Agenda

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6. 2.

Board of Adjustment

Meeting Date:	09/16/2015
CASE: V-2015-10
APPLICANT:	Darlene and Jon Hammond, Agents for Citi Mortgage, Inc.
ADDRESS:	9420 Gibson Rd.
PROPERTY REFERENCE NO.:	24-3N-32-1300-000-000
ZONING DISTRICT:	Agr, Agriculture
FUTURE LAND USE:	AG, Agriculture

SUBMISSION DATA:

REQUESTED VARIANCE:

The Applicants are seeking a variance to the required right-of-way frontage in Agriculture (Agr.) zoning. The minimum right-of-way frontage in Agr. zoning is one hundred (100) feet and this property has a right-of-way lot width of sixty-five (65) feet. This necessitates a variance request of thirty-five (35) feet.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-2.2 (d) (5)

(5) Lot width. A minimum lot width of 100 feet at the street right-of-way for all lots.

CRITERIA

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

The properties along Gibson Rd. are large, refelcting the agricultural nature of the area and its uses. This property is unique in that it shares the same large size as others in the area but it alone lacks the required frontage width.

CRITERION (2)

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

FINDINGS-OF-FACT

The hardship on this property was not created by the Applicants but is the result of an improper split prior to their interest in the land. While this property does meet the acreage requirements of the zoning district, the lack of frontage width restricts the use of the site.

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 would 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.

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

Given the restrictions on the land, strict application of the Land Development Code would prohibit the Applicants the right to pull permits for the site.

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 to alleviate the hardship on site and allow residential use of the property.

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:

Staff finds that granting 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.

STAFF RECOMMENDATION:

Due to the hardship on this property, Staff recommends granting the variance as requested.

BOA DECISION

The Board adopted Staff Findings and approved the variance request.

Attachments
Working Case File #V-2015-10