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6. B.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The applicant is requesting a five foot variance to the required 15 foot side set back on the north side of the structure. The applicant also request a 23.5 foot variance to the wetlands buffer.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.21.D.6
D. Site and building requirements. (Requirements apply to the total area of the lot or parcel.)
6. Side yard. The minimum side yard on each side shall be ten percent of the lot width measured at the front building line but need not exceed 15 feet on each side; however, required side yards shall not be less than five feet on each side.
7.13.03. Protection standards.
N. 2. Buffers shall apply to environmentally sensitive lands and those wetlands meeting the definition of wetlands as promulgated by the Florida Department of Environmental Protection in rule 62-340.200 (19) and in accordance with the State of Florida delineation methods as set forth in F.S. § 373.042 and F.A.C. § 62-340.300. Buffers may include those lands between the wetland boundaries defined by the FDEP and the USACOE.
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”.
Based on the wetlands inventory prepared by a professional wetlands scientist, and provided by the applicant, the specific parcel does contain large tracts of sensitive environmental resources which, in fact, limit the space available for construction of a new structure. The physical location and amount of identified wetlands result in practical difficulties for the full use of the property.
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| 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 variances are necessary for the preservation and enjoyment of a substantial property right. The applicant stated in their application that they have worked closely with other agencies and local scientist to provide the greatest protection for the identified sensitive areas, while at the same time, allowing for the design and placement of a single residential structure on-site. The proposed building footprint is intended to minimize any further impacts on the protected areas and includes the minimum setbacks resulting from this coordination. |
| 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
The variances 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.
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| CRITERION (4) |
The variance will not, in any manner, alter other provisions of this Code or Comprehensive Plan.
FINDINGS-OF-FACT
The variances will not alter other provisions of the Land Development Code or Comprehensive Plan.
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| 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
Based on the supporting documentation provided by the applicant and staff's site visit, it appears that the requested variances are the minimum necessary to make possible the use of the land as requested by the applicant.
STAFF RECOMMENDATION:
Staff recommends approval of the variances as requested.
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted Staff's findings and approved the variance as requested. |
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