franklin county board of zoning appeals...motion to appoint tim guyton as the vice chair for the...
TRANSCRIPT
150 South Front Street, FSL Suite 10 Columbus, Ohio 43215-7104
Tel: 614-525-3094 Fax: 614-525-7155 Development.FranklinCountyOhio.gov
Franklin County Board of Zoning Appeals
369 South High Street (Judicial Services Building) Commissioner’s Hearing Room – 1st Floor
Columbus, OH 43215
Monday, March 16, 2020 1:30 p.m.
1. Call roll for board members
2. Introduction of staff
3. Swearing in of witnesses
4. Approval of minutes from the January 21, 2020 meeting
5. Old Business:
i. VA-3956 – Brad Fisher - Request to withdraw
Owner/Applicant: Sedalia Drive, LLC Agent: Thomas Hart Township: Madison Township Site: 3425-3431 Olde Cape East (PID #180-004671) Acreage: 5.560-acres Utilities: Public water and sewer Zoning: Community Service (CS) District Request: Requesting Variances from section 610.081(1) of the Franklin County
Zoning Resolution and sections 4.1-2(1), 4.1-2(3) and 4.2-1(A(1)) of the Franklin County Special Resolution NFIP Regulation to allow for construction of an apartment building in the floodplain with materials that are not resistant to flood damage.
ii. VA-3959 – Brad Fisher - Request to withdraw
Owner/Applicant: Joshua Pierre Township: Pleasant Township Site: 5236 Lambert Rd. (PID #230-002831) Acreage: 6.268-acres Utilities: Private water and wastewater Zoning: Rural District Request: Requesting a Variance from Section 512.02(2(a)) of the Franklin County
Zoning Resolution to allow the construction of an accessory building that would not be located to the side or rear of the principle structure in an area zoned Rural.
6. New Business:
i. VA-3961 – Brad Fisher Owner/Applicant: Judith L. Welch Township: Franklin Township Site: 4191 Fredericksburg Ave. (PID #140-006747) Acreage: 0.692-acres Utilities: Private water and wastewater Zoning: Rural District Request: Requesting a Variance from Section 512.02(2) of the Franklin County
Zoning Resolution to allow the construction of an accessory building that exceeds the maximum accessory building size permitted in an area zoned Rural.
ii. VA-3962 – Brad Fisher
Owner/Applicant: Bruce & Jeanette Bays Agent: Jackson B. Reynolds, III, - Smith & Hale, LLC Township: Pleasant Township Site: 5288 Pheasant Dr. (PID #230-002034) Acreage: 0.490-acres Utilities: Public water and sewer Zoning: Suburban Residential District (R-4) Request: Requesting a Variance from Sections 512.02(2) and 512.02(2(a)) of the
Franklin County Zoning Resolution to allow the construction of an accessory building that would not meet the minimum side yard and principal structure setbacks on a lot smaller than one (1) acre in size in an area zoned Suburban Residential (R-4).
7. Adjournment of Meeting to April 20, 2020
150 South Front Street, FSL Suite 10 Columbus, Ohio 43215-7104
Tel: 614-525-3094 Fax: 614-525-7155 Development.FranklinCountyOhio.Gov
MINUTES OF THE
FRANKLIN COUNTY BOARD OF ZONING APPEALS
Tuesday January 21, 2020
The Franklin County Board of Zoning Appeals convened on the 26th floor, Franklin County Courthouse, 373 South High Street, Columbus, Ohio, 43215, on Tuesday January 21, 2020. Present were: Christopher Baer Tim Guyton Paula Armentrout Nancy Hunter Franklin County Economic Planning and Development Department: Matt Brown, Planning Administrator Brad Fisher, Planner Mr. Baer opened the meeting. Mr. Matt Brown swore in all witnesses. The first order of business being approval of the meeting minutes of the December 16, 2019, meeting. Ms. Armentrout made a motion to approve the December 16, 2019, meeting minutes. It was seconded by Mr. Guyton. The minutes were approved by three-to-zero vote with one abstention. OLD BUSINESS: The next order of business being Variance Case VA-3956. Mr. Baer made a motion to take Variance Case VA-3956 off the table. It was seconded by Ms. Armentrout. The motion was approved by a four-to-zero vote. Mr. Baer made a motion to table Variance Case VA-3956 until the February 18, 2020, meeting. it was seconded by Mr. Guyton. The motion was approved by a four-to-zero vote. NEW BUSINESS: The next order of business being Variance Case VA-3957. The owner is Sun Valley Management, LLC. The applicant is Archer Sign, with Tim Pence handling the case. The property is located in Pleasant Township at 6997 Harrisburg Pike. It is 1.15 acres in size, zoned Community Service and serviced by private water and wastewater. The applicant is requesting a variance from Section 541.03(B) of the Franklin County Zoning Resolution to allow a freestanding sign to exceed the maximum permitted height in an area zoned Community Service. Mr. Brad Fisher read and presented the case to the Franklin County Board of Zoning Appeals.
