|
Back to Calendar
Return
|
| |
7. 1.
|
| Board of Adjustment |
|
|
|
| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
The Applicant is seeking Conditional Use approval to allow on-premise alcohol sales within 1000 feet of a place of worship.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 7.14.01.E
E. Conditional use. The Board of Adjustment (BOA) may approve a conditional use for the sale of alcohol within 1,000 feet of a place of worship if it finds that all of the following required applicable conditions exist.
CRITERIA
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2.05.03.
|
| CRITERION (1) |
The applicant will suffer undue hardship by the literal application of the Code.
FINDINGS-OF-FACT
The Applicant is facing a competition hardship as similar properties in the area and within the same retail plaza have alcohol sales as they predated the adjacent church. |
| CRITERION (2) |
The authorization of the conditional use will not impair the 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
The proposed conditional use should not impair the 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 (3) |
The conditional use will not, in any manner, alter other provisions of this Code or the Comprehensive Plan, except this Code and the plan may be amended in the manner prescribed by law.
FINDINGS-OF-FACT
The proposed conditional use should not, in any manner, alter other provisions of this Code or the Comprehensive Plan, except this Code and the Plan may be amended in the manner prescribed by law. |
| CRITERION (4) |
The subject property is oriented to have the minimum impact on the surrounding properties.
FINDINGS-OF-FACT
The proposed use should not have an adverse impact on the surrounding properties.
|
| CRITERION (5) |
Adequate ingress and egress to the subject property and proposed or existing structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, on-site parking and loading, and access in case of fire or catastrophe is addressed.
FINDINGS-OF-FACT
There is adequate ingress and egress to the subject property from Mobile Highway.
|
| CRITERION (7) |
The proposed establishment’s general compatibility with adjacent properties and other property in the immediate area is adequately addressed.
FINDINGS-OF-FACT
Given the Commercial zoning and nature of the site, the proposed use is compatible.
|
| CRITERION (8) |
The proposed use is consistent with all other relevant provisions of this Code.
FINDINGS-OF-FACT
The proposed use is consistent with all other relevant provisions of this Code. |
| CRITERION (9) |
The establishment meets the requirements to qualify as a responsible vendor as outlined in F.S. § 561.705, as amended.
FINDINGS-OF-FACT
The proposed establishment must participate in the State of Florida’s responsible vendor program.
|
| CRITERION (10) |
For establishments seeking a conditional use to sell alcohol for off-premises consumption, the establishment meets the requirements for a 3PS (beer, wine, and liquor) license as described in F.S. § 565.02(1)(a), as amended.
FINDINGS-OF-FACT
Not applicable as this request is for on-premise sales only. |
| CRITERION (11) |
For establishments seeking a conditional use to sell alcohol for on-premises consumption, the establishment meets the requirements for a state issued alcohol license for on premises consumption.
FINDINGS-OF-FACT
The Applicant must meet the state requirements.
|
| RECOMMENDATION |
Staff finds that the Applicant can meet all the required criterion and approval of the request is recommended.
BOA FINDINGS
The Board adopted Staff's findings and approved the Conditional Use as requested. |
|
|
|