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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The applicant is requesting a variance to reduce the required rear yard setback of 20 feet to 9.4 feet for the rear yard setback.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended),
Section: 3-2.7.(d) (7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty feet in the front and rear.
CRITERIA
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2-6.3 |
| 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
Based on the bench survey drawn by Empire Land Surveying Inc, review of the existing available aerial data and staff's visit to the site, the shape of the lot is no different from any other adjacent lots along St Elmo Street. The existing church on site built a new 1,550 square foot banquet hall addition in 2016, which lies in the rear setback 9.4 feet. The addition did not go through the Development Review Committee Process (DRC) at the time of building and it did not receive any Escambia County Building permits. The property is currently going through DRC with the project name Assembly of Christian Chruches, project number PSP170700106 and is currently on hold until the Board of Adjustments hearing has been completed. |
| CRITERION (2) |
The special conditions and circumstances do not result from the actions of the applicant.
FINDINGS-OF-FACT
Based on the applicant's request letter submitted with the application, it appears that the special conditions and circumstances do result from actions by the applicant. The building addition was never submitted to Development Services Department (DSD). |
| 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 as requested will not confer on the applicant any special privileges that are not available to all property owners in the 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 physical shape of the lot, the location and size of the existing structure within the parcel do not present any unnecessary or undue hardships. |
| 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
Based on the applicant's request, the variance requested is the minimum allowance to make possible the reasonable use of the existing building. |
| 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:
The granting of the variance is not consistent with the general intent and purpose of the Land Development Code and will not be detrimental to public welfare. The current structure was built without a Escambia County Development Order. The building addition has a rear setback of 20 feet. The current structure is 10.6 feet from the rear or Western property line according to the survey submitted by the applicant. |
| STAFF RECOMMENDATION: |
Staff recommends denial of the variance as requested and to amend there site plan which they are obtaining an Development Order for PSP170700106.
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| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS:
The Board amended Staff's Findings and approved the Variance request as submitted.
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