Agenda

Back to Calendar Return

6. C.

Board of Adjustment

Meeting Date:	05/17/2017
CASE: V-2017-03
APPLICANT:	Escambia County, Owner
ADDRESS:	3200 West DeSoto Street
PROPERTY REFERENCE NO.:	33-2S-30-1000-001-005, 33-2S-30-3301-006-271
ZONING DISTRICT:	Com, Commercial and MDR, Medium Density Residential
FUTURE LAND USE:	MU-U, Mixed-Use Urban

SUBMISSION DATA:

REQUESTED VARIANCE:

Escambia County has purchased and renovated the Brownsville Assembly of God to become the Brownsville Community Center for Escambia County. Since this building is no longer part of the church, it has to provide its own parking for a standalone community center. There are 57 existing parking spaces and Escambia County is proposing to build 62 more for a total of 119 spaces that will be provided. Per the LDC the required amount for this building is 355 parking spaces, which requires a variance for 236 parking spaces.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-1.2.d

Public assembly structure not otherwise listed, 1 per 5 seats or 1 per 35 sq. ft. of assembly area if no fixed seats.

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

Staff does find special conditions unique to this site. This site was a church assembly at one time that used shared parking with other properties that are owned by the church. The current site is completely built out and the only way to add parking for this site is to build on other properties.

CRITERION (2)

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

FINDINGS-OF-FACT

The practical hardship unique to this site is not a result of actions of the applicant.

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

Given the unique features of this site, granting the requested variance would not confer on the applicant special privilege that is denied by this Land Development Code to other lands, buildings or structures in the same zoning 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 Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that do not have the same unique features.

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 requested variance is the minimum variance necessary given the unique hardship of the site.

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:

Given the unique hardships of the site, the requested variance would be consistent with general intent and purpose of the LDC. It also appears that the proposed variance would also not be injurious to the area or otherwise detrimental to the public welfare.

STAFF RECOMMENDATION:

Staff recommends approval of the parking spaces variance, contingent on the expansion of 62 more proposed parking spaces.

BOA DECISION

BOARD OF ADJUSTMENT FINDINGS:

The Board adopted Staff's findings and approved the request as submitted.

Attachments
V-2017-03