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6. C.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
Reduce the required front property line setback for the placement of an accessory structure on a waterfront lot from 60 feet to 25 feet.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 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 No. 96-3 as amended), Section 6.05.05.F.5 |
| CRITERION (1) |
Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district.
FINDINGS-OF-FACT
The applicant is requesting to reduce the front property setback of 60 feet in order to construct a garage on the front of his waterfront property, in order to keep the majority of the structure from the FEMA Special Flood Hazard Area (SFHA). Review of the existing topography on-site reveals that the property height at the right of way is ten feet and that there is a steady decrease down-to one foot at the water edge. The submitted structure plan still shows portions of the structure in the SFHA. |
| CRITERION (2) |
The special conditions and circumstances do not result from the actions of the applicant.
FINDINGS-OF-FACT
The special conditions and circumstances do not result from actions by the applicant. The lot location and topography are unique to the waterfront property. |
| CRITERION (3) |
Granting the variance requested will not confer on the applicant any special privilege that is denied by this land development code to other lands, buildings or structures in the same zoning district.
FINDINGS-OF-FACT
The applicant stated that other homes in the area have accessory building in the front setback. Granting of the variance will not confer the applicant any special privilege that is denied to other lands. The variance request process is open to all citizens of Escambia County. |
| CRITERION (4) |
Strict application of the provisions of the land development code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the land development code and would create an unnecessary and undue hardship on the applicant.
FINDINGS-OF-FACT
The primary intent of the request is to remove most of the proposed structure from the FEMA SFHA thus reducing future property damage due to flooding. Based on the on-site visit, review of on-site topography and flood maps, the location for the proposed structure will mitigate some of the hardships on the applicant. |
| CRITERION (5) |
The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.
FINDINGS-OF-FACT
The applicant stated that the location of the proposed structure, as submitted, is the minimum variance that will make possible the use of the land. |
| CRITERION (6) |
The granting of the variance will be consistent with the general intent and purpose of the land development code and that such variance will not be injurious to the area or otherwise detrimental to the public welfare.
FINDING-OF-FACT
Granting of the variance will be consistent with the general intent and purpose of the Land Development Code and will not be detrimental to the public welfare. |
| STAFF RECOMMENDATION: |
Staff recommends that the Board approve the variance as requested. If approved, the applicant must submit a plan that meets all of the floodplain management and Florida Building Code requirements for construction in a FEMA designated Special Flood Hazard Area.
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| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS:
The Board approved the Variance as requested, with the condition that it meets all floodplain requirements at the time of permitting.
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