Subject: STAFF REPORT
Subject: (VAR0801-2) Hardship variance to waive street frontage requirements at
3450 Macon Road.
Planning Recommendation: Approval
PLANNING & ZONING HISTORY
Applicant: Bharat C. Patel
Owner: Same
Acreage: 1.488 acres
Current Zoning Classification: GC (General Commercial)
Current Use of Property: Restaurant / Hotel
Proposed Use of Property: Same
Planning District: Planning District 7
Future Land-Use: General Commercial
Environmental Impacts: None
Surrounding Zoning: East ? GC (General Commercial)
West ? I-185
North ? GC (General Commercial) / NC (Neighborhood Commercial)
South ? GC (General Commercial)
Traffic Impact: None.
Planning Department
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 based on the use
of the property as commercial, and its ability to provide a primary right of
entry via an existing 45-foot joint-use access easement.
APPLICANT?S PROPOSAL
The applicant is proposing to waive public street frontage requirements and
allow a 30-foot access easement to serve as the primary right of entry onto the
subject property. The proposed replat is consistent with the GC minimum 4,000
square feet lot size requirement for newly created lots.
Section 7.3.5 (F.2) 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 that 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;
The conditions are not unique to either the property or the area.
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 topography and physical surroundings of this property are not a factor.
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,