Mr. Baer made a motion to accept the applicant's request for an appeal under Section 110.043(3). It was seconded by Ms. Armentrout. The motion was approved by a four-to-zero vote. Mr. Pence presented his appeal to the Franklin County Board of Zoning Appeals under Section 110.043(3) of the Franklin County Zoning Resolution to allow an expansion of a nonconforming accessory use. Mr. Guyton made a motion to approve the appeal of Variance Case VA-3957. It was seconded by Ms. Hunter. The motion was approved by a four-to-zero vote. Mr. Baer made a motion to adopt a motion that the variance requested in Case VA-3957 is moot due to the decision of the Board under the appeal request. It was seconded by Ms. Armentrout. The motion was approved by a four-to-zero vote. The next order of business being Variance Case VA-3958. The owner is Sarah Aldridge. The applicant is Andrew Holt. It is located in Sharon Township at 309 Westview Avenue. The site is 0.945 acres in size, zoned Restricted Urban Residential and served by public water and sewer. The applicant is requesting a variance from Section 512.02 (2(h)) of the Franklin County Zoning Resolution to allow for the construction of an accessory building that exceeds the maximum allowable size permitted on a property under one acre in size. Mr. Brad Fisher read and presented the case to the Franklin County Board of Zoning Appeals. Mr. Guyton made a motion to approve Variance Case VA-3958 with the original four staff recommended conditions and the additional conditions that the siding and roofing to be utilized on the proposed accessory buildings must match the house, any drainage tile damaged during construction must be repaired, that the Franklin County Drainage Engineer's office must approve the drainage plan for the proposed accessory buildings, that the front accessory building be 20’x24’ and the rear accessory building cannot exceed 960 square feet. It was seconded by Mr. Baer. The motion was approved by a three-to-one vote. The next order of business being Variance Case VA-3959. The owner/applicant is Joshua Pierre. The property is located in Pleasant Township at 5236 Lambert Road. It is 6.18 acres in size, zoned Rural and served by private water and wastewater. The applicant is requesting a variance from Section 512.02(2(a)) of the Franklin County Zoning Resolution to allow the construction of an accessory building that would not be located to the side or rear of the principal structure in an area zoned Rural. Mr. Brad Fisher read and presented the case to the Franklin County Board of Zoning Appeals. Mr. Baer made a motion to table Variance Case VA-3959 until the March 16 meeting. It was seconded by Mr. Guyton. The motion was approved by a four-to-zero vote. The next order of business being Conditional Use Case CU-3960. The owners/applicants are James and Judy Collins. The property is located in Madison Township at 5767 Ebright Road. It is 0.460 acres in size, zoned Rural and served by private water and wastewater. The applicant is requesting a Conditional Use Home Occupation from Section 511.03 of the Franklin County Zoning Resolution to allow a home occupation for used automotive sales in an area zoned Rural. Mr. Brad Fisher read and presented the case to the Franklin County Board of Zoning Appeals. Mr. Guyton made a motion to approve the Conditional Use request with the five recommended staff conditions. It was seconded by Ms. Hunter. The motion was approved by a four-to-zero vote. The next order of business being approval of the 2020 bylaws. Mr. Guyton made a motion to approve the 2020 bylaws. It was seconded by Ms. Hunter. The motion was approved by a four-to-zero vote. The next order of business being election of Chairman and Vice Chairman. Mr. Guyton made a motion to appoint Chris Baer as Chair for the Franklin County Board of Zoning Appeals for 2020. It was seconded by Ms. Armentrout. The motion was approved by a three-to-zero vote with one abstention. Ms. Hunter made a motion to appoint Tim Guyton as the Vice Chair for the Franklin County Board of Zoning Appeals for 2020. It was seconded by Mr. Baer. The motion was approved by a three-to-zero vote with one abstention.
