|
Back to Calendar
Return
|
| |
6. 0.
|
| Board of Adjustment |
|
|
|
| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicant is seeking a variance to replace a sign located closer than the required ten feet from the street right-of-way.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 8.07.04.D
D. Setbacks: All freestanding signs shall be set back from the street right-of-way
ten feet or more, measured from the forward-most edge of the sign. For those
signs placed on a corner, the side setback will be determined by measuring 35
feet along the intersection of the two public rights-of-way.
CRITERIA
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2.05.05 |
| 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 existing sign in question is located on a commercial parcel at the intersection of a collector road and an arterial road. The LDC allows for the face of a legally non-conforming sign to be replaced without the need for a variance, leaving the support structure in place. This provision applies to all other sites in the county with legally non-conforming signs and is not unique to this site.
|
| 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 replacement provision for this type of sign, the requested variance is not necessary for the preservation and enjoyment of a substantial property right. |
| 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 would 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 any more than what was previously allowed.
|
| 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
The requested variance is not necessary given the replacement provisions of LDC Article 9 dealing with legally non-conforming signs.
STAFF RECOMMENDATION:
Staff finds that the request does not meet criteria 1, 2 and 5 and denial of the
variance is recommended.
BOARD OF ADJUSTMENT FINDINGS:
The Board amended Staff's findings and approved the variance as requested. |
|
|
|