Subject: (VAR0801-01) Hardship variance to waive street frontage requirements at 8701
Big Shinn Road
STAFF REPORT
PLANNING RECOMMENDATION: APPROVAL
PLANNING & ZONING HISTORY
Applicant: Mason Hardaway Lampton
Owner: Same
Acreage: 5.0 Acres
Current Zoning Classification: RE1 ? Residential Estate 1
Current Use of Property: Undeveloped
Proposed Use of Property: Single Family Residential
Planning District: Planning District 2
General Use: Residential
Environmental Impacts: None
Surrounding Zoning: RE1? Residential Estates 1
RE1 ? Residential Estates 1
RE1 - Residential Estates 1
RE1 ? Residential Estates 1
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 does
not disrupt the existing rural character of the neighborhood.
APPLICANT?S PROPOSAL
This applicant is requesting to subdivide for an existing parcel into 2
parcels. The existing parcel consists of 240 acres. The applicant is
proposing to subdivide a 5.0-acre property from the overall 240 acres. The
parcel will be used as a home site.
In 2006, Council approved a variance to permit Tract E as a landlocked lot.
Said lot has an access easement to Big Shinn Road. The plat was approved once
the variance was granted and has since been recorded. However, the additional
0.14 acre of the 5.14-acre parcel seriously affects the conservation tax status
of the overall 240 acres. The applicant is requesting to reduce the parcel
size by 0.14 acre for a total of 5.0 acres. A 5.0-acre tract will not affect
the conservation tax status.
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;
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 serves as the primary right-of-entry for the subject
property and Tract D, which does not have street frontage. Tract E will have
primary street frontage off of the private street (Big Shinn Road). It will
not front on a dedicated right-of-way. For this reason, a variance is
requested to waive the minimum street frontage requirements.
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 private street complies will all private street requirements under the
Unified Development Ordinance. The existing private street is gated and
maintained by the property owner. The applicant owns a large tract of land
(200+ acres). The property owner?s intent to subdivide the property is
restricted due to lack of proper street frontage for Tract E. 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 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,