Agenda

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6. A.

Board of Adjustment

Meeting Date:	08/21/2013
CASE: V-2013-16
APPLICANT:	Francis and Jennifer Butera
ADDRESS:	1108 Cobblestone Dr.
PROPERTY REFERENCE NO.:	07-1S-30-1500-090-002
ZONING DISTRICT:	R-2, Single-Family District
FUTURE LAND USE:	MU-U, Mixed-Use Urban

SUBMISSION DATA:

REQUESTED VARIANCE:

The Applicants are seeking a 5 foot variance to reduce the rear setback from 20 feet to 15 feet.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.07.E.4

E. Site and building requirements.

4. Rear yard. The minimum rear yard shall not be less than 20 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”.

The subject property slopes down from the west and the entire rear of the site abuts an apartment building. These conditions are specific to this property and unique among properties in the subdivision.

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 platted.

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

This lot was designed for a single-family home built within the setbacks. An addition requiring a variance to those setbacks is not the minimum necessary to make use of the land.

STAFF RECOMMENDATION:

Staff finds that the applicant can not meet criterion 2 and 5 and denial of the request is recommended.

BOARD OF ADJUSTMENT FINDINGS:

The Board amended Staff's findings and approved a rear setback of 15 feet for the existing addition.

Attachments
Working Case File