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    6. C.    
Board of Adjustment
Meeting Date: 03/21/2012  
CASE:    CU-2012-05
APPLICANT: Wiley C. "Buddy" Page, Agent, for Charles Hughes, Owner
ADDRESS: 312 Interbay Ave
PROPERTY REFERENCE NO.: 51-2S-30-6050-000-028  
ZONING DISTRICT: R-3, One-Family and Two-Family District  
FUTURE LAND USE: MU-U, Mixed Use Urban  
OVERLAY DISTRICT: AIPD-2

Information
SUBMISSION DATA:
REQUESTED CONDITIONAL USE:

Conditional use request to subdivide a lot within a subdivision.  (Leonard's Subdivision, Resubdivision, PB 1 PG 73)

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section
: 4.05.00.C

C.   Division of lots within a subdivision.  Where further division of an approved lot is not prohibited by any restriction found on the face of a recorded plat, division of an approved lot within a recorded subdivision must meet the density and width provisions of article 6 and must receive conditional use approval by the Board of Adjustment. This is not to preclude a shifting of lot lines that does not create additional lots. 

CRITERIA:

Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2.05.03 
CRITERION (1)
On-site circulation. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, on-site parking and loading, and access in case of fire or catastrophe.

FINDINGS-OF-FACT

The parcel has ingress and egress from Interbay Ave. 

CRITERION (2)
Nuisance. Adverse impact such as noise, glare, smoke, odor or other harmful effects (electrical interference, hazardous materials, etc.) of the conditional use on adjoining properties and properties generally in the District.

FINDINGS-OF-FACT

The proposed conditional use is not anticipated to create any adverse impacts on the adjoining properties.
CRITERION (3)
Solid Waste. Refuse and service areas with particular reference to concurrency requirements and items (1) and (2) above.

FINDINGS-OF-FACT

Solid waste is currently available on the subject property.
CRITERION (4)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses.

FINDINGS-OF-FACT

The property is currently connected to sewer and electrical service is provided by Gulf Power. 
CRITERION (5)
Buffers. The buffer may be a landscaped natural barrier, a natural barrier or a landscaped or natural barrier supplemented with fencing or other man-made barriers, so long as the function of the buffer and the intent of Policy FLU 1.1.9 of the Comprehensive Plan and the provisions of Section 7.01.06 of the Land Development Code are fulfilled.

FINDINGS-OF-FACT

This criteria does not apply.
CRITERION (6)
Signs. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the District.

FINDINGS-OF-FACT

No signs are proposed.




CRITERION (7)
Environment impact. Impacts to protected trees, wetlands, water bodies, stormwater management or other natural features of the subject parcel.

FINDINGS-OF-FACT

This criteria does not apply.
CRITERION (8)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area.

FINDINGS-OF-FACT

The proposed request is compatible with the surrounding neighborhood. 
CRITERION (9)
Other requirements of Code. The proposed Conditional Use is consistent with all other relevant provisions of this Code.

FINDINGS-OF-FACT

Staff finds that the applicant has appropriately addressed the above requirements. 
STAFF RECOMMENDATION

Staff recommends that the Board approve the requested conditional use with the following condition:

The existing structure on the parcel must be demolished and removed to prevent the creation of a non-conformity.

BOARD OF ADJUSTMENT FINDINGS:

Board approved the request to subdivide a lot within a platted subdivision with the following conditions:

    1)  The existing structure on the parcel must be demolished and removed to prevent the creation of a non-conformity;
  
    2)   The removal and relocation of existing dock from parcel identified in the applicant's proposed lot subdivision site plan as lot #1, to meet the guidelines of the 25' riparian setback from the affected party to the west.


Attachments
CU-2012-05 Case File

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