There being no further business to come before the Franklin County Board of Zoning Appeals, Mr. Guyton made a motion to adjourn the meeting. The motion was approved by a four-to-zero vote.
And, thereupon, the meeting was adjourned at 4:37 p.m.
Signature
Minutes of the January 21, 2020, Franklin County Board of Zoning Appeals hearing were approved this 16th day of March, 2020.
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Fisher, Brad X.
From: Thomas L. Hart <[email protected]>Sent: Friday, February 7, 2020 10:23 AMTo: Fisher, Brad X.; Brown, MatthewCc: Scott Baker; 'Jon Kletrovetz'Subject: Notice of Withdrawl BZA Case VA-3956 Olde Cape East Apts
Re: BZA VA‐3956‐Olde Cape East Matt/Brad: Please consider this communication notice on behalf of the applicant to withdraw the above‐referenced BZA case scheduled for February 18, 2020. This withdraw is based on the approved zoning compliance and NFIP permits issued by your office on January 27, 2020. The applicant’s team will be following up on the conditions accompanying those permits. Thank you again for your assistance and for your efforts on this matter, and as always your professionalism. Tom Hart, Attorney for the Applicant
To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.IsaacWiles
Thomas L. Hart Attorney at Law Two Miranova Place, Ste. 700 Columbus, Ohio 43215‐5098 t 614.340.7415 • f 614.365.9516 d 614.340.7415 [email protected] www.isaacwiles.com
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Fisher, Brad X.
From: Josh Pierre <[email protected]>Sent: Friday, January 24, 2020 12:48 PMTo: Fisher, Brad X.Subject: Variance for Pierre 5236 Lambert Rd.
Afternoon Brad. Thank you again for your time and effort on this project but i would like to pull my variance indefinitely at this time. thank you again for your understanding and expertise. Josh Joshua Pierre General Manager O: 614-914-6746 M: 614-554-5971 [email protected] Hertz Dayton and Columbus Ohio Byers Car Rentals LLC 4185 East 5th Avenue Columbus, Ohio 43219
Hertz. We’re here to get you there. VISION 2020
Caution
This email originated from an email address that is outside of the county network. Do not click links or open attachments unless you recognize the sender and know the content is safe.
150 South Front Street, FSL Suite 10 Columbus, Ohio 43215-7104
Tel: 614-525-3094 Fax: 614-525-7155 Development.FranklinCountyOhio.gov
STAFF REPORT Board of Zoning Appeals
March 16, 2020
Case: VA-3961 Prepared by: Brad Fisher
Summary The applicant is requesting a Variance to allow the construction of an accessory building that exceeds the maximum allowable size permitted on a property under 1-acre in size. The request does not satisfy the criteria necessary for granting a Variance. Staff recommends denial. Description of the Request The subject site is located at the southwest corner of Fredericksburg Avenue and Savannah Drive in Franklin Township. The site includes a 2,797 square foot single-family home that was constructed in 1962 and two accessory buildings that total 232 square feet. The proposed development would include a 1,200 square foot detached accessory building that would be set back 15 feet from the western and southern side property lines. The two existing accessory buildings would be removed if the variance is approved. The maximum permitted accessory building size for a property under 1-acre is 720 square feet. The proposed accessory building size would be 1,200 square feet. The variance request is to exceed the maximum permitted size by 480 square feet. Surrounding Area The subject site and all surrounding properties are in the Neff subdivision, which is zoned Rural in Franklin Township. The subdivision is developed with low-density residential uses. Area Plan The Hilltop Land Use Plan, adopted by the City of Columbus in 2019 recommends the area for very low-density residential uses. The subject site includes a single-family residential use on the property, however, allowing for a total accessory building size that is 480 square feet larger than what is permitted would not respect the community’s character.
