Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT January 18, 2017–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104

Call to Order.

Swearing in of Staff and acceptance of Staff as expert witnesses.

Acceptance of the BOA Meeting Package with the Development Services Staff Findings-of-Fact, into evidence.

Proof of Publication and waive the reading of the legal advertisement.

Approval of the Resume' Minutes for the Regular Meeting held on November 16, 2016 and the Special Meeting held on December 07, 2016.

Consideration of the following cases:

Case No.: V-2016-10

Address: 8690 Scenic Hwy.
Request: Variance for a Zero Rear Building Setback
Requested by: James Rich, Agent for Michael & Dara Glinter

Case No.: CU-2017-01

Address: 310 E. Johnson Ave
Request: To Allow a Convenience Store with the Sale of Gasoline in HDMU Zoning
Requested by: Smart Fill, LLC.

Case No.: CU-2017-02

Address: 5835 Cruzat Way
Request: To Allow a Public Park with Permanent Restrooms in HDMU Zoning
Requested by: The Trust for Public Land, Kate Brown, Senior Project Manager

Sunshine Law Presentation by Kristen Hual, Assistant County Attorney.

Old/New Business.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, February 15, 2017 at 8:30 a.m., at the Escambia County Central Office Complex, Room 104, 3363 West Park Place.

10.

Adjournment.

Audio CD of this meeting is available upon request.


Board of Adjustment		5.
Meeting Date:	01/18/2017

Attachments
Draft Resumes


Board of Adjustment		6. 1.
Meeting Date:	01/18/2017
CASE:	V-2016-10
APPLICANT:	James Rich, Agent for Michael & Dara Glinter
ADDRESS:	8690 Scenic Hwy
PROPERTY REFERENCE NO.:	05-1S-29-1700-000-001 & 05-1S-29-1700-000-010
ZONING DISTRICT:	MDR
FUTURE LAND USE:	MU-U

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is requesting a variance to the 20' rear structure minimum setback. The Applicant and the Cypress Point Home Owner's Association's adjacent parcel will require a zero lot setback in order to build a deck. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 3-2.7(d)(7)a (d) Site and building requirements. The following site and building requirements apply to uses within the MDR district: (7) Structure setbacks. For all principal structures, minimum setbacks are: a. Front and rear. Twenty feet in the front and rear. 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 Based on the review of the existing subdivision plat, as approved, aerial photographs and staff's visit to the site, it is evident that the size of the rear yard for the parcel in question, is the result of the overall subdivision design, the existing structure layout and size, combined with the required setbacks for the subdivision. The parcel has the smallest rear setback, 15 feet, compared to all of the other lots within the subdivision which have a 30 foot setback. All lots within the subdivision have different shapes and orientation. All structures are different in size. The ability of other property owners to have decks results from the variability of lot and structure sizes.
CRITERION (2)
The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT Based on the review of the approved plat, the structure in the lot was built to fit the existing parcel, and in accordance with the approved standards at the time of construction.
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 The Land Development Code does have allowances for all property owners to request variances to the property setbacks in any district.
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 Strict application of the provisions of the Land Development Code would not deprive the Applicant of any rights. The platted subdivision was approved with specific standards common to the development, as shown in the approved document. Based on the approved plat, the lot as designed allows for the construction of a single-family residence. There are no undue hardships on the Applicant.
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 Granting of the variance is not the minimum to make reasonable use of the land, building or structure. The reasonable use of the land was approved via the plat of the land, for a single-family residence. The approved subdivision plat does provide guidance such as specific lot size and setbacks that regulate the size and location of any proposed structure.
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 would not be consistent with the general intent and purpose of the land development code. The variance would not be detrimental to public welfare.
STAFF RECOMMENDATION:
The Applicant failed to meet the minimum requirements for Criteria 1, 4, 5 and 6, therefore staff recommends denial of the variance as requested.
BOA DECISION
The Board voted to overturn Staff Findings and grant the variance as requested.

