Subject: (VAR060603) Hardship variance to waive the street frontage requirement and
allow the construction of a nonresidential structure on a landlocked lot at
7608 Schomburg Road.
PLANNING & ZONING HISTORY
Applicant: Moon, Meeks, Mason & Vinson
Owner: 1215 LLC
Acreage: 1.53 Acres
Current Zoning Classification: NC ? (Neighborhood Commercial)
Current Use of Property: Commercial
Planning District: Planning District 2
General Use: Commercial
Environmental Impacts: None
Surrounding Zoning: North ? RE1 (Residential Estate 1)
South ? NC (Neighborhood Commercial)
East ? RE1 (Residential Estate 1)
West ? SFR2 (Single Family Residential 2)
Traffic Impact: None
Planning Division Approval based on the fact that it is
Recommendation: compatible with existing land-uses and it will not
vary the provisions of the Unified Development Ordinance
Reasonableness of Request: The proposed variance is reasonable based upon its
use as nonresidential and it ability to provide a primary right of entry via a
40-foot joint-use access easement
APPLICANT?S PROPOSAL
This proposal is for the construction of a nonresidential structure on a
landlocked lot. The applicant is proposing to subdivide an existing 2.256-acre
tract of land into two individual parcels. In doing so, the landowner will
create a landlocked lot (proposed Lot 200 ? see replat). The existing site
consists of a neighborhood shopping center. The landowner is seeking to
utilize the undeveloped parcel of land (proposed Lot 100 ? see replat) as a
neighborhood commercial use.
Section 7.3.5 (F2) 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 lot, which does not meet the minimum street frontage requirement as stated
above. The subject property is located approximately 234 feet from the nearest
dedicated public right-of-way line. An adjacent neighborhood shopping center
is located South of the subject property. Lot 200 will be provided practical
access via a joint use 40-foot access easement intersecting Schomburg Road.
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 these variances will not result in significant view, privacy or
other impacts detrimental to the public welfare or injurious to other
properties in the vicinity.
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;
The subject property is 66,647 square feet or 1.53 acres. The parcel complies
with property development regulations to construct a commercial establishment.
However, the parcel does not have legal street frontage. The property will
have proper street access via a joint use 40-foot access easement. Reliance
upon access easements is common in large shopping centers where landlocked
parcels do not have street frontage. Under Section 7.4.2 of the Columbus
Unified Development Ordinance, ?private streets, reserve strips or access
easements are prohibited except in multi-family and nonresidential
developments, or as otherwise approved by the City Council on a cases-by-case
basis.? The Unified Development Ordinance promotes the use of access easements
and private streets in nonresidential developments such as shopping centers.
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 landowner?s pursuit to develop an additional retail establishment that is
in full compliance with the Unified Development Ordinance is limited in scope
due to the size of the existing parcel and location of the existing building on
the property. The front building setback for the existing building is 310 feet
from the nearest public right-of-way line. Proposed Lot 200 abuts an
undeveloped segment of land on the front property. In 1997, this property was
rezoned from A1 (Agricultural District) or RE1 (Residential Estate 1) to C2
(Neighborhood Shopping District) or NC (Neighborhood Commercial) with a special
condition stating, ?No individual driveway access shall be allowed for any out
parcels. Access must be provided internally. Access for the entire
development shall be limited to two (2) access driveways.? The variance
results from the property owner?s intent to complete the final phase of the
neighborhood shopping center and comply with the special conditions of Rezoning
Ordinance 97-05. The depth and location of the existing structures restrict the
property owner from utilizing the property to its maximum potential. It would
be an unnecessary hardship to strictly apply the Ordinance due the unique
circumstances stated above.
The variances will not in any manner vary the provisions of the Zoning
Ordinance, Comprehensive Plan or Official Map.
The proposed variance will not vary provisions or grant special privileges
inconsistent with the Zoning Ordinance, Comprehensive Plan or Official Map.
Planning Division believes there is evidence to support the findings for the
variance requested. The granting of the variance to waive the public street
frontage requirement constitutes a genuine hardship, which 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.