Subject: (VAR0702-01) Hardship variance to waive street frontage requirements at 8502
McKee Road.
Planning Recommendation: CONDITIONAL APPROVAL
PLANNING & ZONING HISTORY
Applicant: Linda Brown
Owner: Same
Acreage: 3.80 acres
Current Zoning Classification: RE1 ? Residential Estate 1
Current Use of Property: Undeveloped land
Proposed Use of Property: Undeveloped land
Planning District: Planning District 4
General Use: Residential
Environmental Impacts: None
Surrounding Zoning: East ? RE1 (Residential Estate 1)
West ? RE1 (Residential Estate 1)
North ? RE1 (Residential Estate 1)
South ? RE1 (Residential Estate 1)
Traffic Impact: None
Planning Department
Recommendation: CONDITIONAL APPROVAL based upon the fact that the strict
enforcement of the provisions of the Unified Development Ordinance is not
applicable to the subject property. The recommended condition is: the property
in question shall have dual access for fire safety purposes, which are: the
proposed easement on the south side of 8502 McKee Road and the existing
easement on the south side 8588 McKee Road.
Reasonableness of Request: The proposed variance is reasonable because it does
not disrupt the existing rural character of the neighborhood.
APPLICANT?S PROPOSAL
The applicant is proposing to waive public street frontage requirements and
allow a 30-foot access easement to serve as the primary right of entry onto the
subject property. The proposed replat is consistent with the RE1 minimum 1.0
acre or 43,560 square feet lot size requirement for newly created lots.
Section 7.3.5 (F.2) 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 as such.? The proposed
subdivision of the existing lot creates one (1) lot that does not meet the
minimum street frontage requirement as stated above.
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:
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 adversely affect neighboring properties.
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;
The conditions are unique to the property and the area. The applicant owns the
property to the north, 8588 McKee Road, which she uses for raising
cows/cattle. Cows/cattle are not permitted in the RE1 zoning district, which
makes the use of her property legal non-conforming. The property subject to
the variance cannot be combined with the property at 8588 McKee Road because of
the legal non-conforming status.
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 topography and physical surroundings of this property are irrelevant
regarding this property.
The variances will not in any manner vary the provisions of the Zoning
Ordinance, Comprehensive Plan or Official Map.
Granting of the variance will not vary the provisions of the Unified
Development Ordinance. It will preserve the existing character of the
neighborhood and retain the scope of the Unified Development Ordinance and
Comprehensive Plan.
The granting of this variance to waive the minimum street frontage requirement
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.
Respectfully,