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    6. A.    
Board of Adjustment
Meeting Date: 07/18/2018  
CASE:    CU-2018-09
APPLICANT: John L. Jr & Silvia H. Switzer, Owners
ADDRESS: 837 Bayshore Dr.
PROPERTY REFERENCE NO.: 50-2S-30-5080-1000-004  
ZONING DISTRICT: HDR, High Density Residential district  
FUTURE LAND USE: MU-U, Mixed-Use Urban  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
The applicant is seeking a Conditional Use approval to allow for an accessory structure in the front yard of a waterfront lot.
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:4-7.3 (a)(4)b.

CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
CRITERION (a)
General compatibility.  The proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area.

FINDINGS-OF-FACT
The proposed use could be conducted and operated in a manner that is compatible with properties in the immediate area. 
CRITERION (b)
Facilities and services.  Public facilities and services, especially those with adopted levels of service, will be available, will provide adequate capacity to serve the proposed use consistent with capacity requirements.

FINDINGS-OF-FACT
Facilities and services are currently available to provide adequate capacity for the proposed use.
CRITERION (c)
On-site circulation.  Ingress to and egress from the site and its structures will be sufficient, particularly regarding vehicle and pedestrian safety and convenience, efficient traffic flow and control, on-site parking and loading, and emergency vehicle access.

FINDINGS-OF-FACT
The existing ingress and egress will be utilized in the current configuration.
CRITERION (d)
Nuisances and hazards. The scale, intensity, and operation of the use will not generate unreasonable noise, glare, dust, smoke, odor, vibration, electrical interference, or other nuisances or hazards for adjoining properties and other properties in the immediate area.

FINDINGS-OF-FACT
There are no nuisances or hazards associated with the proposed use.
CRITERION (e)
Solid waste.  All on site solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts.

FINDINGS-OF-FACT
Solid waste is available for the proposed use.
CRITERION (f)
Screening and buffering.  Where not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site.

FINDINGS OF FACT:
Screening and buffering are not required for the proposed use.
CRITERION (g)
Signs and lighting.  All exterior signs and lights, whether attached or freestanding, will be compatible with adjoining properties and other properties in the immediate area, especially regarding glare and traffic safety.

FINDINGS OF FACT:
Signs and lighting are not proposed for the proposed use.
CRITERION (h)
Site characteristics. The size, shape, location and topography of the site appear adequate to accommodate the proposed use, including setbacks, intensity, bulk, height, open space and aesthetic considerations.

FINDINGS OF FACT:
The site characteristics adequately accommodate the proposed use. Specifically, the proposed use is allowed on waterfront lots if the accessory structure is at least 60 feet from the front lot line, contingent upon approval by the Board of Adjustment. The submitted site plan indicates that the proposed accessory structure is located more that 196' feet from the front property line.
CRITERION (i)
Use requirements. The proposed use complies with any additional conditional use requirements of the applicable zoning district, use, or other provisions of the LDC.

FINDINGS OF FACT:
The proposed use complies with additional conditional use requirements of the zoning district, use, and other provisions of the LDC. The proposed use is allowed on waterfront lots if the structure is at least 60 feet from the front lot line, contingent upon approval by the Board of Adjustment, and complies with all other requirements of the LDC. 
STAFF FINDINGS
Staff finds that the applicant has addressed all the Conditional Use criteria for an accessory structure to be located in the front yard of a waterfront lot and recommends approval.
BOA DECISION
The Board adopted Staff's findings and approved the Conditional Use as requested.
Attachments
Working Case File

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