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7. 2.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicant is seeking a variance to allow a 6 foot privacy 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.
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 parcel in question is a residential lot with a side yard facing Michigan Ave., a busy, arterial road. As this lot has become vacant, it functions as a side yard for the lot to the south. The owners of the lot to the south are seeking to join this property with theirs, creating a parcel unlike others in the area and confirming its use as a side yard. The variance request would allow a 6 foot fence along the front of this side yard, and be no closer to the road than the original house was. This unique situation creates practical difficulties in the quiet enjoyment and use of the property. |
| 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 unique hardship.
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| 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 features of this site, along with its function as a side yard, the requested variance is necessary to alleviate the hardship.
STAFF RECOMMENDATION:
Staff finds that the Applicant can meet all of the required criteria and approval of the request is recommended.
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted Staff's findings and approved the variance as submitted. |
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