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


Memorandum
Date: 5/20/2013
To:
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council

Subject: (VARI-06-13-2043) Hardship variance to waive street frontage requirements for

certain lots of a new subdivision at 7747 Layfield Road.


Applicant's Proposal
This application is for a replat to subdivide an existing 167.82-acre tract of

land. Proposed Parcels A-3 and A-4 do not have street frontage and access is

provided via a 50-foot access easement. Parcel A-3 is a 2-acre lot and Parcel

A-4 is a 3-acre. (Parcels A-1 and A-2 have appropriate street frontage

although both are accessed via access easements). 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 50-foot access

easement to serve as the primary right of entry onto the subject lots. The

project site is located off of Layfield Road, just north of the intersection

with Highway 80. 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
Robert Watkins
Owner
Same
Acreage
167.82 acres
Current Zoning Classification
RE1 (Residential Estate 1)
Current Use Of Property
Rural / Residential
District
B
General Use
Rural Residential
Environmental Impacts
N/A
Surrounding Zoning
RE1- Residential Estate 1 - North

RE1- Residential Estate 1 - South

RE1- Residential Estate 1 - East

RE1- Residential Estate 1 - West
Traffic Impact
N/A
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 all 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: See attachment below.
  • 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;
    Parcels A-3 and A-4 will have primary access off of an existing 50-foot access

    easement. From there, a 50-foot access easement shall serve as the primary

    right-of-entry for said Parcels, which do not have street frontage. None of

    the aforementioned 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 northern property lines.
  • 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 (167.82 acres). The primary use of the

    property is undeveloped. The property owner?s intent to subdivide the

    property is restricted due to lack of proper street frontage for Parcels A-3

    and A-4. 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.
  • 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.



    The property in which this parcel of land lies was developed (what little bit

    that was developed) prior to the Unified Development Ordinance and was

    consistent with the agricultural zoning requirements at the time. Because this

    subdivision was created prior the inception of the UDO there are several

    existing issues with fire access and protection with this subdivision. The

    private easement that connects to Parcels A-3 and A-4 is a gravel road that is

    well compacted and of sufficient width for a fire truck (per Fire/EMS).

    However, where the access easements turns west and accesses the west portion of

    the property, improvements shall have to be made to adequately address public

    safety needs. The owner of this property lives on a 10-acre tract within the

    167.82 acre parcels being subdivided (total of 177.82 acres). Therefore, there

    are 2 existing lots: one with a home (10 acre lot) and the one is undeveloped

    (167.82 acre lot). We feel that the creation of Parcels A-3 and A-4 do not

    alter the use and/or character of the area.



    Our main concern for this particular property and surrounding properties is

    adequate fire protection for the citizens living in this subdivision. Tracts

    A-3 and A-4 are not within 1,000 feet of a fire hydrant and are 2.3 miles from

    a fire station. Proximity to a fire station is excellent, but fire hydrant

    distance may result in higher fire insurance premiums (due to time consumption)

    but should not hinder overall fire protection.
Respectfully,

Rick Jones, AICP
Director, Planning Department


Enclosure / Attachment
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