|
Back to Calendar
Return
|
| |
6. B.
|
| Board of Adjustment |
|
|
|
| SUBMISSION DATA: |
REQUESTED VARIANCE:
The applicant is seeking a variance for exceeding the maximum lot coverage of 50 percent of the gross site area.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.07.06.C
C. Lot coverage. Maximum area land coverage by all structures, parking areas, driveways and all other impervious surfaces shall not exceed 50 percent of the gross site area.
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 unusual circumstance of soil contamination on the parcel present practical difficulties to remove any existing impervious cover. Due to contamination of the soils, the Florida Department of Environment Protection has issued a "No Further Action with Conditions" for the site requiring that pavement remain in place to prevent water filtration. The requested variance would allow for a viable commercial design. |
| 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 necessary for the preservation and enjoyment of a substantial property right normally associated with a commercial 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
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 the minimum necessary given the unique hardship on the piece of property.
STAFF RECOMMENDATION:
Staff finds that the applicant does meet all of the required criteria for the granting of the variance.
BOARD OF ADJUSTMENT FINDINGS:
BOA approved the requested variance. |
|
|
|