Subject: (VAR0812-01) Hardship variance to waive street frontage requirements at 7218
Layfield Road.
PLANNING RECOMMENDATION: APPROVAL
PLANNING & ZONING HISTORY
Applicant: Charles A. McClure Jr.
Owner: Same
Acreage: 21.23 Acres
Current Zoning Classification: RE10 ? Residential Estate 10
Current Use of Property: Rural Residential
Proposed Use of Property: Rural Residential
Planning District: Planning District B
General Use: Rural Residential
Environmental Impacts: None
Surrounding Zoning: RE5 ? Residential Estate 5 North
RE10 ? Residential Estate 10 South
RE10 ? Residential Estate 10 East
RE10 ? Residential Estate 10 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 use
of rural residential.
APPLICANT?S PROPOSAL
This application is for a replat to subdivide an existing 270+/-acre tract of
land. Proposed Tract CAM would contain a parcel area of 21.23 acres. The
remaining 248+/- acres are to be placed in a Trust. The applicant?s intent is
to continue residential use of the area within Tract CAM. The applicant is
proposing to waive public street frontage requirements and allow a 60-foot
access easement to serve as the primary right of entry onto the subject
property which contains the existing residential structure. The project site
is located off of Layfield Road. The proposed replat is consistent with the
RE10 (Residential Estate 10) lot size requirement of 435,600 square feet for
newly created lots. The applicant agrees to comply with city regulations for
street and access easement requirements.
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;
Tract CAM would have primary frontage off of an existing 60-foot access
easement. The access easement would serve as the primary right-of-entry for
Tract CAM, which does not have street frontage. Tract CAM will not front on a
dedicated right-of-way. For this reason, a variance is requested to waive the
minimum street frontage requirements. This access easement would intersect with
Layfield Road on the Southeast portion of the subject property.
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 large tract of land (270+/- acres). The primary use of the
property is residential with existing residential structure. The property
owner?s intent to subdivide the property is restricted due to lack of proper
street frontage for Tract CAM. The existing access easement must fully comply
with applicable street standards to ensure proper egress and ingress onto the
site. 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 enhance the existing character of the church
campus 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,