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6. 3.

Board of Adjustment

Meeting Date:	09/16/2015
CASE: V-2015-11
APPLICANT:	Rex Burt, Agent for Gulf Winds Federal Credit Union
ADDRESS:	220 East Nine Mile Road
PROPERTY REFERENCE NO.:	18-1S-30-1003-000-001
ZONING DISTRICT:	HCLI & HDMU
FUTURE LAND USE:	MU-S, Mixed Use Suburban

SUBMISSION DATA:

REQUESTED VARIANCE:

The Applicant is seeking a variance to install a new freestanding sign that will encroach into the front setback by 6'1". The location will be the same as an existing non-conforming sign that pre-dates the Land Development Code requirements. The current required setback is 10 feet.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 5.8-7c(2)4

(4) 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.

Land Development Code of Escambia County, Florida (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 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 existing sign on site was installed prior to the current right of way setback. The Applicant is seeking to replace the sign in the same location as was permitted with the original site design and layout. The challenge of replacing the sign into the designed layout while meeting the current setbacks presents a practical hardship in the use of the site.

CRITERION (2)

The special conditions and circumstances do not result from the actions of the applicant.

FINDINGS-OF-FACT

This variance does not result from the actions of the Applicant.

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 will not confer a special privilege.

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

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.

The 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

This variance is the minimum necessary given the unique circumstances present.

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 should not be injurious to the area or otherwise detrimental to the public welfare.

STAFF RECOMMENDATION:

Staff recommends that the Board approve the variance request as submitted.

BOA DECISION

The Board adopted Staff Findings and approved the variance request.

Attachments
Working Case File #V-2015-11