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6. 3.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicant is seeking a variance to allow for zero side setbacks for the construction of a single-family home. In addition, the Applicant requests an exception to the marine/estuarine/riverine (MERS) setback. This request will be handled administratively and requires no BOA action.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.16.H
Side yard. The yard required on each side of buildings not exceeding three stories in height shall be ten percent of the lot width measured at the front building line or 10 feet, whichever is less; however, required side yards shall not be less than five feet on each side. For buildings exceeding three stories, each side yard shall be increased by two feet for each additional story or each additional ten feet in height.
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 lot in question pre-dates the LDC and is much narrower than called for in the zoning requirements. This situation presents clear, practical difficulties in the use of the property for a single-family residence as allowed by code. The required zoning setbacks would unreasonably reduce the buildable area and constitute a hardship for a lot this size. |
| 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 due to the physical limitations of the site. |
| 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 size and topography of this lot, the requested variance is necessary to make reasonable use of the lot.
STAFF RECOMMENDATION:
Staff finds that the Applicant does meet all of the required criterion 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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