Explanation
Council Variance Application: CV05-050
APPLICANT: Mary Wood; 4451 Sellers Avenue; Columbus, Ohio 43214.
PROPOSED USE: To make an existing single-family dwelling conforming in the C-4, Commercial District.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow an existing single-family dwelling to be conforming in the C-4, Commercial District. A Council variance is necessary because a single-family dwelling is not a permitted use in the C-4, Commercial District. The property is within the boundaries of the University Neighborhoods Revitalization Plan Concept Document (1996). The Plan does not address nonconforming uses but its goals include the preservation of single-family homeownership. A hardship exists in that a single-family dwelling is not a permitted use in the C-4, Commercial District and the non-conforming nature of the site precludes financing options. The property is located in the Urban Commercial Overlay but, as a residence, is currently exempt from the UCO standards because it is not in an architectural review district.
Title
To grant a Variance from the provisions of Sections 3356.03(E), C-4, Permitted Uses of the Columbus City Code, for the property located at 2611 INDIANOLA (43202), to permit an existing single-family dwelling in the C-4, Commercial District (Council Variance # CV05-050).
Body
WHEREAS, by application No. CV05-050, the owner of property at 2611 INDIANOLA AVENUE (43202), is requesting a Council variance to permit an existing single-family dwelling in the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 Permitted Uses, prohibits single-family dwellings, while the applicant proposes to make an existing single-family dwelling a conforming use on the property; and
WHEREAS, The University Area Commission recommends approval; and
WHEREAS, City Departments recommend approval and note a hardship exists because the non-conforming nature of the site precludes financing options and the single-family dwelling is long established on this lot. The single-family dwelling is consistent with the surrounding neighborhood and with the area plan in that the University Neighborhoods Revitalization Plan Concept Document (1996) supports preservation of single-family dwellings; 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 2611 INDIANOLA AVENUE (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 Section 3356.03, C-4, Permitted Uses is hereby granted for the property located at 2611 INDIANOLA AVENUE (43202), in that said sections prohibit a single-family dwelling in the C-4, Commercial District; said property being more particularly described as follows:
Situated in the County of Franklin in the State of Ohio and in the City of Columbus:
Being lot Number Two Hundred Ninety Two (292) of GEORGE WILLIAM'S AMENDED SUBDIVISION OF HIS NORTHWOOD HEIGHTS ADDITION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 270, 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 single-family dwelling or those uses permitted in the C-4, Commercial District.
SECTION 3. That this ordinance is further conditioned that if the dwelling is destroyed and rebuilt as a dwelling it must conform to R-2F, Residential District standards except for 3332.14, R-2F area district standards. The existing footprint of the dwelling as shown on the site plan dated December 22, 2005 shall not be exceeded, and reconstruction of the dwelling is subject to zoning clearance review and review by all applicable City departments. Any minor revision is subject to review and approval by the Development Director or his/her designee.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.