|
Back to Calendar
Return
|
| |
7. 3.
|
| Board of Adjustment |
|
|
|
| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicant is seeking variances to allow a second freestanding sign on a parcel, and to allow that sign to be located closer than 10 feet from the property line and closer than 200 feet from the original sign.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 8.07.03.B.4.a.b & 8.07.04.E.4
8.07.03. Commercial and industrial zones.
4. Number of signs permitted: a. Two acres and smaller--One freestanding sign only per street frontage. b. One additional freestanding sign will be allowed for each full acre in parcel size above two acres. All signs on a single parcel must have a minimum spacing between signs of 200 feet measured continuously along the rights-of-way through common point or points, from the closest parts of any two signs. The maximum total number of freestanding signs per zone lot is four.
8.07.04
E. A sign may be located within the required setback area, up to one foot of the property line, if the owner executes an agreement (in a form acceptable to the county attorney) that provides for the following:
1. Indemnification of the county from all claims arising in connection with the sign;
2. Agreement that all existing signs on the zone lot have been brought into agreement with this article; and
3. Forfeiture of rights to compensation for removal necessitated by government action.
OR
4. The owner must apply to the Board of Adjustments for a variance to the required setback and submit a plan that demonstrates that the proposed location for the sign will not obstruct vehicular vision.
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 two suite commercial building on this site pre-dates the LDC and stradles two parcels, a configuration that would not be allowed by our current code. The freestanding sign on site is located along a common driveway north of the suite adjacent to the Applicant. Having the sign as far away as possible on the parcel does create some practical hardships for the Applicant in advertising his business.
The first request would allow him to move his signage from its current location and place it in front of the suite in question, but this brings about the second issue. Placing the sign at the required 10 foot setback would place it within the required maneuvering area and cause additional hardships. |
| 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 variances are necessary given the conditions on 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.
|
| 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.
|
| 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 nature of the site the requested variances are necessary to alleviate the hardships.
STAFF RECOMMENDATION:
Staff recommends approval of the request as submitted.
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted Staff's findings and approved the variance as requested. |
|
|
|