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    6. B.    
Board of Adjustment
Meeting Date: 07/18/2018  
CASE:    CU-2018-10
APPLICANT: Brian Benson, Agent for Christine Beck, Owner
ADDRESS: 14485 Innnerarity Point Rd
PROPERTY REFERENCE NO.: 15-3s-32-1000-001-012  
ZONING DISTRICT: LDR, Low Density Residential district  
FUTURE LAND USE: MU-S, Mixed-Use Suburban  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
Conditional Use to allow an accessory structure (garage) in the front yard of property.
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:4-7.3. a.4.b
b.  Waterfront lots,  Accessory structures may be located in the front yard of a waterfront lot if the structures are at least 60 feet from the front lot line and granted conditional use approval by the Board of Adjustment (BOA).


CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended)
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
This site consist of an existing residential home located on a waterfront lot without a garage or covered parking. Site visit and analysis of aerial photographs reveals that similar waterfront homes within the surrounding area have the garage located in the front yard, street side.
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

Public facilities and services are available to support the existing single family residence. Based on the application the existing services will be adequate to support the proposed structure.
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 applicant stated that the proposed structure will be placed adjacent to and accessible from existing driveway and will not degrade on-site parking, loading and emergency vehicle access. If the Conditional Use request is approved, the proposed structure will have to meet the requirements of the LDC. 
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

The proposed accessory structure is for residential use and will not create a nuisance or hazard to adjoining properties in the area.
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
This parcel is located within a residential area that will utilize the existing services available.
CRITERION (f)
Screening and bufferingWhere not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site.

FINDINGS OF FACT:
If necessary, screening and buffering requirements will be reviewed during permitting on the site plan.
CRITERION (g)
Signs and lightingAll 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:
Based on the application language, exterior lighting will be compatible with adjoining residential uses and will not impede traffic safety. No signs were proposed by the applicant. 
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:
Based on the site plan submitted with the application, the proposed structure will meet the required minimum 60' setback requirement from the front lot line. The parcel size, shape, location and topography appear adequate to accommodate the proposed accessory structure.  
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 will comply with additional conditional use requirements of the zoning district and other provisions of the LDC.  As stated in Section:4-7.3. a.4.b
b.  Waterfront lots,  Accessory structures may be located in the front yard of a waterfront lot if the structures are at least 60 feet from the front lot line and granted conditional use approval by the Board of Adjustment (BOA).


 
STAFF FINDINGS
Staff finds that the applicant can address all of the Conditional Use criteria that would allow for an accessory structure to be located in the front yard of a waterfront lot, if the structures are at least 60 feet from the front lot line, therefore, staff recommends approval. If the Conditional Use is approved, the applicant must obtain all necessary permits prior to construction. 
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS

The Board adopted Staff's findings and approved the Conditional Use as requested.
Attachments
Working Case File

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