Agenda

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6. 1.

Board of Adjustment

Meeting Date:	10/16/2013
CASE: V-2013-21
APPLICANT:	Robert L. Sebring, Agent for Linda Lee Sebring
ADDRESS:	4315 Cheltenham Circle
PROPERTY REFERENCE NO.:	05-1S-29-3000-000-011
ZONING DISTRICT:	R-1, Single-Family District, Low Density
FUTURE LAND USE:	MU-U, Mixed-Use Urban

SUBMISSION DATA:

REQUESTED VARIANCE:

The Applicant is seeking a 3 foot variance to allow an accessory structure to be built 2 feet from an interior lot line.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 2.10.07.A

A. Interior lot line setback. Any accessory structure may be constructed no closer than five feet from the interior side or rear lot line.

CRITERIA

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.02

CRITERION (1)

That there are special circumstances or conditions applicable to the building or land in question that are peculiar to such property that do not apply generally to other land or buildings in the vicinity.

FINDINGS-OF-FACT

Section 2.05.02 of the Land Development Code defines special circumstances or conditions specifically as follows: “Such special conditions shall be limited to unusual physical characteristics inherent in the specific piece of property and not common to properties similarly situated. Such physical characteristics include, but are not limited to, exceptional narrowness, shallowness, shape, topographic conditions, or the presence of sensitive environmental resources, any or all of which will result in peculiar or practical difficulties in the quiet enjoyment and use of the property”.

The parcel in question has a 2 foot grade change at the southwest corner, the site of the proposed structure. This unique feature is the reason for a concrete block retaining wall approximately 2 feet in from the west property line. While this is a unique feature, it does not create an undue hardship in the use of the property.

CRITERION (2)

That the variance is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the Applicant.

FINDINGS-OF-FACT

The variance is not necessary for the preservation and enjoyment of a substantial property right as the land can be used as platted.

CRITERION (3)

That such a variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the health, safety, comfort, or general welfare of the inhabitants of Escambia County.

FINDINGS-OF-FACT

This variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, comfort, or general welfare of the inhabitants of Escambia County.

CRITERION (4)

The variance will not, in any manner, alter other provisions of this Code or Comprehensive Plan.

FINDINGS-OF-FACT

This variance will not alter other provisions of the Land Development Code or Comprehensive Plan.

CRITERION (5)

That the variance is the minimum necessary to make possible the use of the land, building or other improvements as approved by the BOA.

FINDINGS-OF-FACT

The requested variance would be necessary for the existing retaining wall to be used as part of the foundation for the proposed structure.

STAFF RECOMMENDATION:

Staff finds that the proposed variance does not meet all of the required criteria and denial of the request is recommended.

BOARD OF ADJUSTMENT FINDINGS:

The Board adopted Staff's findings and denied the variance request.

Attachments
V-2013-21