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 result in significant view, privacy or
other impacts detrimental to the public welfare or injurious to abutting
properties. The proposed 60-foot access easement shall provide proper ingress
and egress for all vehicular traffic including emergency vehicles and other
services
-
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;
As proposed, the layout of the eight parcels would be appropriately shaped and
lots would be created at right angles to straight access easement lines or
radial to curved access easement lines. The proposed lots conform to zoning
regulations of the Unified Development Ordinance with respect to lot area, lot
widths and building setbacks. However, the proposed parcels will not have
public street frontage. The 60-foot access easement shall provide continuous
drive access that must meet or exceed street layout requirements summarized in
the Unified Development Ordinance. Under Section 7.4.2 of the Columbus Unified
Development Ordinance, ?private streets, reserve strips or access easements are
prohibited except in multi-family and nonresidential development, or as
otherwise approved by the City Council on a case-by-case basis.? Therefore,
approval must be granted by City Council to allow the 60-foot access easement
to serve as the primary right of entry into the residential subdivision.
-
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
No particular hardship exists to the property owner due to physical
surroundings, shape or topographical conditions. However, some benefits
include: 1) the access easement must comply with all standards that apply to
public street requirements within a residential subdivision; 2) the City shall
not be responsible for maintenance of the easement; 3) the City shall not be
held liable for any damages to the easement or abutting properties; 4) the
property will still be taxed as private property. A major disadvantage would
be the lack of enforcement to properly maintain the access easement.
-
The variances will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan or Official Map.
The proposed variance will not vary provisions or grant special privileges
inconsistent with the Zoning Ordinance, Comprehensive Plan or Official Map.
The proposed subdivision is in keeping with the zoning and subdivision
requirements.
Planning Division believes there is significant evidence to support the
findings for the requested variance. The granting of this variance to waive the
minimum street frontage requirements and allow the construction of a
residential subdivision 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.