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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
The applicant is requesting a Conditional use to place an accessory structure in the front yard of a waterfront lot.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: Sec. 4-7.3 Accessory uses and structures.
(a) General conditions. Accessory uses and structures shall be allowed in compliance with the provisions of the applicable zoning district and this section.
(4) Location.
An accessory use or structure shall be located on the same lot as the principal use or structure. Accessory structures are limited to locations within side and rear yards, except as specifically allowed by LDC provisions, including the following:
b. Waterfront lots. Accessory structures may be located in the front yard of a waterfront lot if the structures are at least 60 feet from the front lot line and granted conditional use approval by the Board of Adjustment (BOA).
CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
Sale of Alcohol, Section 4-7.5(e)
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| CRITERION (a) |
General compatibility. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area.
If this is for the sale of alcohol within a 1000 ft of a place of worship or child care facility; please explain 1- 5 below:
1.The existing times of use of the places of worship or child care facilities coincide with the hours of operation of the subject business.
2.The 1000-foot minimum distance is not achieved.
3.The conflicting uses are visible to each other.
4. Any on-premises consumption is outdoors.
5. Any conditions or circumstances mitigate any incompatibility.
FINDINGS-OF-FACT
The applicant has submitted a site plan showing a car garage structure to be placed on the front yard of the property. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties. During the site visit, staff observed that the property in question is located at the end of a dead end road, therefore, apart from the neighbors to the north, there should not be any other transient residential traffic in front of this property. |
| CRITERION (b) |
Facilities and services. Public facilities and services, especially those with adopted levels of service, will be available, will provide adequate capacity to serve the proposed use consistent with capacity requirements.
FINDINGS-OF-FACT
The applicant stated that the garage structure will be connected to and served by existing public services. |
| CRITERION (c) |
On-site circulation. Ingress to and egress from the site and its structures will be sufficient, particularly regarding vehicle and pedestrian safety and convenience, efficient traffic flow and control, on-site parking and loading, and emergency vehicle access.
FINDINGS-OF-FACT
The applicant stated that the proposed garage will connect to the existing driveway and will not modify the ingress to and egress from the property. As the property is located on a dead end traffic impact, pedestrian safety and emergency vehicle access will not be compromised. |
| CRITERION (d) |
Nuisances and hazards. The scale, intensity, and operation of the use will not generate unreasonable noise, glare, dust, smoke, odor, vibration, electrical interference, or other nuisances or hazards for adjoining properties and other properties in the immediate area.
FINDINGS-OF-FACT
The applicant stated that the proposed garage structure will not generate nuisances or hazard to adjoining properties. |
| CRITERION (e) |
Solid waste. All on site solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts.
FINDINGS-OF-FACT
Based on the application, solid waste services currently provided by ECUA will continue to service the property.
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| CRITERION (f) |
Screening and buffering. Where not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site.
FINDINGS-OF-FACT
The proposed structure does not require any additional screening or buffering. |
| CRITERION (g) |
Signs and lighting. All exterior signs and lights, whether attached or freestanding, will be compatible with adjoining properties and other properties in the immediate area, especially regarding glare and traffic safety.
FINDINGS-OF-FACT
The applicant stated that no signs will be placed on the structure; the applicant also addressed the exterior lights, and stated that exterior lighting will not be a nuisance to the neighbors. |
| CRITERION (h) |
Site characteristics. The size, shape, location and topography of the site appear adequate to accommodate the proposed use, including setbacks, intensity, bulk, height, open space and aesthetic considerations.
FINDINGS-OF-FACT
Based on the applicant's submitted plan for the structure, the size, shape and location of the parcel will accommodate the proposed structure. The applicant is concurrently requesting a variance to the 60' front property line setback requirement for the structure. If the conditional use is approved, the applicant will submit plans that must meet all of the standards for construction in a FEMA designated Special Flood Hazard Area, as stated in the Land Development Code and the Florida Building Code. |
| CRITERION (i) |
Use requirements. The proposed use complies with any additional conditional use requirements of the applicable zoning district, use, or other provisions of the LDC.
FINDINGS-OF-FACT
Based on the applicants submitted site plan, the proposed structure location will require approval of a front setback variance. |
| STAFF FINDINGS |
| Staff recommends approval of the Conditional Use. The proposed location for the structure will also require a front setback Variance. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Board approved the Conditional Use as an accessory storage structure with the condition that it meets all floodplain requirements at the time of permitting. |
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