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6. 2.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicants are requesting to reduce their front and rear yard setbacks for the construction of a single family home on an existing platted lot. The front yard setback would be five feet at its narrowest and the rear setback would be reduced to thirteen feet.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 2.05.02
CRITERIA
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 6.05.07.E.3&4
E. Site and building requirements.
3. Front yard. There shall be a front yard having a depth of not less than 20 feet, provided that in blocks where 50 percent or more of the lots are developed, the front yard required shall be the average setback of the dwellings already constructed.
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. |
| 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 site is unique in the surrounding area as it is a vacant lot in a subdivision that was platted and built many years prior to the imposition of zoning setbacks. The current setbacks greatly reduce the buildable footprint from what was origninally designed. While staff is able to administratively grant some relief to the front yard setback through averaging the setbacks along the block, the inward curvature of the lot still creates a problem. These factors create practical difficulties in the construction of a home to modern standards. |
| 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
Given the unique difficulties on the site, the variance is necessary for the construction as proposed. |
| 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 hardships on the lot, the request is necessary to build the home as designed.
STAFF RECOMMENDATION:
Staff finds that the Applicants can meet all of the required criteria and recommends granting the variance as requested.
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted staff's findings and approved the variance as requested. |
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