Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Website: www.columbusga.gov/planning


1/25/2008
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council

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,

Respectfully,

Rick Jones, AICP
Director, Planning Department



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