Owner/Applicant: Township:
Judith L. Welch Franklin Township
Site: Acreage: Zoning:
4191 Fredericksburg Avenue (PID #140-006747) 0.692-acres Rural
Utilities: Private water and wastewater Request: Requesting a Variance from Section 512.02(2) of the Franklin County
Zoning Resolution to allow the construction of an accessory building that exceeds the maximum accessory building size permitted in an area zoned Rural.
Staff Review Variance from Section 512.02(2) – Accessory Building Size: − The total square footage of accessory buildings may not exceed 720 square feet.
• The proposed accessory building square footage is 1,200. o A Variance of 480 square feet is required.
Technical Review Committee Agency Review Expressed no concerns with the request. Staff Analysis Section 810.041 – Approval of Variance: The Board of Zoning Appeals shall only approve a variance or modification thereof if all the following findings are made: 1) Special conditions and circumstances exist which are peculiar to the land or structure involved and
which are not applicable to other lands or structures in the same zoning district; » No special conditions or circumstances were identified by the applicant. » The applicant indicated that the proposed 1,200 square foot accessory building would be used to
store antique cars, pick up trucks and lawn and garden items. The existing accessory buildings and attached garage are not able to accommodate all of the items listed above.
2) A literal interpretation of the provisions of this Zoning Resolution would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Resolution; » There are no approved variances to allow for an accessory building to exceed the maximum
permitted size in the community. Additionally, Staff found no illegally constructed accessory buildings that exceed the maximum permitted size in the community.
3) The special conditions and circumstances do not result from the action of the applicant; » No special conditions or circumstances were identified by the applicant.
4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Resolution to other lands or structures in the same Zoning District; » Staff believes that granting the variance would set a precedent for constructing an accessory
building that is in excess of the permitted size without a valid special condition or circumstance. 5) Granting the variance will not adversely affect the health or safety of persons residing or working in
the vicinity of the proposed development, be materially detrimental to the public welfare or injurious to private property or public improvements in the vicinity; » The applicant stated that the proposed development would not adversely affect the health or safety
of persons residing or working in the area. Recommendation Staff’s recommendation is that the Board of Zoning Appeals deny a Variance from Section 512.02(2) of the Franklin County Zoning Resolution to allow the construction of an accessory building that exceeds the maximum accessory building size requirement in an area zoned Rural. Resolution For your convenience, the following is a proposed resolution: Proposed Resolution for Request: __________________ moves to approve a Variance from Section 512.02(2) of the Franklin County Zoning Resolution as outlined in the request for the applicant identified in Case No. VA-3961.
Seconded by: ____________________________
Voting: Findings of Fact For your convenience, the following are proposed findings of fact: If the resolution fails for lack of support, the following are proposed findings of fact for adoption by the BZA: __________________ moves that the basis for denying the applicant’s request for the Variance from Section 512.02(2) of the Franklin County Zoning Resolution as outlined in the request for the applicant identified in Case No. VA-3961 results from applicant’s failure to satisfy the criteria for granting a variance under Section 810.041.
Seconded by: ____________________________ Voting:
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VA-3961
Acres: 0.692Township: Franklin
Service Layer Credits:
Requesting a Variance fromSection 512.02(2) of theFranklin County ZoningResolution to allow theconstruction of anaccessory building thatexceeds the maximumaccessory building sizerequirement in an areazoned Rural.
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VA-3961
Acres: 0.692Township: Franklin
Service Layer Credits:
Requesting a Variance fromSection 512.02(2) of theFranklin County ZoningResolution to allow theconstruction of anaccessory building thatexceeds the maximumaccessory building sizerequirement in an areazoned Rural.
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ParcelsStreets
4191 Fredericksburg Ave
150 South Front Street, FSL Suite 10 Columbus, Ohio 43215-7104
Tel: 614-525-3094 Fax: 614-525-7155 Development.FranklinCountyOhio.Gov
STAFF REPORT Board of Zoning Appeals
March 16, 2020
Case: VA-3962 Prepared by: Brad Fisher
Summary The applicant is requesting a Variance to allow the construction of an accessory building that would not meet the minimum side yard and principal structure setbacks in an area zoned Suburban Residential (R-4). The request does not satisfy the criteria necessary for granting a Variance. Staff recommends denial. History
• September 24, 2019 – Zoning enforcement letter sent to the applicant for not applying for a Zoning Compliance prior to constructing an accessory building.
