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: 3/3/2009
To:
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council

Subject: Variance for 507F Biggers Road


Applicant's Proposal
This application is for a replat to subdivide an existing 10.54-acre tract of

land. Proposed Tract F-1 would contain a parcel area of 5.00 acres. Proposed

Tract F-2 would contain 5.54 acres. The applicant?s intent is to subdivide the

land for residential use. The applicant is proposing to waive public street

frontage requirements and allow a 60-foot access easement to serve as the

primary right of entry onto the subject property. The project site is located

off of 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 two (2) lots, which do not meet the

minimum street frontage requirement as stated above.



ADDITIONAL INFORMATION:



The subdivision in which this parcel of land lies, Standing Boy on Biggers, was

developed prior to the Unified Development Ordinance and was consistent with

the agricultural zoning requirements at the time. Because this subdivision was

developed prior the inception of the UDO there are several existing issues with

fire access and protection with 507F Biggers Road and the rest of the

subdivision. The private drive that connects 507F Biggers Road to the Biggers

Road is a twelve (12) wide asphalt road and appears to be in good condition.

There are currently sixteen (16) houses on five acre tracts or more located in

this subdivision and the subdivision consists of twenty-four (2 lots total. We

feel that the creation of TRACT F-1 and TRACT F-2 does 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.

Additionally we have a concern for the ability fire and all other emergency

service vehicles to access 507F Biggers Road and we want to make it clear to

the applicant that any and all emergency response to the properties located

within Standing Boy on Biggers Subdivision may be delayed or completely impeded

due to limited accessibility. Furthermore, after contacting Columbus Water

Works, it has been verified that 507F Biggers Road and the rest of Standing Boy

on Biggers subdivision is not served with water by Columbus Water Works. The

Planning Department has met with the Columbus Fire Department in regards to

507F Biggers Road. A copy of the Fire Memo from the Columbus Fire Department

is attached to this staff report. This Fire Memo lists the concerns of the

Columbus Fire Department and we recommend that the conditions listed by the

Columbus Fire Department be met prior to approval.
Planning & Zoning
Applciant
Tina L. Womack
Owner
Same
Acreage
10.45 Acres
Current Zoning Classification
RE1 - Residential Estate 1
Current Use Of Property
Residential
District
Planning District - A
General Use
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.
Attitude of Property Owners
Other Recommendations
  • Engineering:
  • Public Safety:
  • Public Works:
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;
    Tract F-1 and F-2 would have primary street frontage off of an existing 60-foot

    access easement. The access easement would serve as the primary right-of-entry

    for Tract F-1 and F-2, which do not have street frontage. Neither Tract F-1 or

    Tract F-2 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 and southern

    property lines. This access easement would intersect with Biggers Road on the

    Southern portion of the Tract F-1 and the Northern portion of Tract F-2 of the

    subject property.
  • 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 (10.54 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 Tract F-1 and

    Tract F-2. A hardship results on the property owner because the access

    easement does front on a not 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.
Respectfully,

Rick Jones, AICP
Director, Planning Department


Enclosure / Attachment
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