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6. 2.

Board of Adjustment

Meeting Date:	08/26/2020
CASE: V-2020-02
APPLICANT:	Paul Salter/ Salter Company, Agent for Clarence B Jr & Deborah A. Gulsby
ADDRESS:	178 E Nine Mile Rd
PROPERTY REFERENCE NO.:	08-1S-30-1003-011-031
ZONING DISTRICT:	HC/LI, Heavy Commercial Light Industrial district
FUTURE LAND USE:	COM, Commercial

SUBMISSION DATA:

REQUESTED VARIANCE:
Variance to west side/ left side yard setback of property from 10 feet to 4.5 feet.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-2.11(d)(7)(b)

b. Sides. On each side of a single-family detached dwelling, ten feet or ten percent of the lot width at the street right-of-way, whichever is less, but at least five feet. For all other structures, including any group of attached townhouses, ten feet on each side. For structures exceeding 35 feet above highest adjacent grade, an additional two feet for each additional ten feet in height.

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
The applicant is requesting a minor variance to accommodate adjacent properties and to reduce the impact of noise level for the future development of the parcel.

CRITERION (2)

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

FINDINGS-OF-FACT
The special conditions and circumstances do not result from actions by the applicant.

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 of the variance will not confer the applicant any special privilege that is denied to other lands. The variance request process is open to all citizens of Escambia County.

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
Given the unique physical hardships on site, a variance is required to reduce the noise impacts on nearby residential uses.

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 location of the proposed structure, as submitted, is the minimum variance to reduce impacts on the neighbors.

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:
Granting of the variance will be consistent with the general intent and purpose of the Land Development Code and will not be detrimental to the public welfare.

STAFF RECOMMENDATION:

Staff finds that the variance meets all of the required criteria and recommends approval.

BOA DECISION

BOARD OF ADJUSTMENT FINDINGS:

The Board agreed with Staff's Findings and approved the variance.

Attachments
Working Case File