• September 27, 2019 – Applicant submitted a Zoning Compliance for the accessory building. o September 30, 2019 – Zoning Compliance was denied for not meeting the required side yard
and principle structure setbacks. • October 8, 2019 – Applicant submitted a zoning Variance to not meet the setback requirements.
o November 18, 2019 – The BZA denied the Variance due to the request not meeting the criteria necessary for granting a Variance.
• February 12, 2020 – Applicant submitted a second Variance request to the same standards referenced in the October 8 submittals.
o As per the BZA bylaws found in Section C(4), “If a proposed variance request is denied by the BZA, another application for a variance that relies on the same set of facts and affects any portion of the land included in the disapproved application shall not be heard. The Board may consider this position if any applicant can clearly demonstrate that new facts and/or previously unconsidered circumstances or agreements warrant reconsideration
Owner/Applicant: Agent: Township:
Bruce and Jeanette Bays Jackson B. Reynolds, III – Smith & Hale, LLC Pleasant Township
Site: Acreage: Zoning:
5288 Pheasant Drive (PID #230-002034) 0.49-acres Suburban Residential (R-4) District
Utilities: Public water and sewer Request: Requesting a Variance from Sections 512.02(2) and 512.02(2(a)) of the
Franklin County Zoning Resolution to allow the construction of an accessory building that would not meet the minimum side yard and principal structure setbacks on a lot smaller than 1 acre in size in an area zoned Suburban Residential (R-4).
Description of the Request The subject site is located on the north side of Pheasant Drive in the Timberlake subdivision, just east of Lambert Road, in Pleasant Township. The property was developed in 1978 with a 2,854 square foot single-family home that includes an attached 2-car garage. The required accessory building setbacks are 5 feet from the side property line and 10 feet from the principle structure (house). The accessory building is setback 4 feet 8 inches from the western property line and 7 feet 3 inches from the home. The applicant constructed the 147 square foot accessory building prior to receiving approval of a Zoning Compliance. A variance is need to reduce the side yard setback by 4 inches and reduce the setback to the home by 2 feet 9 inches. Surrounding Area and Zoning The subject site and surrounding area are located in the Timberlake subdivision, zoned Suburban Residential (R-4) and developed as medium-density residential in Pleasant Township. Comprehensive Plan The Pleasant Township Comprehensive Plan, adopted in 2009, includes a Future Land Use Map that recommends the site for Residential Suburban High-Density development. Recommended land uses within this type of development include single and two-family housing. Staff Review Variance from Section 512.02(2) – Location of Residential Accessory Buildings • For lots that are under 1 acre in size, the setback from property lines is 5 feet.
o The proposed setback to the western property line is 4 feet 8 inches. A Variance is requested to reduce the setback by 4 inches.
Variance from Section 512.02(2(a)) – Location of Residential Accessory Buildings • An accessory building shall be located to the side or rear of the principle structure and shall be no
closer than 10 feet from any part of the principal structure. o The proposed setback to the home is 7 feet 3 inches. A Variance is requested to reduce the setback by 2 feet, 9 inches.
Technical Review Committee Agency Review Expressed no concerns with the request. Staff Analysis Section 810.041 – Approval of Variance: The Board of Zoning Appeals shall only approve a variance if all of the following findings are made. 1) Special conditions and circumstances exist which are peculiar to the land or structure involved and
which are not applicable to other lands or structures in the same zoning district; » The applicant indicated that there are deed restrictions that do not allow for the proposed accessory
building to be located to the rear of the home. The applicant believes the HOA has the power to restrict building locations within the subdivision.
» Staff notes that Article II of the Timberlake subdivision deed states that building plans must be submitted to and approved by the HOA prior to construction. No where in the deed does it stipulate a criteria for constructing an accessory building or that such building can not be located between the home and a body of water.
