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7. 3.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicant is seeking a Variance to the side yard setbacks for construction of a dock terminal platform.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 7.05.00.C.12.d
d. For any dock, boathouse structure, pier, or any part of extensions thereof, the minimum setback line from the side property lines and riparian lines shall be ten percent of the width of the lot where the side property lines intersect the mean high water line (MHWL) (see exception in subsection e., below). However, side yards shall not be less than five feet on each side. This setback requirement is not intended to define an upland property owner's riparian and/or littoral rights.
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”.
The Applicant's property shares this water access as a platted, private greenway leading from their main parcel to the shore of Big Lagoon. The narrow shape of the greenway and the property line extensions thereof, create practical difficulties in the permitting of an over-water structure. |
| 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 purchase of water access property carries rights commonly associated with that ownership. Staff finds the construction of a dock accessing water of sufficient depth for naviagtion is one of those rights.
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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 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.
This determination is based on the Applicant's statement that the project has met the minimum requirements of the U. S. Army Corps of Engineers. Escambia County does not regulate navigation below the high tide line. |
| 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
Staff finds that the minimum necessary in this case is a dock accessing water of sufficient depth for naviagtion and that could be achieved without the need for a variance. The variance requested is for construction of the proposed terminal platform for vessel mooring.
STAFF RECOMMENDATION:
Staff finds that the Applicant cannot meet all of the required criteria for the granting of a variance, specifically the Applicant fails to meet criterion number five. Therefore, denial of the request is recommended.
BOARD OF ADJUSTMENT FINDINGS:
The Board granted the Applicant's request for a continuance. The case will be now be heard at the Dec.17, 2014 meeting. |
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