Explanation
Council Variance Application: CV05-044
APPLICANT: Grange Mutual Casualty Co.; c/o Timothy D. Hudok, Atty.; 52 East Gay Street; Columbus, OH 43215.
PROPOSED USE: To conform an existing single-family dwelling and allow a lot split for a new single-family dwelling.
BREWERY DISTRICT COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant is requesting a Council variance to conform an existing single-family dwelling in the C-4, Commercial District with an existing setback that exceeds the maximum setback allowed in the Urban Commercial Overlay and to allow a single-family dwelling to be relocated in the M, Manufacturing District. The proposal is consistent with the Brewery District Plan (1993) which recommends a mixed use commercial /residential character for the area. There is no zoning category which allows mixed uses due to the small size of the site.
Title
To grant a variance from the provisions of Sections 3356.03, C-4, Commercial, 3363.01, M, Manufacturing Districts and 3372.609, Setback requirements, of the Columbus City Codes for the property located at 1083 SOUTH HIGH STREET (43206), to conform an existing single-family dwelling in the C-4, Commercial District and to permit the relocation of a single-family dwelling in the M, Manufacturing District and to declare an emergency. (CV05-044)
Body
WHEREAS, by application #CV05-044 the owner of property located at 1083 SOUTH HIGH STREET (43206), is requesting a Council Variance to conform an existing single-family dwelling in the C-4, Commercial District and relocate a single-family dwelling in the M, Manufacturing District; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, prohibits single-family dwelling use, while the applicant proposes to make an existing single-family dwelling a conforming use on the property; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3363.01, M, Manufacturing district, prohibits single-family dwelling use, while the applicant proposes to move a single-family dwelling in the M, Manufacturing District; and
WHEREAS, Section 3372.609, Setback requirements, requires a maximum building setback of ten (10) feet, while the applicant proposes to maintain the existing setback of approximately 16 feet for the dwelling at 1083 South High Street; and
WHEREAS, this proposal is consistent with the Brewery District Plan (1993) which recommends a mixed use commercial /residential character for the area; and
WHEREAS, the Brewery District Commission recommends approval; and
WHEREAS, the City Departments note that a hardship exists in that the existing zoning classifications do not permit single-family dwellings and there is no zoning district that would permit the mixed uses called for in the Brewery District Plan (1993) due to the small size of this site; 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 areas, 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 property owner located at 1083 SOUTH HIGH STREET (43206), 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, Commercial, 3363.01, M, Manufacturing Districts and 3372.609, Setback requirements of the Columbus City Codes are hereby granted for the property located at 1083 SOUTH HIGH STREET (43206), to conform an existing single-family dwelling with an existing front setback that exceeds the setback allowed in the Urban Commercial Overlay in the C-4, Commercial District and to allow a home to be relocated in the M, Manufacturing District, said property being more particularly described as follows:
The following described tract of land is situated in the State of Ohio, County of Franklin, City of Columbus, Section 29, Township 5, Range 22, Refugee Lands, being part of Lot 3 of John and Philip Knopf's Subdivision as recorded in plat book 2, page 34, being all of Dorothy L. Yontz, Randall E. Yontz and Sharon L. Olson's Parcel I and Parcel III, and part of their Parcel II, all described in Deed Volume 32699, Page 1-06, said tract being more particularly described as follows:
Beginning for reference at an iron pin set at the northeast corner of said Lot 3 of John and Philip Knopf's Subdivision, in the west line of High Street (100 feet wide), and in the north line of Red Bud Alley (30 feet wide), said iron pin also marking the northeast corner of said Parcel II;
thence South 5°09'00" West (assumed bearing) 60.31 feet, following the east line of said Lot 3, the west line of High Street, and the east line of said Parcel II, to an iron pin set and marking the place of beginning;
