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6. 0.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The applicant is requesting an accessory structure size variance of 225 square feet.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 4-7.3(2)(5)a.
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 parcel is similar in size and shape to adjacent parcels to the south; the Land Development Code (LDC) allows for accessory structures within the Low Density Residential district (LDR); however, the LDC also has specific guidelines on the permitted sizes for such structures, based on the parcel's acreage and the size of the primary residence. The existing zoning regulations apply to all of the parcels within the same zoning district. The applicant did not address any existing special conditions or circumstances peculiar to the land, structure or building. |
| CRITERION (2) |
The special conditions and circumstances do not result from the actions of the applicant.
FINDINGS-OF-FACT
The applicant purchased the property located in the LDR zoning district with an existing single-family residence. Based on the Escambia County Property Appraiser public records, the base area square footage is 1350; the property is also listed with an approximate acreage of 0.44 (+/-) acre. The LDC allowances for accessory structures states that in this specific lot, the structure may not exceed 50% of the gross floor area, in this case, 675 square feet. The applicant could request a permit to construct that structure size without the need for a variance. |
| 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
All property owners within the same zoning district are granted the ability to request similar action for their properties. Granting of the variance will not confer on the applicant any special privileges not available to other property owners in the same district. |
| 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 code would not deprive the applicant of rights commonly enjoyed by other properties in the same district and would not create unnecessary and undue hardship on the applicant. Without the variance, the applicant could permit and build an accessory structure that meets the allowed 50% size requirement. |
| 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 variance granted is not the minimum variance that will make possible the reasonable use of the land, building, or structure. The residential parcel allows for the construction of a dwelling unit; the LDC also provides an allocation for accessory structures, up-to 50% of the total primary residential size; however, the applicant is requesting a larger building size to accommodate her needs. |
| 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 is not consistent with the general intent and purpose of the LDC; however, if granted, the variance would not be injurious to the area or otherwise detrimental to the public welfare. |
| STAFF RECOMMENDATION: |
The applicant failed to meet the conditions under criteria 1, 4, 5 and 6, therefore, staff recommends denial of the variance as requested. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS:
The Board amended Staff's findings and approved the variance as requested. The variance will allow a 900' square foot structure as an accessory to the principal residential dwelling and use. |
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