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6. 1.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicant is seeking an after-the-fact variance of 4 feet to the required 5 foot interior lot line setback for an accessory structure.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 2.10.07.A
A. Interior lot line setback. Any accessory structure may be constructed no closer than five feet from the interior side or rear lot line.
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 property in question is a lot in a platted residential subdivision. While there are stormwater concerns with this lot, that hardship is not unique to this particular lot as other lots in the subdivision have the same concerns. |
| 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 requested variance is not necessary for the preservation and enjoyment of a substantial property right as the hardship is shared by other lots in the subdivision. |
| 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
The requested variance should 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.
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| 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.
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| 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
The requested variance is not the minimum necessary to make possible the use of the land given that the hardship is shared.
STAFF RECOMMENDATION:
Staff finds that the request does not meet all of the required criteria, specifically criterion 1, 2 and 5. Denial of the request is recommended.
BOARD OF ADJUSTMENT FINDINGS:
The Board amended Staff's findings and approved the request as submitted. |
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