Memorandum
Date: 1/22/2015
To:
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (VARI-01-15-0120) Hardship variance to subdivide an 11.064-Acre lot at 988
Moore Road.
Applicant's Proposal
This application is for a replat to subdivide an existing 11.064-acre tract of
land. Proposed Parcels 1 and 2 does not have street frontage and access is
provided via a 25-foot access easement. The applicant?s intent is to create a
separate lot to build a house for her son. The project site is located at 988
Moore Road, just South East of Moore Road. The proposed replat is consistent
with the RE1 (Residential Estate 1) lot size requirement of 43,560 square feet
for newly created lots.
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 three (3) lots, which will meet the
minimum street frontage requirement as stated above.
The property in which this parcels of land lies hasn?t been developed. The
private easement that connects to Parcels 1 and 2 is a gravel road that is well
compacted and of sufficient width for a fire truck. However, there are no fire
hydrants along the access easement; but there is an existing house. The
subdivision of this property will create 3 Parcels: Parcel 1 with a home (1
acre lot), Parcel 2 with a home (2 acres lot) and the undeveloped portion
(8.064 acre lot).
Planning & Zoning
- Applciant
- Richard Stinson
- Owner
- Same
- Acreage
- 11.064
- Current Zoning Classification
- RE1 (Residential Estate 1)
- Current Use Of Property
- 3 single family homes
- District
- A
- General Use
- Rural/Residential
- Environmental Impacts
- None
- Surrounding Zoning
- RE1 (Residential Estate 1) - North
RE1 (Residential Estate 1) - South
RE1 (Residential Estate 1) - East
RE1 (Residential Estate 1) - West
- Traffic Impact
- None
- Planning Departments Recommendtion
- CONDITIONAL APPROVAL based upon the fact that the strict enforcement of the provisions of the Unified Development Ordinance is not applicable to the subject property. Said condition is that any new access easements be adequate for fire truck access and turn-around ability.
- Attitude of Property Owners
- N/A
- Other Recommendations
-
- Engineering: N/A
- Public Safety: Conditional approval
- Public Works: N/A
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;
As such, the granting of the proposed variance will not adversely affect the
character, livability, or appropriate development of abutting properties or the
surrounding area, and will not be detrimental to the public welfare or
injurious to other property.
-
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;
Parcel 1 and Parcel 2 has primary access off of an existing 25-foot access
easement. Said parcels 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 applicant owns a tract of land (11.064-acres). The primary use of the
property is undeveloped. The property owner?s intent to subdivide the
existing land onto a separate pieces of property. A hardship results on the
property?s owner because the new properties do not front on a dedicated public
street. The applicant shall maintain the access easement.
-
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 not alter the existing character of the
subdivision 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.