permit a single-unit dwelling in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4, Permitted uses, does not allow dwellings on the ground floor, while the applicant proposes to permit a maximum of one (1) single-unit dwelling; and
WHEREAS, the Greater Hilltop Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because Staff finds the current C-4, Commercial District zoning to be obsolete and would like to see this site and the other three C-4, parcels rezoned to the R-4, Residential District to reflect the uses. The proposed Council Variance is consistent with the draft Hilltop Plan Amendment which recommends Medium Density Mixed Residential, which includes single-unit dwellings for this parcel. The applicant is requesting a Council variance to construct a single-unit dwelling in the C-4, Commercial District. A Council variance is necessary because dwelling units are permitted only above commercial uses in the C-4, Commercial District. This vacant site is one of four parcels, zoned C-4 at the intersection of Steele and North Wayne Avenues. The other three C-4, parcels are developed with single-unit dwellings and these parcels are surrounded by dwellings and residential zoning; 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 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 owner of the property located at 166 WAYNE AVENUE (43204), 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 Sections 3356.03, C-4 Permitted uses; of the Columbus City Codes for the property located at 166 WAYNE AVENUE (43204), insofar as said sections prohibit a single-unit dwelling in the C-4, Commercial District, said property being more particularly described as follows;
Situated in the state of Ohio, County of Franklin, City of Columbus, and being all of lot number 103 of Highland Park Subdivision as recorded in Plat Book 4, Page 326, Franklin County Recorder's Office.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is developed with up to one (1) single-unit dwelling per parcel or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on a commitment that the site be developed in conformance with the site plan titled, "TWO-STORY SINGLE FAMILY HOME 166, N. WAYNE AVE. COLUMBUS OHIO 43204," signed by, Dylan Collner, Agent for the Applicant, dated July 8, 2010. The Subject Site shall be developed in accordance with the site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is conditioned on that any siding on the proposed dwelling must be cement board siding and that at least two windows per façade be provided on the single-unit dwelling.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.