Explanation
Council Variance Application: CV05-042
APPLICANT: William A. Cooper, Jr.; c/o Dow Voelker, Attorney; 1635 West First Avenue; Columbus, Ohio 43212.
PROPOSED USE: To conform an existing four-family dwelling and retail establishment in the C-4, Commercial District.
CLINTONVILLE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow an existing four-unit dwelling and a commercial building, with reduced development standards, to be conforming in the C-4, Commercial District. The applicant is proposing to split the lot so that the existing commercial building (west lot) and existing residential building (east lot) will each be on their own parcel. The requested parking variance is limited to the existing buildings, if the buildings are altered or replaced, the parking variance becomes void. The continued use of the site for the existing commercial and multi-family residential uses is consistent with the use patterns of the area.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 Permitted uses; 3356.11, C-4 district setback lines; and 3342.28, Minimum number of parking spaces required, for the property located at 3112 NORTH HIGH STREET (43202), to conform an existing commercial building and existing four-unit dwelling with reduced development standards in the C-4, Commercial District (Council Variance #CV05-042).
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WHEREAS, by application No. CV05-042, the owners of property at 3112 NORTH HIGH STREET (43202), are requesting a Council variance to conform an existing four-unit dwelling and retail establishment in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted uses, prohibits a four-unit dwelling, while the applicant proposes to maintain the existing dwelling on the east lot; and
WHEREAS, Section 3356.11, C-4 district setback lines, requires a building setback line of ten (10) feet for the west lot and 25 feet for the east lot, while the existing commercial building (west lot) has a setback of 9.8 feet on the northwest corner and 9.1 feet on the northeast corner and the existing four-unit dwelling (east lot) has a setback of 9.5 feet on the northwest corner and an 8.1 feet on the northeast corner; and
WHEREAS, Section 3342.28, Minimum number of parking spaces required, requires one parking space per 250 square feet for the commercial building and two parking spaces per dwelling unit, for a total of 14 required parking spaces for the commercial building and eight (8) required parking spaces for the four-unit dwelling for a total of 22 spaces for the subject property, while the applicant proposes to maintain the two (2) existing parking spaces for the four-unit dwelling; and
WHEREAS, this ordinance is conditioned so that the variance to Section 3342.28, Minimum number of parking spaces required, is limited to the existing buildings or reconstruction of the existing buildings, if they are involuntarily damaged. The variance becomes void if the buildings are razed or redeveloped in a manner that is inconsistent with the site plan.
WHEREAS, The Clintonville Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the continued use of the site for the existing commercial and multi-family residential uses is consistent with the use patterns of the area. This variance will allow an existing four-unit dwelling and a commercial building, with reduced development standards, to be conforming in the C-4, Commercial District. The applicant is proposing to split the lot so that the existing commercial building (west lot) and existing residential building (east lot) will each be on their own parcel. The requested parking variance is limited to the existing buildings, if the buildings are altered or replaced, the parking variance ceases; 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 owners of the property located at 3112 NORTH HIGH STREET (43202), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. Variances from the provisions of Sections 3356.03, C-4 Permitted uses; 3356.11, C-4 district setback lines; and 3342.28, Minimum number of parking spaces required, for the property located at 3112 NORTH HIGH STREET (43202), insofar as said sections prohibit a four-unit dwelling and a 3,500 square foot commercial building with building lines of 9.1 feet and 8.1 feet, and two (2) off-street parking spaces, said property being more particularly described as follows:
East Lot
Legal Description 0.091 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus and in Quarter Township 2, Township 1, Range 18, United States Military Lands and being part of that tract conveyed to William A. Cooper, Jr. by deed of record in Instr. No. 200106190137747, all references being to those records of the Office of Recorder, Franklin County, Ohio unless otherwise noted and being more particularly bounded and described as follows:
Commencing at an iron pin found at the intersection of the easterly line of N. High St. and the southerly line of California Avenue (50 ft. wide) and at the northwesterly corner of said Wm. Cooper, Jr. tract;
Thence, with the southerly line of California Avenue, North 89 degrees 53 minutes 16 seconds East, 89.05 ft. to a drill hole set at THE POINT OF BEGINNING of the following herein described tract;
Thence, continuing with the southerly line of California Avenue, North 89 degrees 53 minutes 16 seconds East, 80.25 ft. to an iron pin found at a northwesterly corner of Parcel II as conveyed to Ronald E. David, Trustee by Instr. No. 199303020078606 and the northeasterly corner of said Cooper tract;
Thence, with the easterly line of said Cooper tract and the westerly line of said Parcel II, South 0 degrees 28 minutes 56 seconds West, 50 ft. to an iron pin found;
Thence, with the southerly line of said Cooper tract and the northerly line of Parcel IV as conveyed to Ronald E. Davis, Trustee by Instr. No. 199303020078606, North 89 degrees 30 minutes 08 seconds West, 79.10 ft. to a railroad spike set in a tree root;
Thence, across said Cooper tract, North 0 degrees 51 minutes 28 seconds West, 49.16 ft. to the place of beginning and CONTAINING 0.091 ACRES, subject however, to all highways, restrictions and easements of record and of record in the respective utility company offices.
