Agenda

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6. A.

Board of Adjustment

Meeting Date:	08/15/2018
CASE: V-2018-06
APPLICANT:	Nanette T. Hammond, Owner
ADDRESS:	3470 Navigator Avenue
PROPERTY REFERENCE NO.:	07-3S-32-3100-070-002
ZONING DISTRICT:	MDR, Medium Density Residential district
FUTURE LAND USE:	MU-S, Mixed-Use Suburban

SUBMISSION DATA:

REQUESTED VARIANCE:
The applicant is requesting an 8' variance to the 20' required rear property setback.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-2.7 (d) (7) a.

(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 (b)

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 applicant did not address any specific conditions and circumstances related to the land or the building, as stated in the criterion.

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. The applicant did not address any special conditions or circumstances as stated in the criterion.

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

The Land Development Code (LDC) provides for any property owner to request a variance for certain LDC standards; granting of the variance requested will not confer on the applicant any special privilege that is denied by the LDC.

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.

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 and the existing residence were designed to accommodate a single-family residence within the designated zoning district's 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:

The applicant did not address or meet the requirements, as listed, under Criteria 1, 2, 4 and 5; therefore, staff recommends denial of the variance.

BOA DECISION

BOARD OF ADJUSTMENT FINDINGS:

The Board amended staff's findings and approved the variance as requested.

Attachments
Working Case File