Agenda

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6. 0.

Board of Adjustment

Meeting Date:	11/18/2015
CASE: V-2015-13
APPLICANT:	Edward Robinson, Owner
ADDRESS:	128 Shadow Lawn Ln.
PROPERTY REFERENCE NO.:	38-2S-30-1001-130-018
ZONING DISTRICT:	MDR, Meduim Density Residential
FUTURE LAND USE:	MU-U, Mixed Use Urban

SUBMISSION DATA:

REQUESTED VARIANCE:

The Applicant is seeking a variance to allow an eight (8) foot high privacy fence in the front yard. The Land Development Code (LDC) limits opaque fences to three (3) feet in the front yard.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 5-9.4 (a)

Opaque Materials Transparent Materials Which Do Not Obstruct Light, Air and Visibility

Front Yard 3 Feet 4 Feet

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 property in question is unique for residential properties along Shadow Lawn Lane in that the rear driveway for a commercial property is directly across the street to the south. Traffic exiting the rear driveway of this commercial site onto Shadow Lawn will point headlights directly towards the subject property. This feature is not shared by adjoining residential properties.

CRITERION (2)

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

FINDINGS-OF-FACT

Staff has found that a temporary land use certificate was issued for this property in March of 2000. While this was the type of permit a fence would fall under, staff has no record of any variance that would have allowed a privacy fence higher than three (3) feet.
Without any record of a variance to allow the additional height, staff cannot prove that the applicant meets this criterion.

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

Given the unique nature of the site, 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 that lack the unique condition.

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 not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district.

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 fence height of eight (8) feet is not the minimum necessary to make reasonable use of the land. Shielding of the site from the commercial traffic could be accomplished with a shorter privacy fence.

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 granting of the variance will be consistent with the general intent and purpose of the land development code and will not be injurious to the area or otherwise detrimental to the public welfare.

STAFF RECOMMENDATION:

Staff finds that the Applicant can not meet all of the required criteria, specifically criteria 4 and 5, and recommends denial of the request as submitted.

BOA DECISION

The Board overturned Staff Findings and approved a variance for a 6-foot privacy fence in the front yard.

Attachments
Working Case File V-2015-13