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6. 3.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicant is requesting a variance to the 10 foot side yard setback on the interior shared property lines, resulting in a zero lot line setback between the interior property lines.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-2.10.d, 3-2.10.7.b
3-2.10.d. Site and building requirements.
3-2.10.7.b. Structure setback. For all principal structures, minimum setbacks are: Sides. Ten feet on each side, including any group of attached townhouses. for structures exceeding 35 feet above highest adjacent grade, an additional two feet for each additional 10 feet in height.
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| CRITERION (1) |
Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district.
FINDINGS-OF-FACT
Section 2-6.3.c.3.a of the Land Development Code defines special circumstances or conditions specifically as follows: “Exceptional conditions. There are exceptional conditions or circumstances that are unique to the land in question, not ordinarily found on other lands in the vicinity and not a result of the owner’s intentional action. Unique conditions or circumstances include exceptional narrowness, shallowness, shape, or topographic conditions of the land or the presence of environmentally sensitive lands in or around the land.
The unusual steep topographic land of the commercial property presents practical site design difficulties. To accommodate the required parking, drive aisles and stormwater detention pond, the proposed buildings are shifted close together. The requested variance would allow for a viable commercial design.
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| CRITERION (2) |
The special conditions and circumstances do not result from the actions of the applicant.
FINDINGS-OF-FACT
The variance would allow the property owner the necessary space to meet all of the requirements of new construction on these specific parcels and is necessary for the preservation and enjoyment of a substantial property right normally associated with a commercial development.
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| CRITERION (3) |
Granting the variance requested will not confer on the applicant any special privilege that is denied by this land development code to other lands, buildings or structures in the same zoning district.
FINDINGS-OF-FACT
Granting the variance request will not alter any special privilege that is denied by this land development code to other lands, buildings or structures in the same zoning district.
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| CRITERION (4) |
Strict application of the provisions of the land development code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the land development code and would create an unnecessary and undue hardship on the applicant.
FINDINGS-OF-FACT
Section 2-6.3.c.3.b of the Land Development Code (LDC) defines, substantial hardship as under the unique land conditions or circumstances prompting the variance request, the strict application of LDC standards causes an exceptional practical difficulty or undue physical hardship to the owner that effectively prohibits a permissible principal use or denies rights and privileges legally enjoyed by owners of other properties in the vicinity or within the same zoning district.
The requested variance is for an unusual steep topographic land for the commercial property that presents practical site design difficulties. To accommodate the required parking, drive aisles and storm-water detention pond, the proposed buildings are shifted close together. The requested variance would allow for a viable commercial design and full potential build out of the property. |
| CRITERION (5) |
The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.
FINDINGS-OF-FACT
The requested variance is the minimum necessary considering the unique topographic slope to the south east and for the placement of the storm-water detention pond. |
| CRITERION (6) |
The granting of the variance will be consistent with the general intent and purpose of the land development code and that such variance will not be injurious to the area or otherwise detrimental to the public welfare.
FINDING OF FACT:
Granting the variance request will not alter other provisions of the Land Development Code or be injurious to the area or detrimental to the public welfare. |
| STAFF RECOMMENDATION: |
Staff finds that the Applicant does meet all of the required criteria for the granting of the variance. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted Staff's findings and approved the variance request as submitted. |
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