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6. 2.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicant is seeking a variance to reduce the (northerly) side yard setback from 15 feet to 3.5 feet for the construction of a single-family home.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.05.F.5
5. Side yard. The minimum side yard on each side shall be ten percent of the lot width measured at the front building line but need not exceed 15 feet on each side; however, required side yards shall not be less than five feet on each side.
CRITERIA
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.05 |
| 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 parcel in question contains a large live oak tree, a protected species under this code. The canopy of this tree spreads low and into this lot, reducing the buildable space in relation to other lots in this platted subdivision. In addition, the variance is to a side yard that abuts a 10' strip of county park land instead of a neighboring lot. These unique features present practical difficulties in the use of the property as designed. |
| 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 necessary for the preservation and enjoyment of a substantial property right given the presence of a sensitive environmental resource the county and owner both seek to protect. |
| 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 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.
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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
Given the unique physical features of this site, the requested variance is necessary to construct a home of a scale in character with the neighborhood while preserving a protected environmental resource.
STAFF RECOMMENDATION:
Staff finds that the requested variance meets all of the required criteria and recommends approval of the request as submitted.
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted Staff's findings and approved the request as submitted. |
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