Explanation
Council Variance Application: CV03-043
APPLICATION: 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), Southern Tier Subarea recommends that the area be rezoned to a mixed-use district that allows residential and low intensity commercial uses, and encourages the preservation of the residential 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 747 SOUTH FRONT STREET (43206), to permit an existing single-family dwelling with no parking spaces in the M, Manufacturing District and to declare an emergency (Council Variance # CV03-043).
Body
WHEREAS, by application No. CV03-043, the owner of property at 747 SOUTH FRONT STREET (43206), 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, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to establish the Variance since the property for the following reasons: the property is financed with an interest only loan which comes due on March 10, 2004 and in order to obtain permanent financing, the property must have the council variance for residential zoning and; furthermore if the property was destroyed by fire, it could not be rebuilt as a single family residence under the current zoning - these reasons are therefore mentioned for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 747 SOUTH FRONT STREET (43206), 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 747 SOUTH FRONT STREET (43206), 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:
747 SOUTH FRONT STREET (43206), being 0.13± acres located on the west side of Front Street, 63± feet south of Frankfort Street, being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number One Hundred and Sixty-Nine (169) of C. F. JAEGER'S ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, page 335, 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. 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.