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6. D.

Board of Adjustment

Meeting Date:	01/16/2019
CASE: V-2019-02
APPLICANT:	Wiley C. "Buddy" Page, Agent for Mel and Pauline Kerns, Owners
ADDRESS:	1522 White Caps Lane
PROPERTY REFERENCE NO.:	50-2S-30-5075-160-001
ZONING DISTRICT:	HDR, High Density Residential district
FUTURE LAND USE:	MU-U, Mixed-Use Urban

SUBMISSION DATA:

REQUESTED VARIANCE:
The applicant is requesting a variance to reduce the required front yard setback of 16 feet to 9 feet.

RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section:
PUD (Planned Unit Development) - Lot 16 Block A Country Club Place as recorded in plat book 17 page 35 of the Escambia County official records - 16' front setback.

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

Staff finds that there are no special conditions or circumstances peculiar to the land, structure or building. Review of the adjacent and surrounding properties and structures shows an average lot size and shape as compared, with similar structures and buildings. The 20 lots within this PUD range from 0.059 acre to 0.130 acre. This lot is 0.069 and is the third smallest lot in the PUD.

CRITERION (2)

The special conditions and circumstances do not result from the actions of the applicant.

FINDINGS-OF-FACT

Staff found no special conditions or circumstances.

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

Granting of the variance requested may confer on the applicant a privilege that is denied by the plat. In 2002, V-2002-29 a variance of 9 feet to the required 14 foot front yard setback was approved by the BOA to allow a 5 foot front yard setback. In 2005, V-2005-01, a variance of 9 feet to the required 14 foot front yard setback was approved to allow a 5 foot front yard setback. Also in 2005, V-2005-25, a variance of 3 feet to the required 18 foot front yard setback was denied.

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

Strict application of the provisions of the LDC would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would not create an unnecessary and undue hardship on the applicant. However, similar variances have been approved in this PUD.

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

Granting of the variance is not the minimum that will make possible the reasonable use of the land, building or structure. The size and shape of the parcel were designed to accommodate a single-family residence within the recorded plats setback allowances.

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 not be injurious to the area or otherwise detrimental to public welfare.

STAFF RECOMMENDATION:

There appears to be no substantial hardship associated with the requested variance and recommends denial.

BOA DECISION

BOARD OF ADJUSTMENT FINDINGS:

The Board disagreed with Staff's Findings and approved the Variance as requested.

Attachments
Working Case File