Explanation
Council Variance Application: CV07-041
APPLICANT: Heather Ann Hejduk c/o Kevin Beechy; 3331 East Livingston Avenue; Columbus, Ohio 43227.
PROPOSED USE: Single-family dwelling.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The subject site is developed with a single-family dwelling on a lot zoned in the AR-O, Apartment Residential/Office District. The applicant proposes a lot split. The AR-O district permits single-family dwellings on lots of record as of January 14, 1959 or on a lot in a recorded subdivision platted between January 14, 1959 and July 16, 1986. A variance is necessary to permit the lot split and to conform the existing single-family dwelling. This ordinance also includes variances to reduce the minimum side yard for the existing garage.
Title
To grant a Variance from the provisions of Sections 3333.04, Permitted uses in an AR-O apartment office district and 3333.23, Minimum side yard required, of the Columbus City Codes; for the property located at 30 ROCKWELL ROAD (43207), to conform an existing single-family dwelling in the AR-O, Apartment Residential/Office District with reduced development standards and to declare an emergency (Council Variance #CV07-041).
Body
WHEREAS, by application No. CV07-041, the owner of property at 30 ROCKWELL ROAD (43207), is requesting a Council Variance to conform an existing single-family dwelling with reduced development standards in the AR-O, Apartment Residential/Office District; and
WHEREAS, Section 3333.04, AR-O, Apartment Residential/Office District, prohibits single-family dwellings on a lot that is not a lot of record as of January 14, 1959 or platted between January 14, 1959 and July 16, 1986, while the applicant proposes to conform an existing single-family dwelling on a newly created lot; 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 facilitate a land transfer between adjoining owners to remedy an existing use encroachment for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, Section 3333.23(c) Minimum side yard required, requires a minimum distance of a garage from the interior side lot line of three (3) feet, while the applicant proposes a minimum distance of zero (0) feet on the east property line for the existing garage; and
WHEREAS, City Departments recommend approval because approval of this request will not add a new or incompatible use to the area; and
WHEREAS, said ordinance requires separate submission for all applicable permits 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 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 30 ROCKWELL ROAD (43207), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3333.04, Permitted uses in an AR-O apartment office district and 3333.23, Minimum side yard required, of the Columbus City Codes; are hereby granted for the property located at 30 ROCKWELL ROAD (43207), insofar as said sections prohibit single-family dwellings not meeting the lot of record requirements, with side yards for the existing garage of zero (0) feet on the east property line; said property being more particularly described as follows:
30 ROCKWELL ROAD (43207), being 0.11± acres located on the north side of Rockwell Road, 150± feet east of South High Street, and being more particularly described as follows:
4,959 Square Feet (0.114 Acre)
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of Lot 10 in the Home Acres Addition as recorded in Plat Book 16, Page 23 (all references used in this description refer to the records of the Recorder's Office Franklin County, Ohio), containing 4,959 Square Feet (0.114 acre) of land, more or less, being all out of that 0.205 acre tract of land conveyed to Heather Ann Hejduk of record in Instrument Number 200701190011393, said 4,959 Square Feet being more particularly described as follows:
Beginning at a ¾ inch iron pipe found at the southeasterly corner of Lot 10 in said Home Acres Addition;
Thence NORTH 85°45'27" WEST, with the southerly line of said Lot 10 and the northerly Right of Way of Rockwell Road, a distance of 60.00 feet to an iron pipe set;
Thence NORTH 4°25'54" EAST, with a new division line across and through said 0.205 acre tract, a distance of 82.72 feet to an iron pipe set on the southerly line of a 0.612 acre tract conveyed to The Fifth Third Bank of Columbus in Official Record 31345 I14;
Thence SOUTH 85°36'35" EAST, with a southerly line of said 0.612 acre tract, a distance of 60.00 feet to a ¾ inch iron pipe found on the easterly line of said lot 10 and the westerly line of lot 63 of said Home Acres Addition;
Thence SOUTH 4°25'54" WEST, with the easterly line of said lot 10 and the westerly line of said lot 63, a distance of 82.57 feet to the Point of Beginning and containing 4,959 Square Feet (0.114 acres), more or less
Subject to all restrictions, easements and Rights-of-Way of previous record.
All iron pipes set are ¾ inch diameter by 30 inches in length with I.D. cap stamped
"Geo Graphics".
Basis of Bearing: The easterly Right of Way of South High Street was assigned a bearing of NORTH 19°22'00" EAST, as shown on the plat of Home Acres Addition, Plat Book 16, Page 23.
The above description was prepared by Michael O. Wanchick, Ohio Surveyor No. 7854 of Geo Graphics, Inc., Land Surveying and Civil Engineering, Columbus, Ohio, from information taken from a survey of the premises in June 2007.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for one single-family dwelling, or those uses permitted in the AR-O, Apartment Residential/Office District.
SECTION 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 4. 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.