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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The applicant is requesting a variance to allow for the installation of a free standing main sign that is 150 square feet per sign face and 25 feet in height, exceeding the sign standards allowed within the Englewood Overlay District.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.07.04. Englewood Overlay District
I. Non-residential site and building requirements.
6. Signs.
c. Free-standing on-premises signs shall be "human scaled". There shall be only one such sign per parcel and it shall not exceed 100 square feet per sign face and 12 feet in height;
CRITERIA
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.02. Variances.
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| 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 can be accessed via W Street from the West and from Fairfield on the North. This is a corner lot on a busy intersection. The property is located within the boundaries of the Englewood Redevelopment Area, resulting in more specific requirements for development within the parcel. The site location does present unique physical characteristics that impose practical difficulties as the frontage and lateral shape of the parcel is at an angle not parallel to Fairfield; as a result, the main building is located farther back from the street. The applicant states that the setback from the right of way (ROW) combined with other existing physical elements, such as a public transportation stop, would impede motorist from safely accessing their business.
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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
This is a commercially zoned property and the proposed business would depend on the revenue received from attracting travelers into their facility. The proper visualization of advertisement could be considered a substantial property right for this type of zoning.
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| 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.
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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
This variance 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
As stated above, based on the existing unique physical characteristics, the applicant's variance, as requested, would be the minimum necessary to make possible the use of the land.
STAFF RECOMMENDATION:
Staff recommends approval of the variance.
BOARD OF ADJUSTMENT FINDINGS:
BOA approved the requested variance. |
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