» Furthermore, page one of the deed states that “The conveyance of this real estate is subject to the following:
1. All covenants, restrictions, conditions, reservations, legal highways, zoning ordinances, and easements if any, of record.
2) A literal interpretation of the provisions of this Zoning Resolution would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Resolution; » The applicant indicated that other property owners within the Timberlake subdivision are allowed
to have accessory buildings on their lots within the confines of the Franklin County Zoning Resolution and the deed restrictions. A literal interpretation of the Zoning Resolution in this case would deprive the owner the ability to construct an accessory building as other property owners have done.
» Staff notes that there are 10 properties within this subdivision that have constructed accessory buildings between their home and a body of water. This does not support the applicant’s argument that a literal interpretation of this Zoning Resolution deprives them of a right to locate an accessory building in a manner that does not meet the required setbacks.
3) The special conditions and circumstances do not result from the action of the applicant; » The applicant indicated that the contractor hired to construct the accessory building did not apply
for a Zoning Compliance prior to construction. Therefore, the owners were not aware of the special circumstances that restrict the location of the building.
» Staff notes that it is a property owners’ responsibility to ensure that any and all necessary permits are obtained.
» Staff does not believe that any special conditions or circumstances exist and there is adequate area on the lot to build the accessory building while meeting all required development standards.
4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Resolution to other lands or structures in the same Zoning District; » Staff believes that granting the variance request would confer on the applicant a special privilege as
no other properties in the area have received approval for a similar variance and the development standards can be met. The deed restriction requiring property owners to submit building plans for review does not grant the HOA the legal right to nullify the Zoning Resolution requirements.
» Additionally, the lake behind the applicants property was not platted with the Timberlake subdivision and the Timberlake plat does not include a no-build area between the lake and the homes.
5) Granting the variance will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed development, be materially detrimental to the public welfare or injurious to private property or public improvements in the vicinity; » Staff believes that granting the variance would not adversely impact the general health, safety or
welfare of the community. Recommendation Staff’s recommendation is that the BZA deny a Variance from Sections 512.02(2) and 512.02(2(a)) of the Franklin County Zoning Resolution to allow the construction of an accessory building that would not meet the minimum side yard and principal structure setbacks on a lot smaller than 1 acre in size in an area zoned Suburban Residential (R-4). Resolution For your convenience, the following is a proposed resolution: Proposed Resolution for Variance Request: __________________ moves to approve a Variance from Sections 512.02(2) and 512.02(2(a)) of the Franklin County Zoning Resolution as outlined in the request above for the applicant identified in Case No. VA-3962.
Seconded by: ____________________________ Voting:
Findings of Fact For your convenience, the following are proposed findings of fact: If the resolution fails for lack of support, the following are proposed findings of fact for adoption by the BZA: __________________ moves that the basis for denying the applicant’s request for the Variance from Sections 512.02(2) and 512.02(2(a)) of the Franklin County Zoning Resolution as outlined in the request above for the applicant identified in Case No. VA-3962 results from the applicant’s failure to satisfy the criteria for granting a Variance under Section 810.041.
Seconded by: ____________________________ Voting:
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VA-3962
Acres: 0.49Township: Pleasant
Service Layer Credits: Columbus GIS
Neighborhood Edge
Neighborhood General
Parking
Research Park
Town CenterRequesting a Variance fromSections 512.02(2) and512.02(2(a)) of the FranklinCounty Zoning Resolutionto allow the construction ofan accessory building thatwould not meet theminimum side yard andprincipal structure setbackson a lot smaller than 1 acrein size in an area zonedSuburban Residential.
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Floodway
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Parcels
5288 Pheasant Drive
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10 50 10025
Feet
VA-3962
Acres: 0.49Township: Pleasant
Service Layer Credits: Columbus GIS
Neighborhood Edge
Neighborhood General
Parking
Research Park
Town CenterRequesting a Variance fromSections 512.02(2) and512.02(2(a)) of the FranklinCounty Zoning Resolutionto allow the construction ofan accessory building thatwould not meet theminimum side yard andprincipal structure setbackson a lot smaller than 1 acrein size in an area zonedSuburban Residential.
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5288 Pheasant Drive
Proposed Building
Pheasant Drive