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File #: 1820-2007    Version: 1
Type: Ordinance Status: Passed
File created: 10/29/2007 In control: Zoning Committee
On agenda: 12/3/2007 Final action: 12/5/2007
Title: To grant a Variance from the provisions of Sections 3356.03, C-4, Permitted Uses and 3356.11, C-4 district setback lines, for the property located at 1775 LINDEN PLACE (43211), to permit an existing single-family dwelling in the C-4, Commercial District. (Council Variance # CV07-034)
Attachments: 1. ORD # 1820-2007 Attachments.pdf, 2. ORD # 1820-2007 Mailing Labels.pdf, 3. ORD # 1820-2007 Data Form.pdf
Explanation
 
Council Variance Application:  CV07-034
 
APPLICANT:  James Boggs;  190 Parkwood Avenue; Pickerington, Ohio 43147.
 
PROPOSED USE:   Single-family dwelling.
 
NORTH LINDEN AREA COMMISSION RECOMMENDATION: Approval.  
 
CITY DEPARTMENTS' RECOMMENDATION:  Approval.  This request will permit an existing single-family dwelling in the C-4, Commercial District.  A Council variance is necessary in that a single-family dwelling is not a permitted use in the C-4, Commercial District.  Approval of this request will alleviate financing issues by allowing for replacement of the current structure if it is destroyed by 50% or more.  The proposed variance will not introduce an incompatible use to the area.
 
 
 
Title
 
To grant a Variance from the provisions of Sections 3356.03, C-4, Permitted Uses and 3356.11, C-4 district setback lines, for the property located at 1775 LINDEN PLACE (43211), to permit an existing single-family dwelling in the C-4, Commercial District. (Council Variance  # CV07-034)
 
Body
 
WHEREAS, by application No. CV07-034, the owner of property at 1775 LINDEN PLACE (43211),  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, Commercial District, prohibits single-family dwellings, while the applicant proposes to maintain an existing single-family dwelling; and  
 
WHEREAS, Section 3356.11, C-4 district setback lines, requires a setback of 25 feet, while the applicant proposes to maintain the existing setback of 24.4 feet for the single-family dwelling; and  
 
WHEREAS, City Departments recommend approval because this request will not introduce an 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 1775 LINDEN PLACE (43211), 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 3356.03, C-4, Permitted Uses and 3356.11, C-4 district setback lines, so long as the property is used for a single-family dwelling, for the property located at 1775 LINDEN PLACE (43211), insofar as said section prohibits a single-family dwelling with a building setback line of 24.4 feet; said property being more particularly described as follows:
 
1775 LINDEN PLACE (43211), being  0.12± acres located on the south side of Linden Place, south of the intersection of Linden Place and Linden Avenue, and being more particularly described as follows:
 
Situated in the State of Ohio, County of Franklin and in the City of Columbus:
 
Being Lot Number Eleven (11), of CHENEY AND BURWELL'S SUBDIVISON, as the same is numbered and delineated upon the record plat thereof, of record in Plat Book 15, Recorder's Office, Franklin County, Ohio.
 
Parcel No. 010-064027
 
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 reconstruction, additions or alterations to the existing structure, or the construction of any accessory structures, except that the dwelling may be rebuilt with a building line of 24.4 feet, an east side yard of 2.4 feet and  the garage may have a west side yard of 2.8 feet.
 
SECTION 4.  That this ordinance is further conditioned on the applicant obtaining all applicable permits for the proposed use.
 
SECTION 5.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.