thence South 5°09'00" West 60.00 feet, continuing with the east line of said Lot 3, the west line of High Street, and the east line of said Parcel II and said Parcel I, to a concrete corner post found and being North 84°51'35" West 0.91 feet from a 3/4 inch iron pipe found;
thence North 84°51'35" West 300.03 feet, following the south line of said Lot 3, south line of said Parcel I and Parcel III, and north line of C.F. Glock's Subdivision as recorded in plat book 5, page 123, following the north line of Service Station Holdings Inc.'s Lot 1 in said Subdivision, passing at 175.33 feet to a 3/4" iron pin found at the northwest corner of said Lot 1 and at the northeast corner of an 18.00 feet wide alley, continuing thereafter with the north line of a 10.00 feet wide alley, to an iron pin set in the east line of Front Street;
thence North 5°07'09" East 120.22 feet, following the east line of Front Street, and west line of said Lot 3 and said Parcel III, to an iron pin set in the south line of Red Bud Alley;
thence South 84°52'40" East 124.91 feet, following the north line of said Lot 3, south line of Red Bud Alley, and north line of said Parcel III, to a point being North 84°52'40" West 3.00 feet from an iron pin set for reference;
thence South 5°13'09" West 60.26 feet, entering said Lot 3, following the east line of said Parcel III and west line of said Parcel II, to an iron pin set;
thence South 84°54'35" East 175.26 feet to the place of beginning, containing 0.586 acre, more or less, and subject to all valid easements and restrictions of record. Of the above described 0.586 acre tract, 0.080 acre is part of said Parcel II, 0.161 acre is all of said Parcel I, and 0.345 acre is all part of said Parcel III.
The above description was prepared from an actual field survey made under the supervision of Paul R. Clapsaddle, Registered Surveyor #6140, during the month of December 1997. Iron pins set are 5/8" by 30" reinforcing rods with caps marked "CLAPSADDLE R.C. #6140." Bearings indicated hereon are based on an assumed meridian and are to denote angles only.
Together with and subject to the following described easement:
The following easement is situated in the State of Ohio, County of Franklin, City of Columbus, Section 29, Township 5, Range 22, Refugee Lands, being over part of Lot 3 of John and Philip Knopf's Subdivision as recorded in plat book 2, page 34, being over part of Dorothy L. Yontz, Randall E. Yontz, and Sharon L. Olson's Parcel II and Parcel III described in deed volume 32699, page 1-06, said easement being more particularly described as follows:
Beginning for reference at an iron pin set at the northeast corner of said Lot 3 of John and Philip Knopf's Subdivision, in the west line of High Street (100 feet wide) and in the north line of Red Bud Alley (30 feet wide), said iron pin also marking the northeast corner of said Parcel II;
thence North 84°52'40" West 165.18 feet, following the south line of Red Bud Alley and north line of said Lot 3, to a point marking the place of beginning;
thence South 5°13'10" west 80.15 feet entering said Lot 3 and crossing said Parcel II, to a point in the north line of said Parcel I;
thence North 84°51'35" West 20.00 feet, passing at 10.00 feet the east line of said Parcel III, to a point;
thence North 5°13'10" East 80.15 feet to a point in the north line of said Lot 3 and south line of Red Bud Alley
thence South 84°52'40" East 20.00 feet, following the north line of said Lot 3 and south line of Red Bud Alley, passing at 13.00 feet an iron pin set for reference, to the place of beginning.
The above description was prepared from an actual field survey made under the supervision of Paul R. Clapsaddle, Registered Surveyor #6140, during the month of December, 1997. Iron pins are 5/8" by 30" reinforcing rods with caps marked "CLAPSADDLE R.S. #6140." Bearings indicated hereon are based on an assumed meridian and are to denote angles only.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said properties are used for single-family residences or those uses in the C-4, Commercial District except billboards shall not be permitted.
Section 3. That this ordinance is conditioned on the sites being developed in accordance with the site plan titled "1088 S. FRONT ST. LOT-SPLIT SITE PLAN," signed by William Hugus and dated August 18, 2005.
Section 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 5. 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.