Explanation
Council Variance Application: CV08-042
APPLICANT: Will Shively; c/o Julia E. Steigerwald, Agent; 6862 Lee Road; Westerville, Ohio 43081.
PROPOSED USE: Ground floor dwelling in the C-4, Commercial District.
FIFTH BY NORTHWEST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The property is developed with a one-story photography studio zoned in the C-4, Commercial District. The applicant requests a Council variance to establish a live-work unit to allow a dwelling on the ground floor of the studio. Dwellings are only permitted on the second floor above certain commercial uses in the C-4, Commercial District. Staff has supported allowing a mixture of commercial uses and ground floor dwellings in mixed-use or urban commercial neighborhoods, and this proposal is not out of character for the area. The City of Columbus Zoning Code contains no district allowing live-work units on the ground floor. A Council variance is required to allow the applicant to pursue such a project. Variances to allow stacked parking spaces and a two-space parking reduction are included in the request, but because the business owner and the resident will be the same person, the parking need is negligible.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted Uses; 3342.15, Maneuvering; 3342.19, Parking space; and 3342.28, Minimum number of parking spaces required, of the Columbus City codes; for the property located at 1733 WEST THIRD AVENUE (43212), to permit a dwelling on the ground floor with reduced parking requirements in the C-4, Commercial District (Council Variance # CV08-042).
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WHEREAS, by application No. CV08-042, the owner of property at 1733 WEST THIRD AVENUE (43212), is requesting a Council Variance to permit a ground floor dwelling with reduced parking requirements in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, prohibits dwellings on the ground floor, while the applicant proposes to have a ground floor dwelling in conjunction with a photography studio; and
WHEREAS, Section 3342.15, Maneuvering, requires every parking space to have sufficient access and maneuvering area which may include an aisle, circulation area or improved alley, while the applicant proposes to allow maneuvering over and through other parking spaces; and
WHEREAS, Section 3342.19, Parking space, requires that a parking space shall be a rectangular area of not less than nine (9) feet by eighteen (18) feet with no stacking permitted, while the applicant proposes two stacked parking spaces behind two code-compliant parking spaces; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires four parking spaces for the photography studio and two parking spaces for the dwelling unit, or six (6), while the applicant proposes four (4) on-site parking spaces, and has the permission to use the Columbus Italian Club parking lot to the west of the site for additional parking spaces; and
WHEREAS, the Fifth by Northwest Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the Applicant's request to establish a live-work unit to allow a dwelling on the ground floor of a photography studio in the C-4, Commercial District is not out of character for the area. Staff has supported allowing a mixture of commercial uses and ground floor dwellings in mixed-use or urban commercial neighborhoods. Dwellings are only permitted on the second floor above certain commercial uses in the C-4, Commercial District. The City of Columbus Zoning Code contains no district allowing live-work units on the ground floor. A Council variance is required to allow the applicant to pursue such a project. Variances to allow stacked parking spaces and a two-space parking reduction are included in the request, but because the business owner and the resident will be the same person, the parking need is negligible; 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 1733 WEST THIRD AVENUE (43212), 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; 3342.15, Maneuvering; 3342.19, Parking space; and 3342.28, Minimum number of parking spaces required, of the Columbus City Codes is hereby granted for the property located at 1733 WEST THIRD AVENUE (43212), insofar as said sections prohibit a ground floor dwelling with a parking lot with two (2) stacked parking spaces, and a parking space reduction from six (6) required spaces to four (4) spaces; said property being more particularly described as follows:
1733 WEST THIRD AVENUE (43212), being 0.14± acres located on the south side of West Third Avenue, 114± feet east of Westwood Avenue, and being more particularly described as follows:
Situated in the County of Franklin, in the State of Ohio and City of Columbus:
Being Lot Number Three Hundred Seventy (370) of Frank S. Wagenhals, et. al. Amended Subdivision of Lots Nos. 94 to 252, inc., 319 to 421 inc., to John R. Tilton's Gladdington Heights Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, pages 412-413, Records of Plats, Recorder's Office, Franklin County, Ohio.
PARCEL NUMBER: 010-63276
ADDRESS: 1733 West Third Ave., Columbus, OH 43212
PRIOR INSTRUMENT REFERENCE: 23649H05 - 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 ground floor dwelling in conjunction with the business established on this property, or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. That this ordinance is further conditioned on the dwelling unit only being occupied by the business owner at this property.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.