Memorandum
Date: 9/5/2013
To:
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (VARI-08-13-2808) Hardship variance to waive street frontage requirements for
certain lots of a new subdivision at 9240 River Road.
Applicant's Proposal
This application is for a replat to subdivide an existing 39.9-acre tract of
land (part of Batten Creek subdivision). The proposed parcels do not have
street frontage and access is provided via a paved 60-foot access easement.
The proposed parcels are 5+ acres each. The applicant?s intent is to subdivide
the land for residential use. The applicant is proposing to waive public
street frontage requirements and allow an existing 60-foot access easement to
serve as the primary right of entry onto the subject lots. The project site is
located off of River Road, just north of the intersection with Biggers 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 do not meet the
minimum street frontage requirement as stated above.
Planning & Zoning
- Applciant
- Sammy Caves
- Owner
- Same
- Acreage
- 39.9 acres
- Current Zoning Classification
- RE1 (Residential Estate 1)
- Current Use Of Property
- Single family residential
- 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. The recommended condition is: the access code to the gated entrance shall be provided to all Columbus Consolidated Government public safety entities.
- Attitude of Property Owners
- N/A
- Other Recommendations
-
- Engineering: N/A
- Public Safety: There are no existing issues with fire access and protection with this subdivision. The private easement is a paved road that is well maintained and of sufficient width for a fire truck (per Fire/EMS). Batten Creek subdivision has adequate fire hydrant proximity and is 0.4 miles from the nearest fire station. Proximity to hydrants and a fire station is excellent. However, the development shall be required to provide the access code to the gated entrance to all Columbus Consolidated Government public safety entities.
- Public Works: The Columbus Public Works Department provides trash pick-up for the Batten Creek subdivision. However, garbage trucks do not enter the gated subdivision. Residents are required to bring their trash to the gate.
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.
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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 existing lots in Batten Creek subdivision have primary access off of an
existing 60-foot access easement. None of the new Parcels will front on a
dedicated right-of-way. For this reason, a variance is requested to waive the
minimum street frontage requirements. The proposed access easement would abut
the subject property on the western property lines.
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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 (39.9 acres) that is undeveloped. The
property owner?s intent to subdivide the property is restricted due to lack of
proper street frontage for the property. A hardship results on the property
owner because the access easement does not front on a dedicated public street.
The proposed access easement must fully comply with applicable street standards
to ensure proper egress and ingress onto the site. The applicant shall
maintain the access easement.
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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.
ADDITIONAL INFORMATION
The property in which this parcel of land lies was developed prior to the
Unified Development Ordinance and was consistent with the agricultural zoning
requirements at the time. There are no existing issues with fire access and
protection with this subdivision. The private easement is a paved road that is
well maintained and of sufficient width for a fire truck (per Fire/EMS).
Our main concern for all private-street properties is adequate fire protection
for the citizens living in the subdivision. Batten Creek subdivision has
adequate fire hydrant proximity and is 0.4 miles from the nearest fire
station. Proximity to hydrants and a fire station is excellent. However, the
development shall be required to provide the access code to the gated entrance
to all Columbus Consolidated Government public safety entities.