Explanation
Council Variance Application: CV22-041
APPLICANT: Joe Hakim; 6195 Deeside Drive; Dublin, OH 43017.
PROPOSED USE: Three-unit dwelling.
COLUMBUS SOUTH SIDE AREA COMMISSION RECOMMENDATION: Approval
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a two-unit dwelling in the C-4, Commercial District. The requested Council variance will allow the building to be converted into a three-unit dwelling. A Council variance is required because the C-4 district only allows dwelling units above specified commercial uses, but does not allow dwelling units on the ground floor of a building. A variance to reduce the required parking from six to four spaces is also included with this request. The site is within the boundaries of the Near Southside Plan (2011), which recommends “Mixed-Use (Neighborhood)” land uses at this location, consistent with the proposed three-unit dwelling. Additionally, the proposal includes building elevations that are consistent with the Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018).
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; and 3312.49 Minimum numbers of parking spaces required, of the Columbus City Codes; for the property located at 794-796 OAKWOOD AVE. (43205), to allow a three-unit dwelling with reduced parking in the C-4, Commercial District and to declare and emergency. (Council Variance #CV22-041).
Body
WHEREAS, by application #CV22-041, the owner of property at 794-796 OAKWOOD AVE. (43205), is requesting a Council variance to allow a three-unit dwelling with reduced parking in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 permitted uses, does not permit ground floor residential use, and only permits dwelling units above specified commercial uses, while the applicant proposes a three-unit dwelling; and
WHEREAS, Section 3312.49, Minimum numbers of parking spaces required, requires two parking spaces per dwelling unit, or six parking spaces for three dwelling units, while the applicant proposes a total of four parking spaces; and
WHEREAS, the Columbus South Side Area Commission recommends approval; and
WHEREAS, the City Departments recommend approval because the proposal is generally consistent with the land use recommendations of the Near Southside Plan, and the elevations are consistent with both C2P2 and the Plan’s design guidelines, and does not introduce an incompatible use to the area; 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 the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect 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 794-796 OAKWOOD AVE. (43205), in using said property as desired; now, therefore; 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 current court case pending issuance of building permit for repair and upgrade of the existing building 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 3356.03, district-4 permitted uses; and 3312.49 Minimum numbers of parking spaces required, of the Columbus City Codes; is hereby granted for the property located at 794-796 OAKWOOD AVE. (43205), insofar as said sections prohibit a three-unit dwelling in the C-4, Commercial District; with a parking space reduction from six required spaces to four provided spaces, said property being more particularly described as follows:
794-796 OAKWOOD AVE. (43205), being 0.07± acres located on the east side of Oakwood Avenue, 38± north of Denton Alley, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being part of Lots Numbers Eight (8), Nine (9), and Ten (10) of the AUBURNDALE ADDITION to the City of Columbus, Ohio as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Pages 76 and 77, Recorder’s Office, Franklin County, Ohio, being more particularly described as follows:
Beginning at a point in the west line of said Lot No. 8, 49 ½ feet north of the southwest corner thereof; thence east on a line parallel with the south lines of said Lots Nos. 8, 9 and 10, 82.8 feet to a point in a 10 foot private alley; thence north on a line parallel to the east of Lot No. 10, 13 feet to a point; thence north 45 deg. West 6.36 feet to a point; thence west on a line parallel with the south lines of said Lots 8, 9 and 10, 78.3 feet to the west line of said Lot No. 8; thence south on the west line of said Lot No. 8, 17 ½ feet to the place of beginning.
Address of Property: 794-796 Oakwood Avenue, Columbus, OH 43205
Parcel No.: 010-049136
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 C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan and elevations titled, "SITE PLAN," "WEST & EAST ELEVATIONS," "NORTH ELEVATION," and "SOUTH ELEVATION," all dated October 12, 2023, and signed by Behzad Vedaie, Architect for the Applicant. The plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the plan shall be subject to review and approval by the Director of the Department Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon 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.
SECTION 5. 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.