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6. 2.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED VARIANCE:
The Applicant is seeking a variance to the front yard setback for the renovation of an existing non-conforming structure. The current required zoning setback is 15' and the existing structure setback is 6'±. The requested variance would lessen the building (primary) setback to 4'± and the awning (secondary) setback to 1'±.
This site is located within the Warrington Community Redevelopemnt Area.
Land Development Code of Escambia County, Forida (Ordinance No. 96-3 as amended), Section: Sec. 3-2.10.8.d.7.a
(7) Structure setback. For all principal structures, minimum setbacks are:
a. Front and rear. Fifteen feet in both front and rear.
And
Sec. 3-1.5.g.4
Encroachments by building features. Every part of a required yard shall be open from its lowest point to the sky, unobstructed except for the ordinary projection of sills, belt courses, cornices, buttresses, awnings, eaves and similar building features. No such projection shall extend more than 24 inches into any yard, except roof overhangs, awnings, outside stairways, and balconies which may extend up to 48 inches into any yard provided the building setback is otherwise at least 10 feet
Land Development Code of Escambia County, Forida (Ordinance No. 96-3 as amended), Section 2-6.3 |
| 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.
Current zoning and redevelopment area regulations present practical difficulties in the renovation of this existing, legally non-conforming building. Any changes to the front facade of this structure would necessitate a variance, yet these changes are promoted by the overlay distict regulations. Staff finds that these circumstances do meet the need for a variance. |
| CRITERION (2) |
The special conditions and circumstances do not result from the actions of the applicant.
FINDINGS-OF-FACT
The unique conditions of this case are not self imposed. The Applicant is seeking to meet standards promoted by the redevelopment plan. |
| 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 requested variance relief will not confer a special privlege. |
| 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 submitted request does meet this criterion. |
| 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 given the unique circumstances present.
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| 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:
The requested 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.
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| STAFF RECOMMENDATION: |
Staff recommends that the Board approve the variance request as submitted. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted Staff's findings and approved the variance as requested. |
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