Subject: (PC0606-01) Hardship variance to waive the minimum street frontage requirement
and allow the construction of a light industrial structure on an existing
landlocked parcel at 4802 Cargo Drive.
STAFF REPORT
APPLICANT?S PROPOSAL
This proposal is for the construction of a nonresidential structure on an
existing landlocked lot. In 1996, the applicant subdivided an 18.0-acre tract
of land into two (2) individual parcels. In doing so, the landowner created a
landlocked lot (Tract Two ? see replat) with primary right of entry via a 60?
foot access easement. The subject property is currently undeveloped. The
applicant seeks to construct a light manufacturing structure on the site.
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.? Tract two has a lot
area of 1.96 acres. This acreage is less than the minimum five acres required
to create a parcel without public street frontage. For this reason, the
existing parcel does not comply with minimum street frontage requirements as
stated above. The subject property is located approximately 630 feet from the
nearest dedicated public right-of-way property line. The proposed lot is
completely surrounded by similar light manufacturing uses on adjacent
properties. Tract Two provided provides practical access via the existing
60-foot access easement intersecting Cargo Drive.
PLANNING & ZONING HISTORY
Applicant: The Development Authority of Columbus
Owner: The Development Authority of Columbus
Acreage: 1.96 Acres
Current Zoning Classification: LMI ? (Light Manufacturing/Industrial)
Current Use of Property: Undeveloped
Planning District: Planning District 7
General Use: Light Manufacturing/ Industrial
Environmental Impacts: None
Surrounding Zoning: North ? LMI
South ? LMI
East - LMI
West ? LMI
Traffic Impact: None
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 nonresidential and it ability to provide a primary right of entry via an
existing 60-foot access easement
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 result in significant view, privacy or
other impacts detrimental to the public welfare or injurious to other
properties in the vicinity.
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 subject property is 85,378 square feet or 1.96 acres. The parcel complies
with property development regulations to construct a manufacturing
establishment. However, the parcel lacks legal street frontage. An existing
60? access easement shall provide proper right of entry for the subject
property. The subject property is located in Columbus East Industrial Park.
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 Unified Development Ordinance
promotes the use of access easements and private streets in nonresidential
developments such as industrial parks.
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 develop an additional industrial establishment that
is in full compliance with the Unified Development Ordinance is limited in
scope due to the location of existing buildings surrounding the property. The
variance results from the property owner?s intent to utilize vacant land. It
would be an unnecessary hardship to strictly apply the Ordinance due to the
unique circumstances stated above. In addition, the proposed site will serve a
regional market and further enhance economic development throughout this area.
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 construction of a nonresidential structure
on a landlocked lot constitutes a genuine hardship, which 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.