Subject: Subject: (VAR0905-01) Hardship variance to waive street frontage requirements
at 7200 Britton Drive.
PLANNING RECOMMENDATION: APPROVAL
PLANNING & ZONING HISTORY
Applicant: Walter and Polly Miller
Owner: Same
Acreage: 29.64 Acres
Current Zoning Classification: SFR 1 ? Single Family Residential 1
Current Use of Property: Residential
Proposed Use of Property: Residential
Planning District: Planning District - A
General Use: Residential
Environmental Impacts: None
Surrounding Zoning: SFR2- Single Family Residential 2 - North
SFR3- Single Family Residential 3 - South
SFR2- Single Family Residential 2 - East
SFR2- Single Family Residential 2 - West
Traffic Impact: None
Planning Division Recommendation: APPROVAL based upon the fact that the
strict enforcement of the provisions of the Unified Development Ordinance is
not applicable to the subject property.
Reasonableness of Request: The proposed variance is reasonable because it
conforms to the existing character of the surrounding area with compatible
uses.
APPLICANT?S PROPOSAL
This application is for a replat to subdivide an existing 29.64-acre tract of
land. Proposed Parcel ?A? would contain 24.613 acres. Proposed Parcel ?B?
would contain an area of 5.030 acres. The applicant?s intent is to subdivide
the land for residential use. Parcel ?A? will be placed into a Conservation
Easement and Parcel ?B? will remain the primary residence. 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 project site is located off of Britton Drive. The proposed
replat is consistent with the SFR1 (Single Family Residential 1) lot size
requirement of 15,000 square feet for newly created lots.
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 as such.? The proposed
subdivision of the existing lot creates one (1) lot, which 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;
As such, the granting of the proposed variance will not adversely affect the
character, livability, or appropriate development of abutting properties or the
surrounding area, and will not be detrimental to the public welfare or
injurious to other property.
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;
Parcel ?B? would have primary access off of an existing 30-foot access
easement. The access easement would serve as the primary right-of-entry for
Parcel ?B?, which does not have street frontage. Parcel ?A? will front on a
dedicated right-of-way. For this reason, a variance is requested to waive the
minimum street frontage requirement. The access easement would abut the
subject property on the southern property line. This access easement would
intersect with Britton Drive on the Eastern portion of the Parcel A.
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 applicant owns a tract of land (29.64 acres). The primary use of the
property is residential. The property owner?s intent to subdivide the
property is restricted due to lack of proper street frontage for Parcel A and
Parcel B. A hardship results on the property owner because Parcel ?B? does not
front on a dedicated public street. The applicant shall maintain the access
easement.
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 not alter the existing character of the
subdivision 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,