Created on 12/02/2014

The Columbus Consolidated Government
Planning Department
Post Office Box 1340 Columbus, Georgia 31902-1340
Telephone (706) 653-4116
Fax (706) 653-4120
Website: www.columbusga.org/planning

MEMORANDUM

Date: 12/02/2014

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

Subject: Subject: (VARI-11-14-2521) Hardship variance to subdivide a 3-Acre Land-locked lot at 0 County Line Rd.

APPLICANT'S PROPOSAL
Insert Introduction

PLANNING & ZONING

Applicant: Lillie Ruth Byrd

Owner: Same

Acreage: 3 Acres

Current Zoning Classification: RE1 – Residential Estate 1

Current Use of Property: Raw Land

Proposed Use of Property: Rural / Residential

Planning District: Planning District B

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 Recommendation:
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.

Reasonableness of Request:
The proposed variance is reasonable because it conforms to the existing character of the surrounding area with compatible uses.

Attitude of Property Owners:
This application is for a replat to subdivide an existing 13.23-acre tract of land. Proposed Parcel 1-B 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 0 County Line Rd., just South East of County Line Rd. 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 (2) lots, which will meet the minimum street frontage requirement as stated above.

Other Recommendations:

Engineering:
N/A

Public Safety:
N/A

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:

(a) 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.

(b) 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-B has primary access off of an existing 25-foot access easement. Said parcel will not front on a dedicated right-of-way. For this reason, a variance is requested to waive the minimum street frontage requirements.

(c) 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 (13.23 acres). The primary use of the property is undeveloped. The property owner’s intent to subdivide the existing land onto a separate piece of property. A hardship results on the property owner because the new property does not front on a dedicated public street. The applicant shall maintain the access easement.

(d) 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

Maps & Photos