A survey of said premises was made by Myers Surveying Co., Inc. during June, 2004. Iron pins set are 30" x 1" o.d. with orange plastic caps inscribed, "P.S. 6579". The basis of bearings for the foregoing description is from O.R. 21906E16, the easterly line of N. High Street held as North 14 degrees 56 minutes 00 seconds West.
AND
West Lot
Legal Description 0.093 Ac.
Situated in the State of Ohio, County of Franklin, City of Columbus and in Quarter Township 2, Township 1, Range 18, United States Military Lands and being part of that tract conveyed to William A. Cooper, Jr. by deed of record in Instr. No. 200106190137747, all references being to those records of the Office of Recorder, Franklin County, Ohio, unless otherwise noted and being more particularly bounded and described as follows:
Beginning at an iron pin found at the intersection of the easterly line of N. High St. and the southerly line of California Avenue (50 ft. wide) and at the northwesterly corner of said Wm. Cooper, Jr. tract;
Thence, with the southerly line of California Avenue, North 89 degrees 53 minutes 16 seconds East, 89.05 ft. to a drill hole set in a concrete walk;
Thence, across said Wm. Cooper, Jr. tract, South 0 degrees 51 minutes 28 seconds East, 49.16 ft. to a railroad spike set in a tree root and in the southerly line of said Cooper tract;
Thence, with said southerly line and the northerly line of Parcel IV as conveyed to Ronald E. Davis, Trustee by Instr. No. 199303020078606, North 89 degrees 30 minutes 08 seconds West, 76.90 ft. to the easterly line of N. High Street and said point being referenced by an iron pin found 0.59 ft. westerly thereof;
Thence, with the easterly line of N. High St., North 14 degrees 56 minutes 00 seconds West, 50.00 ft. to the place of beginning and CONTAINING 0.093 ACRES, subject however, to all highways, restrictions and easements of record and of record in the respective utility company offices.
A survey of said premises was made by Myers Surveying Company, Inc. during June, 2004. Iron pins set are 30" x 1" o.d. with orange plastic caps inscribed, "P.S. 6579". The basis of bearings for the foregoing description is from O.R. 21906E 16, the easterly line of N. High St. held as North 14 degrees 56 minutes West.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a dwelling with a maximum of four units (east lot only), or those uses permitted in the C-4, Commercial District.
Section 3. That this ordinance is further conditioned that the variance to Section 3342.28 shall only be applicable for the existing dwelling with a maximum of four (4) units (east lot), and C-4 uses in the existing building with total required parking spaces equal to or less than 14 (west lot). If either of the existing buildings are partially or completely razed, reconstructed, or expanded the variance to Section 3342.28, for that building, shall cease.
Section 4. That this ordinance is further conditioned that if the property owner suffers involuntary destruction of fifty (50) percent or more of the value of a building, they may rebuild consistent with the site plan titled, "Site Plan", signed by Dow Voelker, attorney, and dated October 18, 2006. The variance to Section 3342.28 shall remain intact for a maximum four-unit dwelling for the east lot and commercial uses with maximum 14 required parking spaces for the west lot. Involuntary destruction means destruction due to fire, earthquake or other natural disaster, but not due to demolition by neglect or other act or omission by the owner.
Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.