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


6/12/2006
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council

Subject: (VAR060603) Hardship variance to waive the street frontage requirement and

allow the construction of a nonresidential structure on a landlocked lot at

5417 Whittlesey Boulevard.

PLANNING & ZONING HISTORY





Applicant: Moon, Meeks, Mason & Vinson



Owner: George C. Adams Co, Inc.



Acreage: 2.257 Acres



Current Zoning Classification: GC ? (General Commercial)



Current Use of Property: Undeveloped



Planning District: Planning District 2



General Use: Commercial - Retail /Restaurant



Environmental Impacts: None







Surrounding Zoning: North ? GC (General Commercial)

South ? GC (General Commercial)

East ? GC (General Commercial)

West ? GC (General Commercial)



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

30-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 split an existing 11.85-acre

tract of land at Columbus Park Shopping Center. In doing so, the landowner

will created a landlocked lot (proposed Lot 300 ? see replat). The landowner

is seeking to utilize the undeveloped parcel of land as a commercial out parcel

for the existing shopping center.



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 270 feet from the nearest

dedicated public right-of-way property line. For this reason, the subject

property lacks proper street frontage. An existing commercial out parcel abuts

the subject property on the North and North East boundaries. Lot 300 will be

provided practical access via a joint use 30-foot access easement intersecting

Whittlesey Boulevard.





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 98,315 square feet or 2.257 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 30-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 topographical conditions, the irregular shape of existing parcel, and

the location of surrounding structures. The variance results from the property

owner?s intent to use infill development to complete the large shopping

center. The physical surroundings 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.











Respectfully,

Rick Jones, AICP
Director, Planning Department



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