Subject: STAFF REPORT
Subject: (VAR0804-01) Hardship variance to waive street frontage requirements
at 7500 Layfield Road.
APPLICANT?S PROPOSAL
The applicant is requesting to amend the last condition in Resolution 134-06 as
it relates to access easements. The condition states:
?The access easement shall comply with all the standards that apply to public
streets within a residential subdivision and satisfy street frontage
requirements.?
The existing driveway was built prior to the full development of Upatoi Glen
and prior to any rezoning (2006) or council variance (also in 2006). The
applicant would like to extend the existing driveway, at its current width,
into the undeveloped portions of the development. The current width of the
driveway is 18 feet wide. The Fire/EMS Department and the Engineering
Department both concur with the request to alter the driveway width. However,
the applicant is unable to do so due to the condition in the resolution. The
amended condition will state:
?The access easement shall comply with all the standards that apply to public
streets within a residential subdivision and satisfy street frontage
requirements, with the exception of the required width, which shall be reduced
to eighteen (18) feet wide.?
In 2006, Council rezoned the property from RE1 to RE5 so the property could be
developed as an equestrian-based subdivision. At the same time, Council also
granted a variance to permit the eastern portion of the development as
landlocked lots. The applicant at the time, Andy Gilbert, has since sold the
property to Brittland Properties. Although Mr. Gilbert agreed to the
condition, the situation has changed with the sale. There are currently
residents living in the subdivision and the homeowners association (along with
the new owner) does not want the equivalent of a city street running through
their rural subdivision. They would like for the driveway to remain at its
current width.
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 does not meet the minimum street frontage requirement as stated
above.
Planning Department Recommendation: APPROVAL
PLANNING & ZONING HISTORY
Applicant: Warren Mason
Owner: Brittland Properties, Inc.
Acreage: 54.4 acres
Current Zoning Classification: RE5 ? Residential Estate 5
Current Use of Property: Undeveloped
Proposed Use of Property: Rural Residential
Planning District: Planning District 4
General Use: Residential
Environmental Impacts: None
Surrounding Zoning: East ? RE10 (Residential Estate 10)
West ? RE1 (Residential Estate 1) / RE5 (Residential Estate 5) /
RE10 (Residential Estate 10)
North ? RE5 (Residential Estate 5)
South ? RE10 (Residential Estate 10)
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 due to the fact
that safety issues have been addressed by the Fire Department and the
Engineering Department and it does not disrupt the existing rural character of
the neighborhood.
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;
An existing private street abuts the subject property on the eastern property
lines. The private street (driveway) serves as the primary right-of-entry for
the eastern part of the subdivision.
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 existing private street (driveway) is gated and maintained by the property
owner/homeowners association. A hardship results on the property owner because
the private street is not a dedicated public street.
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 amending of this condition to waive the street design requirement regarding
width 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,