Agenda

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6. A.

Board of Adjustment

Meeting Date:	07/17/2019
CASE: V-2019-04
APPLICANT:	Douglas & Dana Mccoy, Owner
ADDRESS:	12576 Prospero Dr
PROPERTY REFERENCE NO.:	07-3S-32-4000-205-006
ZONING DISTRICT:	MDR, Medium Density Residential district
FUTURE LAND USE:	MU-S, Mixed-Use Suburban

SUBMISSION DATA:

REQUESTED VARIANCE:
Variance to allow an accessory structure (garage) in the front yard of property.

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:

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
The applicant is requesting approval to construct a 700 square foot garage in the front yard of the lot due to the existing topography and pre-existing utilities, septic drain field lines on the property which prevents the accessory structure (garage) from being attached and/ or placed on the rear or side yard.

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 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
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
Given the unique physical hardships on site, a variance is required to add a garage structure that would otherwise be allowed by right.

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 location of the proposed structure, as submitted, is the minimum variance that will make possible the use of the land due to the physical limitations of the lot.

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 finds that the variance meets all of the required criteria.

BOA DECISION

BOARD OF ADJUSTMENT FINDINGS:

The Board adopted Staff's findings and approved the variance as requested.

Attachments
Working case file