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7. 4.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicants are seeking a Variance to the 20 foot rear yard setback for an attached, enclosed patio.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 6.05.07.E.4
4. Rear yard. The minimum rear yard shall not be less than 20 feet in depth. On property abutting estuarine, riverine or creek systems, the setback shall be in accordance with the marine/estuarine/riverine setback (MERS) provision of this Code (article 7) or 30 feet, whichever is greater.
CRITERIA
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.00 |
| 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”.
While the residence on site was permitted by the county with an intrusion into the rear setback of 1.3 feet, the enclosed patio was done at a later time. The county records from that time are missing, and staff is unable to verify if a permit was issued for the patio enclosure or why the residence was allowed to be built into the setback. Given these factors, the requested variance would be needed to allow the existing construction to remain. |
| 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 to allow the existing patio enclosure to remain. |
| 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 uncertainties in the County records, the requested variance is the minimum necessary to allow the existing structure to remain on site.
STAFF RECOMMENDATION:
Staff finds that the request can meet the required criteria and recommends approval as submitted.
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted Staff's findings-of-fact and approved the variance request as submitted. |
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