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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The owner is requesting a 20 foot variance to the front and rear yard setbacks. Reducing the setbacks from 40 to 20 feet.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.23.E.4&5
Site and building requirements.
4. Front yard. There shall be a font yard having a depth of not less than 40 feet.
5. Rear yard. The minimum rear yard shall not be less than 40 feet in depth.
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”.
While this is a legal lot of record, the zoning setbacks were intended for larger parcels of land. This presents practical difficulties for residential 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 requested variances are necessary for the preservation and enjoyment of a substantial property right that would normally be associated with a residential development. |
| 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 requested 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 requested variances will not alter other provisions of the 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
Given the zoning setbacks were not intended for a lot this size, this is the minimum necessary to make possible the use of the land.
STAFF RECOMMENDATION:
Staff finds that the applicant does meet all of the required criteria for the granting of this variance.
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted Staff's findings and approved the variance as requested. |
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