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6. 1.

Board of Adjustment

Meeting Date:	08/26/2020
CASE: V-2020-01
APPLICANT:	Brian Walker, Agent for Jesta Towers, Inc., Owner
ADDRESS:	9600 University Parkway
PROPERTY REFERENCE NO.:	05-1S-30-0509-000-010
ZONING DISTRICT:	Com
FUTURE LAND USE:	MU-U

SUBMISSION DATA:

REQUESTED VARIANCE:
The applicant is seeking a variance to increase the number of parking spaces. The applicant seeks to increase the total number of allowable parking spaces to 131 which will result in a 32% increase in the parking required for this proposed use.
Per the Land Development Code (LDC), the required amount of parking for the proposed 66-unit multifamily development stories is 99 parking spaces. The LDC requires 1.5 spaces per unit for multifamily uses.

RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 5-6.3 Parking Demand and DSM 3-1.2(d)

Multi-family dwelling, 1.5 per dwelling unit

CRITERIA
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2-6.3

CRITERION (1)

Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district.

FINDINGS-OF-FACT

Special conditions and circumstances do exist which are peculiar to the land which are not applicable to other lands, structures or buildings in the same zoning district. The parcel is narrow and elongated, reducing the buildable area. The applicant wishes to construct multifamily residential units which will be marketed for housing of university students. The nature of the proposed multifamily development will be an apartment complex with units containing multiple individual bedroom units, resulting in the need for additional parking. The site is unique in that the site appears to abut wetlands to the east and the site itself contains a ditch/hydrological feature. Additional review and permitting may be required by the county and/or federal and state agencies due to impact to any wetlands or possible hydrologic feature. This project is currently in review with the Development Review Committee.

CRITERION (2)

The special conditions and circumstances do not result from the actions of the applicant.

FINDINGS-OF-FACT
Staff found the special circumstance do result from the actions of the applicant as the requested variance is to increase the parking requirements. The current parking requirements of the land development code for multifamily could be met by the proposed development if so desired.

CRITERION (3)

Granting the variance requested will not confer on the applicant any special privilege that is denied by this land development code to other lands, buildings or structures in the same zoning district.

FINDINGS-OF-FACT
Granting the variance requested will not confer on the applicant any special privilege that is denied by the land development code to other lands, buildings or structures in the same zoning district. A grant of relief from the parking requirements of the land development code can be requested through discretionary review of the Board of Adjustment and is available to all.

CRITERION (4)

Strict application of the provisions of the land development code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the land development code and would create an unnecessary and undue hardship on the applicant.

FINDINGS-OF-FACT
The strict application of the parking requirements would not deprive the applicant of the rights commonly enjoyed by other properties. The parking requirements do not create an unnecessary and undue hardship on the applicant and the applicant is not deprived of any rights to develop the land for the proposed use. The proposed use appears to be able to accommodate the proposed buildings and meet the current parking requirements allowed by the land development code.

CRITERION (5)

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

FINDINGS-OF-FACT
The variance is not the minimum variance. The parking requirements of the land development code for multifamily dwellings could be met as the number of parking spaces that would be needed for the proposed 66 proposed dwelling units is 99. The parking variance requested is for 132 parking spaces.

CRITERION (6)

The granting of the variance will be consistent with the general intent and purpose of the land development code and that such variance will not be injurious to the area or otherwise detrimental to the public welfare.

FINDING OF FACT:
The granting of the variance appears to be inconsistent with the intent of the land development code parking requirements for multifamily dwellings. However, this variance does not appear to be injurious to the area or otherwise detrimental to the public welfare.

STAFF RECOMMENDATION:

Staff recommends denial of the variance as the request is not supported by the parking requirements listed in the land development code for multifamily dwellings.

BOA DECISION

BOARD OF ADJUSTMENT FINDINGS:

The Board amended Staff's Findings and approved the variance request as submitted.

Attachments
Working Case File