Attachments
Working Case File V-2016-10


Board of Adjustment		6. 2.
Meeting Date:	01/18/2017
CASE:	CU-2017-01
APPLICANT:	Smart Fill, LLC, Owner
ADDRESS:	310 E. Johnson Ave
PROPERTY REFERENCE NO.:	12-1S-30-6106-004-001
ZONING DISTRICT:	HDMU- High Density Mixed-Use
FUTURE LAND USE:	MU-U, Mixed-Use Urban
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: The Applicant is requesting Conditional Use approval to allow a convenience store with the sale of gasoline in a HDMU Zoning District. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.9(c)(2) CRITERIA: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
CRITERION (a)
General compatibility. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area. FINDINGS-OF-FACT The request for a convenience store with the sale of vehicle gasoline could be compatible with adjacent properties and other properties in the immediate area, although the area adjacent to and surrounding the subject parcel is currently residential use. There once was a convenience store with gasoline sales on this location. The parcel is along Johnson Avenue, which is a collector roadway.
CRITERION (b)
Facilities and services. Public facilities and services, especially those with adopted levels of service, will be available, will provide adequate capacity to serve the proposed use consistent with capacity requirements. FINDINGS-OF-FACT The level of services and adequate capacity to serve the existing use are available and will be addressed by the owner at the time of development review.
CRITERION (c)
On-site circulation. Ingress to and egress from the site and its structures will be sufficient, particularly regarding vehicle and pedestrian safety and convenience, efficient traffic flow and control, on-site parking and loading, and emergency vehicle access. FINDINGS-OF-FACT All access to the site from Johnson Avenue or the two side streets, traffic flow, adequate on-site parking and loading, and emergency vehicle access will be reviewed during the Development Review process.
CRITERION (d)
Nuisances and hazards. The scale, intensity, and operation of the use will not generate unreasonable noise, glare, dust, smoke, odor, vibration, electrical interference, or other nuisances or hazards for adjoining properties and other properties in the immediate area. FINDINGS-OF-FACT The request to allow the convenience store does not appear to create any unreasonable nuisance, noise, glare, dust, or other hazards for the adjoining properties or other properties in the immediate area.
CRITERION (e)
Solid waste. All on-site solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts. FINDINGS-OF-FACT Solid waste service is available and currently provided by ECUA.
CRITERION (f)
Screening and buffering. Where not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site. FINDINGS OF FACT: Screening and buffering requirements will be reviewed during the Site Plan Review process.
CRITERION (g)
Signs and lighting. All exterior signs and lights, whether attached or freestanding, will be compatible with adjoining properties and other properties in the immediate area, especially regarding glare and traffic safety. FINDINGS OF FACT: All proposed signage and lighting will be addressed during the Site Plan Review process to comply with Chapter 5, General Development Standards, Article 8 for signage and Article 9.3 for lighting.
CRITERION (h)
Site characteristics. The size, shape, location and topography of the site appear adequate to accommodate the proposed use, including setbacks, intensity, bulk, height, open space and aesthetic considerations. FINDINGS OF FACT: The use will be situated on the southern portion of the property, oriented along Johnson Avenue, an arterial roadway. Access will not traverse the residential neighborhood to the north of the subject property.
CRITERION (i)
Use requirements. The proposed use complies with any additional conditional use requirements of the applicable zoning district, use, or other provisions of the LDC. FINDINGS OF FACT: The proposed Conditional Use is consistent with all other relevant provisions of this Code.
STAFF FINDINGS
Staff recommends that the Board approve the proposed Conditional Use request with the following condition: The project must meet all conditions imposed through the Site Plan Review process.
BOA DECISION
The Board accepted Staff Findings and approved the Conditional Use as requested.

