Explanation
Council Variance Application: CV08-026
APPLICANT: Lizzetta M. Caldwell; c/o Jim Pashovich, Agent; 4985 Cemetery Road; Hilliard, OH 43026.
PROPOSED USE: A single-family dwelling in the C-4, Commercial District.
FRANKLINTON 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 in that dwellings are not permitted in the C-4, Commercial District. A hardship exists because the non-conforming nature of the site precludes financing options and the dwelling has been long established on this lot. The site is located within the planning area of The Franklinton Plan (2003), which recommends that Sullivant Avenue be zoned from commercial (except for existing commercial nodes at key intersections) to residential since the predominant use is residential. Staff supports the Council variance process for individual property owners until a City-sponsored rezoning of Sullivant Avenue can occur.
Title
To grant a Variance from the provisions of Section 3356.03, C-4 Permitted uses of the Columbus City Codes for the property located at 948 SULLIVANT AVENUE (43223), to conform an existing single-family dwelling in the C-4, Commercial District (Council Variance # CV08-026).
Body
WHEREAS, by application No. CV08-026, the owner of property at 948 SULLIVANT AVENUE (43223), is requesting a Council variance to allow an existing single-family dwelling in the C-4, Commercial District; and
WHEREAS, Section 3356.03, Permitted uses, permits dwelling units only above certain commercial uses, while the applicant proposes to make an existing single-family dwelling a conforming use on the property; and
WHEREAS, The Franklinton Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variance will allow an existing single-family dwelling to be conforming in the C-4, Commercial District. A Council variance is necessary in that dwellings are not permitted in the C-4, Commercial District. A hardship exists because the non-conforming nature of the site precludes financing options and the dwelling has been long established on this lot. The use of the property as a single-family dwelling is consistent with the surrounding development pattern; 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 owners of the property located at 948 SULLIVANT AVENUE (43223), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. A Variance from the provisions of Section 3356.03, C-4 Permitted uses of the Columbus City Codes is hereby granted for the property located at 948 SULLIVANT AVENUE (43223), in that said section prohibits a single-family dwelling in the C-4, Commercial District; said property being more particularly described as follows:
948 SULLIVANT AVENUE (43223), being 0.18± acres located at the northwest corner of Sullivant and Hawkes Avenues, and being more particularly described as follows:
Situated in the County of Franklin, City of Columbus, State of Ohio, and described as follows:
Beginning on the northwest corner of Sullivant and Hawkes Avenues in said city, thence north along the west line of Hawkes Avenue, 150 feet to a point; thence west on a line parallel with Sullivant Avenue, 50 feet to a point; thence south on a line parallel with Hawkes Avenue, 150 feet to the north line of Sullivant Avenue; thence east on the north line of Sullivant Avenue, 50 feet to the place of beginning, together with the right of the use of 10 feet adjacent to this lot for alley purposes and being part of the same premises conveyed to George D. Peters by Sheriff of Franklin County, Ohio, as shown in Deed Book 221, Page 602, Franklin County, Ohio, Records.
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 upon compliance with R-3, 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 shall take effect and be in force from and after the earliest period allowed by law.