Agenda

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6. 2.

Board of Adjustment

Meeting Date:	10/16/2013
CASE: V-2013-19
APPLICANT:	Aura Vitalina Vielman
ADDRESS:	610 Edgecliff Drive
PROPERTY REFERENCE NO.:	35-2S-30-8000-220-002
ZONING DISTRICT:	R-2, Single-Family District, Low-Medium Density.
FUTURE LAND USE:	MU-U, Mixed-Use Urban

SUBMISSION DATA:

REQUESTED VARIANCE:

The Applicant is seeking an after the fact 1.2 foot variance to allow an existing accessory structure to be 3.8 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 is similar to neighboring properties in this residential subdivision. Staff found no unique physical features peculiar to the parcel.

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 designed.

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 is not the minimum necessary to make use of the property as a permitted structure could have been built within the setbacks.

STAFF RECOMMENDATION:

Staff finds that 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-2013-19