Memorandum
Date: 10/3/2005
To:
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: Subject: (VAR0509-01) Hardship variance to waive the minimum 25' street
frontage requirement and reduce the minimum lot width from 125' to 25' in
order to allow the subdivision of a residential parcel at 8606 River Road.
Applicant's Proposal
APPLICANT?S PROPOSAL
This proposal describes the subdivision of a residential tract of land on a
landlocked lot. The subject property is zoned RE1 (Residential Estate 1). The
applicant is proposing to subdivide an existing 5.042-acre tract of land into
three (3) individual parcels. In doing so, the landowner will create three
landlocked lots (proposed Lots A, B & C? see replat). The existing parcel is
adjacent to a 36-foot access easement. The property owner is seeking to
construct a single-family residential structure on Lots B and C. The existing
dwelling unit will remain on Lot A.
The required minimum lot width allowed in a RE1 zoning district is 125 feet.
Proposed flag lots A and B have a minimum lot width of only 25 feet. For this
reason, a variance is necessary to reduce the minimum lot width requirement
from 125 feet to 25 feet. The proposed lot is currently surrounded by large
residential estate properties.
Under Section 7.4.2 of the Columbus Unified Development Ordinance, ?private
streets, reserve strips or access easements are prohibited except in
multi-family and nonresidential development, or as otherwise approved by the
City Council on a case-by-case basis.? The proposed subdivision of the
existing lot creates three lots which do not meet the minimum street access
requirement as stated above. The subject property is located approximately
1,650 feet from the nearest dedicated public right-of-way property line, River
Road. Within the near future, a developer is proposing to transform the
existing access easement into a dedicated right-of-way. The large tract just
South of the access easement is expected to become a residential subdivision.
PLANNING & ZONING HISTORY
Applicant: 8606 River Road
Owner: Harold Johnson
Acreage: 5.0425 Acres
Current Zoning Classification: RE1 ? (Residential Estate 1)
Current Use of Property: Residential
Planning District: Planning District 2
General Use: Residential
Environmental Impacts: None
Surrounding Zoning: North ? RE1 ? (Residential Estate 1)
South ? RE1 - (Residential Estate 1)
East - RE1 ? (Residential Estate 1)
West ? RE1 ? (Residential Estate 1)
Traffic Impact: The proposed project is not expected to have a
negative impact on the transportation network. The current traffic count is
4,640 trips per day. A significant increase of the existing traffic count will
not result on the proposed subdivision of land.
Planning Division Recommendation: Approval based on the fact that it is
compatible with existing land-uses and it will not vary the provisions of the
Unified Development Ordinance
Reasonableness of Request: The proposed variance is reasonable
based upon its use as residential and it ability to provide street
access via the existing 30-foot access easement which will become
a dedicated street within the next year.
Attitude of Property Owners: Four (4) property owners were notified by letter
of the hardship variance request. The Planning Division has not received any
comments or opposition.
VARIANCE CRITERIA
In order to grant the requested variances, the City Council must make a
decision that is based upon all of the following findings required by the
variance regulations of the Columbus Zoning Ordinance:
Planning & Zoning
- Applciant
- Owner
- Acreage
- Current Zoning Classification
- Current Use Of Property
- District
- General Use
- Environmental Impacts
- Surrounding Zoning
- Traffic Impact
- Planning Departments Recommendtion
- Attitude of Property Owners
- Other Recommendations
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- Engineering:
- Public Safety:
- Public Works:
Variance Criteria
In order to grant the requested variances, the City Council must make a decision that is based upon all of the following findings required by the variance regulations of the Columbus Zoning Ordinance:
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The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
The granting of this variance will not result in significant view, privacy or
other impacts detrimental to the public welfare or injurious to other
properties in the vicinity.
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The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
Section 7.3.5 (F2) of the Columbus Unified Development Ordinance states, ?all
lots shall front on a minimum of 25 feet of dedicated public right-of-way or
upon a right-of-way that has received the legal status.? The proposed parcels
do not front on a legal street. Additionally, proposed lots A and B do not
meet the 125-foot lot width required in a RE1 zoning district. This variance
is unique due to the existing layout of the parcel and based upon the fact that
the existing access easement will be converted into a public right-of-way,
subsequent to final approval of a residential subdivision on an adjacent lot.
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Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out; and
The landowner?s pursuit to subdivide the property into three lots that are in
full compliance with the Unified Development Ordinance is limited in scope due
to lack of street frontage, irregular shape of the existing lot and location of
existing structures. The variance results from the property owner?s intent to
subdivide his tract of land prior to the transformation of the access easement
into a dedicated right-of-way. The depth of the parcel and the location of
surrounding structures also restrict the property owner from fully complying
with lot width and street frontage requirements. Based upon the unique
circumstances stated above, an unnecessary hardship would result on the
property owner due to the strict application of the Ordinance.
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The variances will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan or Official Map.
The proposed variance will not vary provisions or grant special privileges
inconsistent with the Zoning Ordinance, Comprehensive Plan or Official Map.
Planning Division believes there is evidence to support the findings for the
requested variance. The granting of this variance to waive the minimum street
frontage requirement and allow the subdivision of three residential landlocked
lots constitutes a genuine hardship. This hardship will not detract from the
intent and spirit of the Zoning Ordinance and will not adversely impact the
overall objectives of the area as outlined in the Comprehensive Plan.