Explanation
Council Variance Application: CV06-060
APPLICANT: Matthew J. Wilcoxon; 1350 Havant Drive; New Albany, OH 43054.
PROPOSED USE: To conform an existing two-family dwelling in the C-3, Commercial District.
SOUTH LINDEN AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This variance will allow an existing two-family dwelling to be conforming in the C-3, Commercial District. The property was rendered non-conforming by a City-sponsored area rezoning of the Cleveland Avenue corridor in 1981 (Z81-068). A Council variance is necessary in that dwelling units are not permitted on the ground floor in the C-3, Commercial District. The site is located within the planning area of the South Linden Neighborhood Plan (2003), which suggests the need to improve housing conditions on Cleveland Avenue, and this portion of Cleveland Avenue is predominately residential. A hardship exists in that the owner is experiencing difficlty obtaining financing because the dwelling is non-conforming.
Title
To grant a Variance from the provisions of Section 3355.03, C-3 permitted uses of the Columbus City Codes for the property located at 1508-1510 CLEVELAND AVENUE (43211), to conform an existing two-family dwelling in the C-3, Commercial District (Council Variance # CV06-060).
Body
WHEREAS, by application No. CV06-060, the owner of property at 1508-1510 CLEVELAND AVENUE (43211), is requesting a Council variance to allow an existing two-family dwelling in the C-3, Commercial District; and
WHEREAS, Section 3353.03, C-3 permitted uses, permits dwelling units only above certain commercial uses, while the applicant proposes to make an existing two-family dwelling a conforming use on the property; and
WHEREAS, The South Linden Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will allow an existing two-family dwelling to be conforming in the C-3, Commercial District. The property was rendered non-conforming by a City-sponsored area rezoning of the Cleveland Avenue corridor in 1981 (Z81-068). A Council variance is necessary in that dwelling units are not permitted on the ground floor in the C-3, Commercial District. The site is located within the planning area of the South Linden Neighborhood Plan (2003), which suggests the need to improve housing conditions on Cleveland Avenue, and this portion of Cleveland Avenue is predominately residential. A hardship exists in that the owner is experiencing difficlty obtaining financing because the dwelling is non-conforming; 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 1508-1510 CLEVELAND AVENUE (43211), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. Variance from the provisions of Section 3355.03, C-3 permitted uses of the Columbus City Codes is hereby granted for the property located at 1508-1510 CLEVELAND AVENUE (43211), in that said section prohibits a two-family dwelling in the C-3, Commercial District; said property being more particularly described as follows:
1508-1510 CLEVELAND AVENUE (43211), being 0.13± acres located on the east side of Cleveland Avenue, 68.1± feet north of East Twelfth Avenue, and being more particularly described as follows:
Situated in the County of Franklin, City of Columbus, State of Ohio, and described as follows:
Being Lot Number Two (2) of Minerva Belknap's Subdivision in said City, as the same as numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 274, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a stake in the east line of Cleveland Avenue at a distance of 224.86 feet southwesterly from the northwest corner of Lot No. 5 of said Subdivision; thence easterly to a stake in the west line of a twenty foot alley, which stake is 41 feet southerly from an angle in said alley; thence southerly with the west line of said alley 34 feet to a stake at the northeast corner of Lot No. 1 of said Subdivision; thence westerly with the north line of said Lot No. 1 to a stake in the east line of Cleveland Avenue at the northwest corner of said Lot No. 1; thence northeasterly with the east line of Cleveland Avenue 45.53 feet to the place of beginning.
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 or two-family dwelling, or those uses permitted in the C-3, Commercial District.
SECTION 3. That this ordinance is further conditioned upon compliance with R-4, Residential District standards for any additions to the existing structure, or the construction of any accessory structures including a private garage.
SECTION 4. That this ordinance is further conditioned upon no expansion of the 442± square-foot existing gravel surface. In addition, any parking-related alteration to the property including the construction of a garage will require compliance with Chapter 3342 requirements.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.