Attachments
Working Case File CU-2017-01


Board of Adjustment		6. 3.
Meeting Date:	01/18/2017
CASE:	CU-2017-02
APPLICANT:	The Trust for Public Land, Kate Brown, Senior Project Manager
ADDRESS:	5835 Cruzat Way
PROPERTY REFERENCE NO.:	14-3S-32-5000-010-001, 14-3S-32-5000-260-001
ZONING DISTRICT:	High Density Mixed-Use, (HDMU)
FUTURE LAND USE:	Mixed-Use Suburban, (MU-S)
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: The Applicant is seeking Conditional Use approval to develop a park with permanent restrooms in HDMU Zoning. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.9.c.5.c 5. Recreation and entertainment. c. Parks with permanent restrooms or outdoor event lighting. CRITERIA: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
CRITERION (a)
General compatibility. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area. FINDINGS-OF-FACT The proposed project is for a public park with playgrounds, restrooms and picnic pavilions as well as an ADA accessible dock. The property in question is surrounded by three roads (Bob O' Link Road to the West, Cruzat Way to the East and Innerarity Point Way to the North). To the south is the Intercoastal waterway. The property will be an isolated park with internal parking which would have minimal impact to the surrounding properties along any of the surrounding roads. The surrounding properties are a restaurant, two boat lunch ramps with parking and residential properties, all of which are compatible with the proposed project.
CRITERION (b)
Facilities and services. Public facilities and services, especially those with adopted levels of service, will be available, will provide adequate capacity to serve the proposed use consistent with capacity requirements. FINDINGS-OF-FACT The level of service and adequate capacity to serve the proposed use are available and will be addressed during the Site Plan Review process.
CRITERION (c)
On-site circulation. Ingress to and egress from the site and its structures will be sufficient, particularly regarding vehicle and pedestrian safety and convenience, efficient traffic flow and control, on-site parking and loading, and emergency vehicle access. FINDINGS-OF-FACT The property in question is surrounded by three roads (Bob O' Link Road to the West, Cruzat Way to the East and Innerarity Point Way to the North). To the south is the Intercoastal waterway. The property will be an isolated park with internal parking which would have minimal impact to the surrounding properties along any of the surrounding roads. The project will be further reviewed at the Site Plan Review Process.
CRITERION (d)
Nuisances and hazards. The scale, intensity, and operation of the use will not generate unreasonable noise, glare, dust, smoke, odor, vibration, electrical interference, or other nuisances or hazards for adjoining properties and other properties in the immediate area. FINDINGS-OF-FACT Staff does not find any nuisances or hazards associated with the proposed use.
CRITERION (e)
Solid waste. All on site solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts. FINDINGS-OF-FACT Solid waste service is available and container locations will be determined during the Site Plan Review process.
CRITERION (f)
Screening and buffering. Where not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site. FINDINGS OF FACT: Screening and buffering standards will be reviewed during the Site Plan Review process. The Applicant has proposed a privacy fence along Bob o' Link road to screen adjacent neighbors from the park. The landscape buffering will also be installed as part of the overall landscaping plan for the property.
CRITERION (g)
Signs and lighting. All exterior signs and lights, whether attached or freestanding, will be compatible with adjoining properties and other properties in the immediate area, especially regarding glare and traffic safety. FINDINGS OF FACT: The only proposed lighting will be in the parking lot for safety. All exterior signs and lights will be reviewed during the Site Plan Review process and must meet LDC requirements.
CRITERION (h)
Site characteristics. The size, shape, location and topography of the site appear adequate to accommodate the proposed use, including setbacks, intensity, bulk, height, open space and aesthetic considerations. FINDINGS OF FACT: The proposed Conditional Use is consistent with all other relevant provisions of this code.
CRITERION (i)
Use requirements. The proposed use complies with any additional conditional use requirements of the applicable zoning district, use, or other provisions of the LDC. FINDINGS OF FACT: The proposed Conditional Use is consistent with all other relevant provisions of this Code.
STAFF FINDINGS
Staff recommends that the Board approve the proposed Conditional Use request with the following condition: This project must meet any conditions imposed through the Site Plan Review process.
BOA DECISION
The Board accepted Staff Findings and approved the Conditional Use with the following condition: This project must meet any conditions imposed through the Site Plan Review process.

Attachments
Working Case File CU-2017-02