Explanation
Council Variance Application: CV11-007
APPLICANT: Thomas D. Saad; c/o Michael D. Saad, Atty.; 41 South High Street, Suite 2000; Columbus, Ohio 43215.
PROPOSED USE: Three-unit dwelling.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a Council variance to conform an existing three-unit dwelling in the R-2F, Residential District. The site was part of an area-wide City-sponsored rezoning of the University area that rendered the use non-conforming. A hardship exists because the non-conforming nature of the site inhibits the owner from selling, refinancing, or making improvements to the structure. The three-unit dwelling has been long established on this lot, and is consistent with existing development in the surrounding residential neighborhood. Approval of this request will not add a new or incompatible use to the area.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F, Residential District; 3332.05, Area district lot width requirements; and 3332.14, R-2F area district requirements, of the Columbus City Codes; for the property located at 135 EAST MAYNARD AVENUE (43202), to conform an existing three-unit dwelling with reduced development standards in the R-2F, Residential District and to declare an emergency (Council Variance #CV11-007).
Body
WHEREAS, by application #CV11-007, the owners of property at 135 EAST MAYNARD AVENUE (43202), are requesting a Variance to permit an existing three-unit dwelling with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F residential district, prohibits three-unit dwellings, while the applicant proposes to make an existing three-unit dwelling a conforming use on the property; and
WHEREAS, Section 3332.05, Area district lot width requirements, requires a minimum lot width of fifty (50) feet in the R-2F, Residential District, while the lot is forty (40) feet wide; and
WHEREAS, Section 3332.14, R-2F area district requirements, requires a lot of no less than 3,000 square feet per dwelling, while the applicant proposes to maintain an existing three-family dwelling on a 6,160 square foot lot (1 dwelling per 2,053.3 square feet); and
WHEREAS, The University Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the three-unit dwelling has been long established on this lot, and is consistent with existing development in the surrounding residential neighborhood. Approval of this request will not add a new or incompatible use to the area; 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 roads, 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 owners of the property located at 135 EAST MAYNARD AVENUE (43202), in using said property as desired; 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 due to the need to close the financing loan before the terms of the loan are changed or the lender withdraws its commitment for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3332.037, R-2F, Residential District; 3332.05, Area district lot width requirements; and 3332.14, R-2F area district requirements, of the Columbus City Codes; is hereby granted for the property located at 135 EAST MAYNARD AVENUE (43202), insofar as said sections prohibit a three-unit dwelling on a forty (40) foot-wide, 6,100 square foot lot; said property being more particularly described as follows:
135 EAST MAYNARD AVENUE (43202), being 0.14± acres located on the south side of East Maynard Avenue, 40± feet west of Adams Avenue, and being more particularly described as follows:
Being Lot Number Forty-Nine (49) of Laura M. Knickerbocker's Subdivision, in part of Township 1, Range 18, United States Military Lands in the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 3, Page 440, 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 three-unit dwelling, or those uses permitted in the R-2F, Residential 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.