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7. 1.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicant is seeking a variance to allow a six foot ornamental fence in the front yard. The maximum height for front yard fencing in residential districts is four feet.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 7.04.01
7.04.01. Fence heights in residential districts. Maximum heights for fences in residential districts shall be [in feet]:
(Transparent materials which do not obstruct light, air, and visibility) Front Yard-4 feet
Barbed wire and electrified fences are permitted in RR and VR rural residential districts.
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 northern side yard of the subject property abuts the rear yards of adjoining properties. This arraignment would allow those properties to have eight foot fences along the subject property's front yard. This is somewhat unique for the surrounding area. |
| 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
Staff finds that the requested variance is not necessary for the preservation and enjoyment of a substantial property right. |
| 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 would 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
While the zoning and acreage allow for farm animals along with barbed wire and electric fencing, the front yard fence height is still limited to four feet. Because these conditions are shared by other properties in the area, the requested variance is not the minimum necessary to make use of the land.
STAFF RECOMMENDATION:
Staff finds that the Applicant cannot meet criteria 2 and 5 and denial of the request is recommended.
BOARD OF ADJUSTMENT FINDINGS:
The Board amended staff's findings and granted the Variance with the condition that the six foot decorative fence be extended 100 feet along the south property line from the front property line. |
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