Explanation
Background: Ordinance 0659-2002 passed on 4-22-2002 authorizing the City of Columbus, City Attorney's Office, to among other things, acquire certain real property necessary to the Norton Road Widening Project. As authorized, the City, through its Transportation Division, acquired a portion of certain real property owned by Charles Postlewaite for the purpose of the project. If, as a result of the City's taking, it is determined that the remaining real property is considered to no longer "conform", as that term relates to the zoning requirements of the Columbus City Code, including but not limited to "building set back" requirements, the City will agree to consider the subject property "non-conforming but legal". Thereafter, if the subject building(s) were to be damaged by some intervening action beyond the owners control and needed to be rebuilt then the new building(s) will also be considered "non-conforming but legal". It is therefore necessary to authorize the Director of Development to execute an Affidavit on Facts Relating to Title and any ancillary documents necessary to this matter.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the City to immediately remedy any zoning violations of the subject real property, which may have resulted from the City's action.
Title
To authorize the Director of the Development Department to execute an Affidavit on Facts Relating to Title and any ancillary documents necessary to consider the remainder real property, after the taking by the City for the purpose of the Norton Road Improvement Project, as "non-conforming but legal", and to declare an emergency.
Body
WHEREAS, Ordinance 0659-2002 passed on 4-22-2002 authorizing the City of Columbus, City Attorney's Office, to among other things, acquire certain real property necessary to the Norton Road Widening Project; and
WHEREAS, as authorized, the City, through its Transportation Division, acquired a portion of certain real property owned by Charles Postlewaite for the purpose of the project; and
WHEREAS, if, as a result of the City's taking, it is determined that the remaining real property is consider to no longer "conform", as that term relates to the zoning requirements of the Columbus City Code, including but not limited to "building set back" requirements, the City will agree to considered the subject property "non-conforming but legal"; and
WHEREAS, thereafter, if the subject building(s) were to be damaged by some intervening action beyond the owners control and needed to be rebuilt, then the new building(s) shall also be considered "non-conforming but legal"; and
WHEREAS, it is therefore necessary to authorize the Director of Development to execute an Affidavit on Facts Relating to Title and any ancillary documents necessary to this matter; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to authorize the Director of the Development to execute an Affidavit On Facts Relating to Title for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Development Department be, and hereby is, authorized to execute an "Affidavit On Facts Relating to Title" and any ancillary documents, as prepare by the Department of Law, Real Estate Division, necessary to consider, after the City's Norton Road Improvement Project's taking, the remainder real property known as Franklin County Tax Parcel 570-201733, as "non-conforming but legal" as that term relates to requirements of the Columbus City Code.
Section 2. That for the reasons state 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 ten days after its passage if the Mayor neither approves nor vetoes the same.